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A BILL TO BE ENTITLED
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AN ACT
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relating to an order by a drainage district to maintain certain |
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infrastructure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 56, Water Code, is amended |
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by adding Section 56.112 to read as follows: |
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Sec. 56.112. ORDER TO MAINTAIN CERTAIN INFRASTRUCTURE ON |
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PRIVATE PROPERTY. (a) This section does not apply to a property |
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owner that is a railroad that owns or leases: |
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(1) locomotives and freight rail cars; and |
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(2) rights-of-way used for the purposes of |
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transporting goods by rail between at least two terminuses. |
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(b) The district may order a property owner to clear or |
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otherwise maintain a canal, drain, ditch, or levee located on the |
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owner's private property. |
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(c) A property owner who receives an order under Subsection |
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(b) may comply with the order by: |
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(1) providing consent for the district to perform the |
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clearing or maintenance described in the order; or |
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(2) performing the clearing or maintenance described |
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in the order. |
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(d) If a property owner who receives an order under |
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Subsection (b) fails to comply with the order before the 180th day |
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after the date the order was issued, the district, if the property |
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owner does not deny access to the property, may enter the property |
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to perform the clearing or maintenance described in the order. |
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SECTION 2. This Act takes effect September 1, 2019. |