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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Department of Transportation agreements and |
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property interests related to maintenance of certain |
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transportation infrastructure and right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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is amended by adding Section 202.062 to read as follows: |
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Sec. 202.062. MUNICIPAL MAINTENANCE OF STATE HIGHWAY |
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RIGHT-OF-WAY. (a) The department and a municipality may enter into |
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an agreement to allow the municipality to maintain all or a portion |
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of the state highway right-of-way located within the municipality |
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or the municipality's extraterritorial jurisdiction. |
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(b) An agreement entered into under this section may provide |
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compensation to the municipality to maintain the right-of-way that |
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is equal to the cost the department would incur if the department or |
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a contractor acting on behalf of the department maintained the |
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right-of-way. |
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SECTION 2. Section 370.169, Transportation Code, is amended |
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by adding Subsections (d) and (e) to read as follows: |
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(d) The department has full easements and rights-of-way |
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through, across, under, and over any property owned by the state or |
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a local government that are necessary or convenient for the |
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maintenance of any portion of a transportation project or system |
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operated by an authority under this chapter. |
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(e) An easement or right-of-way granted under this section |
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must be documented by filing a declaration of the property interest |
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in the real property records of the county. The declaration must |
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include: |
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(1) a description of the property interest; |
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(2) a specific reference to the legislative authority |
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for the property interest; and |
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(3) a plot plan of the property interest, including |
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the following information, if applicable: |
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(A) the municipality in which the property is |
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located; |
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(B) the street address of the property; and |
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(C) the lot and block number of the property. |
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SECTION 3. 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, 2021. |