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A BILL TO BE ENTITLED
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AN ACT
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relating to payment of costs related to the relocation of certain |
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political subdivision utility facilities for state highway |
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projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.092, Transportation Code, is amended |
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by adding Subsection (a-4) to read as follows: |
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(a-4) Notwithstanding another provision of this section, a |
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utility shall make a relocation of a utility facility required by |
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improvement of the state highway system at the expense of this state |
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if the commission determines that: |
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(1) the utility is a political subdivision or is owned |
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or operated by a political subdivision; |
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(2) a financial condition would prevent the utility |
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from being able to pay the cost of relocation in full or in part at |
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the time of relocation or, if paid at that time, the payment would |
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adversely affect the utility's ability to operate or provide |
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essential services to its customers; and |
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(3) the utility is ineligible for a state |
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infrastructure bank loan under Subchapter D, Chapter 222, or is |
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otherwise unable to finance the cost of the relocation. |
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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. |