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A BILL TO BE ENTITLED
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AN ACT
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relating to the clearance of a ditch for the purpose of flood |
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prevention by certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.008, Transportation Code, is amended |
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to read as follows: |
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Sec. 254.008. REGULATION OF PRIVATE DITCHES IN COUNTIES OF |
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600,000 [100,000] OR LESS.(a) In a county with a population of |
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600,000 [100,000] or less, the commissioners court by order may: |
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(1) remove the blockage of a ditch on real property |
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that is not owned by the county, if the ditch connects with a |
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drainage ditch constructed or maintained by the county; [or] |
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(2) provide for the removal or clearance of a blockage |
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from a ditch that is in violation of an order adopted under this |
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section; or |
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(3) provide for clearance of blockage from a ditch for |
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the purpose of flood prevention. |
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(b) Before a commissioners court acts to remove or clear a |
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blockage under this section, the court shall send a notice by |
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certified mail to the record owners of the property on which the |
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blockage is located in violation of an order adopted under this |
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section. The notice must inform the owners of the order and of the |
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other relevant provisions of this section. The court may not remove |
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or clear the blockage before the 20th day after the date the notice |
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is sent. |
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(c) The commissioners court shall pay the costs incurred in |
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clearing or removing a blockage under this section. |
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(d) In this section: |
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(1) "Blockage" means an accumulation of refuse, |
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vegetation, or other matter in a ditch that substantially decreases |
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or stops the flow of water through the ditch. |
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(2) "Ditch" includes a culvert or easement. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |