81R802 JJT-D
By: Rodriguez H.B. No. 3787
A BILL TO BE ENTITLED
AN ACT
relating to the relocation of utilities on certain highways and
county roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 181.025, Utilities Code, is amended to
read as follows:
Sec. 181.025. TRANSPORTATION COMMISSION REQUIREMENT:
RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO TRAFFIC LANE. (a)
The authority of the Texas Transportation Commission under this
section is limited to a gas facility on a state highway not in a
municipality. [The authority of the commissioners court under this
section is limited to a gas facility on a county road not in a
municipality.]
(b) The Texas Transportation Commission [or the
commissioners court of a county] may require a gas utility to
relocate the utility's gas facility, at the utility's own expense,
to allow the widening or other changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Transportation Commission [or the commissioners court, as
appropriate,] must give to the gas utility 30 days' written notice
of the requirement. The notice must identify the gas facility to be
relocated and indicate the location on the new right-of-way where
the gas utility may place the facility.
(d) The gas utility shall replace the grade and surface of
the highway or road at the utility's own expense.
SECTION 2. Subchapter B, Chapter 181, Utilities Code, is
amended by adding Section 181.0251 to read as follows:
Sec. 181.0251. COUNTY REQUIREMENT: RELOCATION OF GAS
FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a
county commissioners court under this section is limited to a gas
facility on a county road not in a municipality. A commissioners
court may act under this section through a designated
representative.
(b) The commissioners court of a county may require a gas
utility to relocate the utility's gas facility, at the utility's own
expense, to allow:
(1) widening a right-of-way;
(2) changing a traffic lane;
(3) improving a roadbed or roadway;
(4) improving a drainage ditch located on a
right-of-way; or
(5) other construction of or improvements to a public
roadway, or construction or improvements in a public roadway
right-of-way, necessary for:
(A) safe and efficient transportation of people,
goods, or services; or
(B) compliance with storm water management
programs.
(c) To impose a requirement under this section, the
commissioners court must give to the gas utility written notice of
the requirement. The notice must include depictions of:
(1) existing visible site conditions and gas and other
utility facilities; and
(2) proposed site conditions and gas and other utility
facilities in the right-of-way the county owns or is in the process
of acquiring.
(d) Before the 31st day after the date the commissioners
court gives notice to a gas utility under Subsection (c), the gas
utility shall evaluate the need for a relocation plan for its gas
facilities and:
(1) begin preparation of a relocation plan in
cooperation with the county and any other affected owner of other
utility facilities, if a relocation plan is necessary; or
(2) notify the county that a relocation plan is not
necessary.
(e) A gas utility shall complete its relocation plan, if
necessary, not later than the 150th day after the date the
commissioners court gives the notice under Subsection (c). On
completion of its plan, the gas utility shall coordinate with the
county to determine a mutually acceptable schedule for beginning
and completing the relocation of gas facilities. The schedule must
include specific dates for beginning and completing the relocation
project.
(f) The gas utility may revise an agreed date for beginning
or completing the relocation of gas facilities if the commissioners
court agrees to the revision.
(g) While relocating the gas facilities, the gas utility
shall use the Texas State Plane Coordinate System to identify, with
sub-meter accuracy, the beginning point, end point, and major angle
points of each of the gas utility's relocated gas facilities. The
gas utility shall make the coordinate system information available
to the county in a computer-aided design and drafting (CADD) format
or a format that is readily convertible to that format.
(h) If a gas utility fails to comply with this section, a
requirement imposed by a commissioners court under this section, or
a relocation plan schedule, the county attorney of that county may
bring suit against the gas utility for:
(1) an injunction compelling the utility to comply
with this section, the imposed requirement, or the relocation plan
schedule;
(2) damages in an amount equal to any costs the county
incurs as a result of a delay caused by the gas utility's failure to
comply with this section, the imposed requirement, or the
relocation plan schedule, including:
(A) the costs incurred by the county in
relocating a gas utility facility with county employees or with a
contractor; or
(B) the costs incurred by the county in relation
to a contractor for the county's roadway project described by
Subsection (b), including the county's reimbursement of or payment
of costs incurred by the contractor, because of the gas utility's
failure to comply; or
(3) both an injunction and damages.
(i) The county the commissioners court of which imposes a
requirement under this section is not liable to a gas utility for
damages to property of the gas utility that result from a county
project described by Subsection (b), including damages:
(1) to any gas utility facility the gas utility
determined was not necessary to relocate; or
(2) caused by the county in relocating the gas
utility's facility to avoid a delay in a roadway project described
by Subsection (b) if the gas utility failed to comply with this
section, the imposed requirement, or the relocation plan schedule.
SECTION 3. Section 181.046, Utilities Code, is amended to
read as follows:
Sec. 181.046. TRANSPORTATION COMMISSION REQUIREMENT:
RELOCATION OF LINE TO ALLOW ROAD OR DITCH IMPROVEMENT. (a) The
authority of the Texas Transportation Commission under this section
is limited to a line on a state highway not in a municipality. [The
authority of the commissioners court under this section is limited
to a line on a county road not in a municipality.]
(b) The Texas Transportation Commission [or the
commissioners court of a county] may require an electric utility to
relocate a line of the utility, at the utility's own expense, to
allow the:
(1) widening of a right-of-way;
(2) changing of a traffic lane;
(3) improving of a roadbed [road bed]; or
(4) improving of a drainage ditch located on a
right-of-way.
(c) To impose a requirement under this section, the Texas
Transportation Commission [or the commissioners court, as
appropriate,] must give to the electric utility 30 days' written
notice of the requirement. The notice must identify the line to be
relocated and indicate the location on the new right-of-way where
the electric utility may place the line.
SECTION 4. Subchapter C, Chapter 181, Utilities Code, is
amended by adding Section 181.0461 to read as follows:
Sec. 181.0461. COUNTY REQUIREMENT: RELOCATION OF LINE TO
ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county
commissioners court under this section is limited to a line on a
county road not in a municipality. A commissioners court may act
under this section through a designated representative.
(b) The commissioners court of a county may require an
electric utility to relocate a line of the electric utility, at the
utility's own expense, to allow:
(1) widening a right-of-way;
(2) changing a traffic lane;
(3) improving a roadbed or roadway;
(4) improving a drainage ditch located on a
right-of-way; or
(5) other construction of or improvements to a public
roadway, or construction or improvements in a public roadway
right-of-way, necessary for:
(A) safe and efficient transportation of people,
goods, or services; or
(B) compliance with storm water management
programs.
(c) To impose a requirement under this section, the
commissioners court must give to the electric utility written
notice of the requirement. The notice must include depictions of:
(1) existing visible site conditions and lines and
other utility facilities; and
(2) proposed site conditions and lines and other
utility facilities in the right-of-way the county owns or is in the
process of acquiring.
(d) Before the 31st day after the date the commissioners
court gives notice to an electric utility under Subsection (c), the
electric utility shall evaluate the need for a relocation plan for
its line and:
(1) begin preparation of a relocation plan in
cooperation with the county and any other affected owner of other
utility facilities, if a relocation plan is necessary; or
(2) notify the county that a relocation plan is not
necessary.
(e) An electric utility shall complete its relocation plan,
if necessary, not later than the 150th day after the date the
commissioners court gives the notice under Subsection (c). On
completion of its plan, the electric utility shall coordinate with
the county to determine a mutually acceptable schedule for
beginning and completing the relocation of the line. The schedule
must include specific dates for beginning and completing the
relocation project.
(f) The electric utility may revise an agreed date for
beginning or completing the relocation of the line if the
commissioners court agrees to the revision.
(g) While relocating the electric utility's line, the
electric utility shall use the Texas State Plane Coordinate System
to identify, with sub-meter accuracy, the beginning point, end
point, and major angle points of each of the electric utility's
relocated lines. The electric utility shall make the coordinate
system information available to the county in a computer-aided
design and drafting (CADD) format or a format that is readily
convertible to that format.
(h) If an electric utility fails to comply with this
section, a requirement imposed by a commissioners court under this
section, or a relocation plan schedule, the county attorney of that
county may bring suit against the electric utility for:
(1) an injunction compelling the utility to comply
with this section, the imposed requirement, or the relocation plan
schedule;
(2) damages in an amount equal to any costs the county
incurs as a result of a delay caused by the electric utility's
failure to comply with this section, the imposed requirement, or
the relocation plan schedule, including:
(A) the costs incurred by the county in
relocating a line with county employees or with a contractor; or
(B) the costs incurred by the county in relation
to a contractor for the county's roadway project described by
Subsection (b), including the county's reimbursement of or payment
of costs incurred by the contractor, because of the electric
utility's failure to comply; or
(3) both an injunction and damages.
(i) The county the commissioners court of which imposes a
requirement under this section is not liable to an electric utility
for damages to property of the electric utility that result from a
county project described by Subsection (b), including damages:
(1) to a line the electric utility determined was not
necessary to relocate; or
(2) caused by the county in relocating the electric
utility's line to avoid a delay in a roadway project described by
Subsection (b) if the utility failed to comply with this section,
the imposed requirement, or the relocation plan schedule.
SECTION 5. Subchapter E, Chapter 181, Utilities Code, is
amended by adding Section 181.090 to read as follows:
Sec. 181.090. COUNTY REQUIREMENT: RELOCATION OF LINE OR
FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a
county commissioners court under this section is limited to a line
or other facility on a county road not in a municipality. A
commissioners court may act under this section through a designated
representative.
(b) The commissioners court of a county may require a
telephone or telegraph corporation to relocate the corporation's
line or facility, at the corporation's own expense, to allow:
(1) widening a right-of-way;
(2) changing a traffic lane;
(3) improving a roadbed or roadway;
(4) improving a drainage ditch located on a
right-of-way; or
(5) other construction of or improvements to a public
roadway, or construction or improvements in a public roadway
right-of-way, necessary for:
(A) safe and efficient transportation of people,
goods, or services; or
(B) compliance with storm water management
programs.
(c) To impose a requirement under this section, the
commissioners court must give to the telephone or telegraph
corporation written notice of the requirement. The notice must
include depictions of:
(1) existing visible site conditions, corporation
lines and facilities, and other utility facilities; and
(2) proposed site conditions, corporation lines and
facilities, and other utility facilities in the right-of-way the
county owns or is in the process of acquiring.
(d) Before the 31st day after the date the commissioners
court gives notice to a telephone or telegraph corporation under
Subsection (c), the corporation shall evaluate the need for a
relocation plan for its lines or facilities and:
(1) begin preparation of a relocation plan in
cooperation with the county and any other affected owner of other
utility facilities, if a relocation plan is necessary; or
(2) notify the county that a relocation plan is not
necessary.
(e) A telephone or telegraph corporation shall complete its
relocation plan, if necessary, not later than the 150th day after
the date the commissioners court gives the notice under Subsection
(c). On completion of its plan, the corporation shall coordinate
with the county to determine a mutually acceptable schedule for
beginning and completing the relocation of lines or facilities.
The schedule must include specific dates for beginning and
completing the relocation project.
(f) The telephone or telegraph corporation may revise an
agreed date for beginning or completing the relocation of lines or
facilities if the commissioners court agrees to the revision.
(g) While relocating the telephone or telegraph
corporation's lines or facilities, the corporation shall use the
Texas State Plane Coordinate System to identify, with sub-meter
accuracy, the beginning point, end point, and major angle points of
each of the corporation's relocated lines or facilities. The
corporation shall make the coordinate system information available
to the county in a computer-aided design and drafting (CADD) format
or a format that is readily convertible to that format.
(h) If a telephone or telegraph corporation fails to comply
with this section, a requirement imposed by a commissioners court
under this section, or a relocation plan schedule, the county
attorney of that county may bring suit against the corporation for:
(1) an injunction compelling the corporation to comply
with this section, the imposed requirement, or the relocation plan
schedule;
(2) damages in an amount equal to any costs the county
incurs as a result of a delay caused by the corporation's failure to
comply with this section, the imposed requirement, or the
relocation plan schedule, including:
(A) the costs incurred by the county in
relocating a line or facility of the corporation with county
employees or with a contractor; or
(B) the costs incurred by the county in relation
to a contractor for the county's roadway project described by
Subsection (b), including the county's reimbursement of or payment
of costs incurred by the contractor, because of the corporation's
failure to comply; or
(3) both an injunction and damages.
(i) The county the commissioners court of which imposes a
requirement under this section is not liable to a telephone or
telegraph corporation for damages to property of the corporation
that result from a county project described by Subsection (b),
including damages:
(1) to any line or facility the corporation determined
was not necessary to relocate; or
(2) caused by the county in relocating the
corporation's line or facility to avoid a delay in a roadway project
described by Subsection (b) if the corporation failed to comply
with this section, the imposed requirement, or the relocation plan
schedule.
SECTION 6. Section 181.104, Utilities Code, is amended to
read as follows:
Sec. 181.104. DEPARTMENT OF TRANSPORTATION REQUIREMENT:
RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO TRAFFIC LANE. (a) The
authority of the Texas Department of Transportation under this
section is limited to equipment installed in connection with a
state highway. [The authority of the commissioners court under
this section is limited to equipment installed in connection with a
county road.]
(b) The Texas Department of Transportation [or the
commissioners court of a county] may require a person who has
installed equipment in the right-of-way of a state highway or
county road to relocate the person's equipment to allow the
widening or other changing of a traffic lane.
(c) To impose a requirement under this section, the Texas
Department of Transportation [or the commissioners court, as
appropriate,] must give to the person written notice of the
requirement not later than the 45th day before the date the
relocation is to be made. The notice must identify the equipment to
be relocated and indicate the location in the right-of-way where
the person may reinstall the equipment.
(d) The person shall pay the cost of repairing a state
highway or county road damaged by the relocation.
SECTION 7. Subchapter F, Chapter 181, Utilities Code, is
amended by adding Section 181.1041 to read as follows:
Sec. 181.1041. COUNTY REQUIREMENT: RELOCATION OF EQUIPMENT
TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county
commissioners court under this section is limited to equipment
installed in connection with a county road. A commissioners court
may act under this section through a designated representative.
(b) The commissioners court of a county may require a person
to relocate the person's equipment, at the person's own expense, to
allow:
(1) widening a right-of-way;
(2) changing a traffic lane;
(3) improving a roadbed or roadway;
(4) improving a drainage ditch located on a
right-of-way; or
(5) other construction of or improvements to a public
roadway, or construction or improvements in a public roadway
right-of-way, necessary for:
(A) safe and efficient transportation of people,
goods, or services; or
(B) compliance with storm water management
programs.
(c) To impose a requirement under this section, the
commissioners court must give to the person written notice of the
requirement. The notice must include depictions of:
(1) existing visible site conditions and equipment and
other utility facilities; and
(2) proposed site conditions and equipment and other
utility facilities in the right-of-way the county owns or is in the
process of acquiring.
(d) Before the 31st day after the date the commissioners
court gives notice to a person under Subsection (c), the person
shall evaluate the need for a relocation plan for the person's
equipment and:
(1) begin preparation of a relocation plan in
cooperation with the county and any other affected owner of other
utility equipment or facilities, if a relocation plan is necessary;
or
(2) notify the county that a relocation plan is not
necessary.
(e) The person shall complete the person's relocation plan,
if necessary, not later than the 150th day after the date the
commissioners court gives the notice under Subsection (c). On
completion of the plan, the person shall coordinate with the county
to determine a mutually acceptable schedule for beginning and
completing the relocation of equipment. The schedule must include
specific dates for beginning and completing the relocation project.
(f) The person may revise an agreed date for beginning or
completing the relocation of equipment if the commissioners court
agrees to the revision.
(g) While relocating the person's equipment, the person
shall use the Texas State Plane Coordinate System to identify, with
sub-meter accuracy, the beginning point, end point, and major angle
points of the person's relocated equipment. The person shall make
the coordinate system information available to the county in a
computer-aided design and drafting (CADD) format or a format that
is readily convertible to that format.
(h) If a person fails to comply with this section, a
requirement imposed by a commissioners court under this section, or
a relocation plan schedule, the county attorney of that county may
bring suit against the person for:
(1) an injunction compelling the person to comply with
this section, the imposed requirement, or the relocation plan
schedule;
(2) damages in an amount equal to any costs the county
incurs as a result of a delay caused by the person's failure to
comply with this section, the imposed requirement, or the
relocation plan schedule, including:
(A) the costs incurred by the county in
relocating the person's equipment with county employees or with a
contractor; or
(B) the costs incurred by the county in relation
to a contractor for the county's roadway project described by
Subsection (b), including the county's reimbursement of or payment
of costs incurred by the contractor, because of the person's
failure to comply; or
(3) both an injunction and damages.
(i) The county the commissioners court of which imposes a
requirement under this section is not liable to a person for damages
to equipment of the person that result from a county project
described by Subsection (b), including damages:
(1) to any equipment the person determined was not
necessary to relocate; or
(2) caused by the county in relocating the person's
equipment to avoid a delay in a roadway project described by
Subsection (b) if the person failed to comply with this section, the
imposed requirement, or the relocation plan schedule.
