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A BILL TO BE ENTITLED
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AN ACT
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relating to the relocation of a utility facility located in a |
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highway right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.0935, Transportation Code, is |
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amended by amending Subsection (e) and adding Subsection (e-1) to |
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read as follows: |
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(e) If the utility fails to enter into an agreement within |
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the 90-day period under Subsection (d), the department may: |
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(1) relocate the facility at the sole cost and expense |
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of the utility less any reimbursement of costs that would have been |
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payable to the utility under Section 203.092; or |
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(2) contract with a third party to relocate the |
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facility at the sole cost and expense of the utility. |
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(e-1) A relocation [by the department] under Subsection (e) |
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[this subsection] shall be conducted in full compliance with |
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applicable law, using standard equipment and construction |
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practices compatible with the utility's existing facilities, and in |
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a manner that minimizes disruption of utility service. |
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SECTION 2. Section 203.094, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The department may deny a permit application made by a |
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utility or revoke a permit granted by the department to a utility |
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for any of the utility's facilities if the department determines |
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that the utility is delaying, without good cause: |
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(1) entering into a timely agreement with the |
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department for the relocation of a facility; or |
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(2) making a timely relocation of a facility. |
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SECTION 3. Subchapter Z, Chapter 181, Utilities Code, is |
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amended by adding Section 181.903 to read as follows: |
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Sec. 181.903. REMEDIES OF LOCAL AUTHORITY FOR DELAYED |
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RELOCATION. (a) In this section, "utility" includes a publicly, |
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privately, or cooperatively owned utility that provides telephone, |
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telegraph, communications, electric, gas, heating, water, |
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railroad, storm sewer, sanitary sewer, or pipeline service. |
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(b) The governing body of a municipality or the |
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commissioners court of a county authorized by this chapter or other |
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law to require the owner or operator of a utility to relocate the |
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utility's facility for the purposes of a transportation project |
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that is located in a public right-of-way in which the municipality |
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or county has an interest may, if the governing body or |
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commissioners court determines that the utility is delaying making |
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a timely relocation of the facility without good cause: |
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(1) contract with a third party to relocate the |
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facility at the sole cost and expense of the utility; and |
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(2) deny a permit application made by a utility or |
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revoke a permit granted by the municipality or county to the utility |
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for any of the utility's facilities. |
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SECTION 4. Section 203.094(d), Transportation Code, and |
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Section 181.903, Utilities Code, as added by this Act, apply only to |
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a delay associated with the relocation of a facility for which the |
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utility first receives notice of the required relocation on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |