88R19049 ANG-F
 
  By: Hinojosa S.B. No. 2601
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment of costs related to the relocation of certain
  utility facilities for state highway projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 203.092(a-4), Transportation Code, is
  amended to read as follows:
         (a-4)  Notwithstanding another provision of this section, a
  utility shall make a relocation of a utility facility required by
  improvement of the state highway system at the expense of this state
  if the commission determines that:
               (1)  the utility is a political subdivision, [or] is
  owned or operated by a political subdivision, or is a water supply
  or sewer service corporation organized and operating under Chapter
  67, Water Code;
               (2)  a financial condition would prevent the utility
  from being able to pay the cost of relocation in full or in part at
  the time of relocation or, if paid at that time, the payment would
  adversely affect the utility's ability to operate or provide
  essential services to its customers; and
               (3)  the utility:
                     (A)  would not be able to receive a state
  infrastructure bank loan under Subchapter D, Chapter 222, to
  finance the cost of the relocation and is otherwise unable to
  finance that cost; or
                     (B)  if the utility is a political subdivision or
  is owned or operated by a political subdivision, the political
  subdivision [that]:
                           (i)  has a population of less than 5,000; and
                           (ii)  is located in a county that has been
  included in at least five disaster declarations made by the
  president of the United States in the six-year period preceding the
  proposed date of the relocation.
         SECTION 2.  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, 2023.