87R20473 MP-F
 
  By: Martinez H.B. No. 2700
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Texas Department of Transportation agreements and
  property interests related to maintenance of certain
  transportation infrastructure and right-of-way.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 202, Transportation Code,
  is amended by adding Section 202.062 to read as follows:
         Sec. 202.062.  MUNICIPAL MAINTENANCE OF STATE HIGHWAY
  RIGHT-OF-WAY.  (a)  The department and a municipality may enter into
  an agreement to allow the municipality to maintain all or a portion
  of the state highway right-of-way located within the municipality
  or the municipality's extraterritorial jurisdiction.
         (b)  An agreement entered into under this section may provide
  compensation to the municipality to maintain the right-of-way that
  is equal to the cost the department would incur if the department or
  a contractor acting on behalf of the department maintained the
  right-of-way.
         SECTION 2.  Section 370.169, Transportation Code, is amended
  by adding Subsections (d) and (e) to read as follows:
         (d)  The department has full easements and rights-of-way
  through, across, under, and over any property owned by the state or
  a local government that are necessary or convenient for the
  maintenance of any portion of a transportation project or system
  operated by an authority under this chapter.
         (e)  An easement or right-of-way granted under this section
  must be documented by filing a declaration of the property interest
  in the real property records of the county. The declaration must
  include:
               (1)  a description of the property interest;
               (2)  a specific reference to the legislative authority
  for the property interest; and
               (3)  a plot plan of the property interest, including
  the following information, if applicable:
                     (A)  the municipality in which the property is
  located;
                     (B)  the street address of the property; and
                     (C)  the lot and block number of the property.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.