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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a program by the Texas Department of |
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Transportation to allow a real property owner to plant or replace |
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vegetation in a 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 202.0585 to read as follows: |
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Sec. 202.0585. VEGETATION IN RIGHT-OF-WAY. (a) Subject to |
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Subsections (b) and (c), the department by rule shall develop and |
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implement a program to allow an owner of real property abutting or |
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adjoining property acquired by the department for the right-of-way |
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of a road in the state highway system to: |
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(1) plant vegetation or replace existing vegetation in |
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the right-of-way if the owner determines that the new vegetation |
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will enhance the aesthetic appeal of the property; or |
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(2) replace existing vegetation in the right-of-way if |
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the vegetation to be replaced reduces the visibility of the |
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property. |
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(b) The program may authorize an owner of real property |
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described by Subsection (a) to plant or replace existing vegetation |
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only in the right-of-way, including the outer separation, located |
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within 500 feet of the property. |
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(c) An owner of real property who plants or replaces |
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vegetation in the right-of-way in accordance with this section: |
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(1) is responsible for all costs associated with the |
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planting or replacement of vegetation; |
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(2) may only use plants that are native, regionally |
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appropriate, and pollinator-friendly; and |
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(3) may not interfere with any public utility |
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infrastructure located in the right-of-way. |
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(d) The rules adopted by the department under Subsection (a) |
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may not impair or relinquish the state's right to use the |
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right-of-way when needed to construct or reconstruct the road for |
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which it was acquired. |
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(e) Use by the owner of adjoining or abutting real property |
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under this section is not abandonment of the right-of-way by the |
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department. |
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(f) This section does not require a utility, as defined by |
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Section 203.091, that performs work in the right-of-way to replace |
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vegetation or provide compensation to an owner of real property for |
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replacing vegetation if the removal of vegetation is necessary to |
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perform the work. |
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SECTION 2. This Act takes effect September 1, 2023. |