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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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utility facilities for state highway 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(a-4), Transportation Code, is |
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amended 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 |
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owned or operated by a political subdivision, or is a water supply |
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or sewer service corporation organized and operating under Chapter |
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67, Water Code; |
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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: |
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(A) would not be able to receive a state |
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infrastructure bank loan under Subchapter D, Chapter 222, to |
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finance the cost of the relocation and is otherwise unable to |
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finance that cost; or |
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(B) if the utility is a political subdivision or |
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is owned or operated by a political subdivision, the political |
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subdivision [that]: |
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(i) has a population of less than 5,000; and |
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(ii) is located in a county that has been |
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included in at least five disaster declarations made by the |
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president of the United States in the six-year period preceding the |
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proposed date 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, 2023. |