SECTION 8. Chapter 13, Water Code, is amended by adding
Subchapter O to read as follows:
SUBCHAPTER O. RELOCATION OF FACILITY FOR CERTAIN IMPROVEMENTS
Sec. 13.521. RELOCATION OF FACILITY TO ALLOW ROADWAY
IMPROVEMENTS. (a) The authority of a commissioners court under
this section is limited to a facility on a county road not in a
municipality.
(b) The commissioners court of a county may require a
utility or a water supply or sewer service corporation to relocate
the utility's or corporation's facility, at the utility's or
corporation's own expense, to allow:
(1) widening a right-of-way;
(2) changing a traffic lane;
(3) improving a roadbed or roadway;
(4) improving a drainage ditch located on a
right-of-way; or
(5) other construction of or improvements to a public
roadway, or construction or improvements in a public roadway
right-of-way, necessary for:
(A) safe and efficient transportation of people,
goods, or services; or
(B) compliance with storm water management
programs.
(c) To impose a requirement under this section, the
commissioners court must give to the utility or the water supply or
sewer service corporation written notice of the requirement. The
notice must include depictions of:
(1) existing visible site conditions, utility or
corporation facilities, and other utility facilities; and
(2) proposed site conditions, utility or corporation
facilities, and other utility facilities in the right-of-way the
county owns or is in the process of acquiring.
(d) Before the 31st day after the date the commissioners
court gives notice to a utility or water supply or sewer service
corporation under Subsection (c), the utility or corporation shall
evaluate the need for a relocation plan for its facilities and:
(1) begin preparation of a relocation plan in
cooperation with the county and any other affected owner of other
utility facilities, if a relocation plan is necessary; or
(2) notify the county that a relocation plan is not
necessary.
(e) A utility or a water supply or sewer service corporation
shall complete its relocation plan, if necessary, not later than
the 150th day after the date the commissioners court gives the
notice under Subsection (c). On completion of its plan, the utility
or corporation shall coordinate with the county to determine a
mutually acceptable schedule for beginning and completing the
relocation of facilities. The schedule must include specific dates
for beginning and completing the relocation project.
(f) The utility or the water supply or sewer service
corporation may revise an agreed date for beginning or completing
the relocation of facilities if the commissioners court agrees to
the revision.
(g) While relocating its facilities, the utility or the
water supply or sewer service corporation shall use the Texas State
Plane Coordinate System to identify, with sub-meter accuracy, the
beginning point, end point, and major angle points of each of the
relocated facilities. The utility or corporation shall make the
coordinate system information available to the county in a
computer-aided design and drafting (CADD) format or a format that
is readily convertible to that format.
(h) If a utility or a water supply or sewer service
corporation fails to comply with this section, a requirement
imposed by a commissioners court under this section, or a
relocation plan schedule, the county attorney of that county may
bring suit against the utility or corporation for:
(1) an injunction compelling the utility or
corporation to comply with this section, the imposed requirement,
or the relocation plan schedule;
(2) damages in an amount equal to any costs the county
incurs as a result of a delay caused by the utility's or
corporation's failure to comply with this section, the imposed
requirement, or the relocation plan schedule, including:
(A) the costs incurred by the county in
relocating a facility of the utility or corporation with county
employees or with a contractor; or
(B) the costs incurred by the county in relation
to a contractor for the county's roadway project described by
Subsection (b), including the county's reimbursement of or payment
of costs incurred by the contractor, because of the utility's or
corporation's failure to comply; or
(3) both an injunction and damages.
(i) The county the commissioners court of which imposes a
requirement under this section is not liable to a utility or water
supply or sewer service corporation for damages to a facility of the
utility or corporation that result from a county project described
by Subsection (b), including damages:
(1) to any facility the utility or corporation
determined was not necessary to relocate; or
(2) caused by the county in relocating the utility's or
corporation's facility to avoid a delay in a roadway project
described by Subsection (b) if the utility or corporation failed to
comply with this section, the imposed requirement, or the
relocation plan schedule.
SECTION 9. (a) The changes in law made by this Act apply
only to:
(1) a notice to relocate received on or after the
effective date of this Act; and
(2) relocation planning and activities undertaken on
or after the effective date of this Act.
(b) A notice to relocate received before the effective date
of this Act and relocation planning and activities undertaken
before the effective date of this Act are governed by the law in
effect on the date the notice is received or the planning or
activity is undertaken. The former law is continued in effect for
that purpose.
SECTION 10. This Act takes effect September 1, 2009.