BILL ANALYSIS

C.S.H.B. 4164

By: Guillen

Transportation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that when a property owner does not respond to a mailed notice regarding a state highway project, the Texas Department of Transportation (TxDOT) is currently not explicitly required to follow up, which can result in affected landowners being unaware of important project developments or right-of-way actions. C.S.H.B. 4164 seeks to improve communication with property owners who may be affected by state highway projects and ensure that all reasonable efforts are made to inform property owners when initial notices are not acknowledged by establishing requirements for TxDOT with respect to the manner in which notice of these projects is provided and efforts are made to locate property owners who do not acknowledge receipt.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Transportation in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4164 amends the Transportation Code to require the Texas Department of Transportation (TxDOT) to take the following actions with respect to the notice that must be provided to owners of adjoining property and affected local governments and public officials regarding a state highway project that involves the addition of one or more vehicular lanes to an existing highway or the construction of a highway at a new location:

· send the notice by certified mail, return receipt requested;

· request that an adjoining property owner who is provided such notice of a project submit a response to TxDOT, in a form and manner prescribed by TxDOT rule and not later than the 60th day after the date the owner receives the notice, acknowledging receipt of the notice; and

· if TxDOT does not receive an acknowledgement from the adjoining property owner on or before the 60th day after the date TxDOT mailed the notice, identify through the appropriate TxDOT district office each known address of the property owner, including the owner's last known residence address if that address is different from the property address, and make a reasonable effort to locate and provide personal notice to the owner.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4164 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both versions of the bill relate to the notice that must be provided to owners of adjoining property and affected local governments and public officials regarding certain state highway projects. However, whereas the introduced required TxDOT, if it does not receive a response to such a notice on or before the 60th day after the date the notice is mailed, to make a reasonable effort to locate the property owner and provide notice by personal delivery, the substitute requires TxDOT to take the following actions:

· send the notice by certified mail, return receipt requested;

· request that an adjoining property owner who is provided such notice submit a response to TxDOT, in a form and manner prescribed by TxDOT rule and not later than the 60th day after the date the owner receives the notice, acknowledging receipt of the notice; and

· if TxDOT does not receive an acknowledgement from the adjoining property owner on or before the 60th day after the date TxDOT mailed the notice, identify through the appropriate TxDOT district office each known address of the property owner, including the owner's last known residence address if that address is different from the property address, and make a reasonable effort to locate and provide personal notice to the owner.