Texas 2009 - 81st Regular

Texas House Bill HB3787 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R802 JJT-D
2	2	By: Rodriguez H.B. No. 3787
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the relocation of utilities on certain highways and
8	8	county roads.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 181.025, Utilities Code, is amended to
11	11	read as follows:
12	12	Sec. 181.025. TRANSPORTATION COMMISSION REQUIREMENT:
13	13	RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO TRAFFIC LANE. (a)
14	14	The authority of the Texas Transportation Commission under this
15	15	section is limited to a gas facility on a state highway not in a
16	16	municipality. [The authority of the commissioners court under this
17	17	section is limited to a gas facility on a county road not in a
18	18	municipality.]
19	19	(b) The Texas Transportation Commission [or the
20	20	commissioners court of a county] may require a gas utility to
21	21	relocate the utility's gas facility, at the utility's own expense,
22	22	to allow the widening or other changing of a traffic lane.
23	23	(c) To impose a requirement under this section, the Texas
24	24	Transportation Commission [or the commissioners court, as
25	25	appropriate,] must give to the gas utility 30 days' written notice
26	26	of the requirement. The notice must identify the gas facility to be
27	27	relocated and indicate the location on the new right-of-way where
28	28	the gas utility may place the facility.
29	29	(d) The gas utility shall replace the grade and surface of
30	30	the highway or road at the utility's own expense.
31	31	SECTION 2. Subchapter B, Chapter 181, Utilities Code, is
32	32	amended by adding Section 181.0251 to read as follows:
33	33	Sec. 181.0251. COUNTY REQUIREMENT: RELOCATION OF GAS
34	34	FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a
35	35	county commissioners court under this section is limited to a gas
36	36	facility on a county road not in a municipality. A commissioners
37	37	court may act under this section through a designated
38	38	representative.
39	39	(b) The commissioners court of a county may require a gas
40	40	utility to relocate the utility's gas facility, at the utility's own
41	41	expense, to allow:
42	42	(1) widening a right-of-way;
43	43	(2) changing a traffic lane;
44	44	(3) improving a roadbed or roadway;
45	45	(4) improving a drainage ditch located on a
46	46	right-of-way; or
47	47	(5) other construction of or improvements to a public
48	48	roadway, or construction or improvements in a public roadway
49	49	right-of-way, necessary for:
50	50	(A) safe and efficient transportation of people,
51	51	goods, or services; or
52	52	(B) compliance with storm water management
53	53	programs.
54	54	(c) To impose a requirement under this section, the
55	55	commissioners court must give to the gas utility written notice of
56	56	the requirement. The notice must include depictions of:
57	57	(1) existing visible site conditions and gas and other
58	58	utility facilities; and
59	59	(2) proposed site conditions and gas and other utility
60	60	facilities in the right-of-way the county owns or is in the process
61	61	of acquiring.
62	62	(d) Before the 31st day after the date the commissioners
63	63	court gives notice to a gas utility under Subsection (c), the gas
64	64	utility shall evaluate the need for a relocation plan for its gas
65	65	facilities and:
66	66	(1) begin preparation of a relocation plan in
67	67	cooperation with the county and any other affected owner of other
68	68	utility facilities, if a relocation plan is necessary; or
69	69	(2) notify the county that a relocation plan is not
70	70	necessary.
71	71	(e) A gas utility shall complete its relocation plan, if
72	72	necessary, not later than the 150th day after the date the
73	73	commissioners court gives the notice under Subsection (c). On
74	74	completion of its plan, the gas utility shall coordinate with the
75	75	county to determine a mutually acceptable schedule for beginning
76	76	and completing the relocation of gas facilities. The schedule must
77	77	include specific dates for beginning and completing the relocation
78	78	project.
79	79	(f) The gas utility may revise an agreed date for beginning
80	80	or completing the relocation of gas facilities if the commissioners
81	81	court agrees to the revision.
82	82	(g) While relocating the gas facilities, the gas utility
83	83	shall use the Texas State Plane Coordinate System to identify, with
84	84	sub-meter accuracy, the beginning point, end point, and major angle
85	85	points of each of the gas utility's relocated gas facilities. The
86	86	gas utility shall make the coordinate system information available
87	87	to the county in a computer-aided design and drafting (CADD) format
88	88	or a format that is readily convertible to that format.
89	89	(h) If a gas utility fails to comply with this section, a
90	90	requirement imposed by a commissioners court under this section, or
91	91	a relocation plan schedule, the county attorney of that county may
92	92	bring suit against the gas utility for:
93	93	(1) an injunction compelling the utility to comply
94	94	with this section, the imposed requirement, or the relocation plan
95	95	schedule;
96	96	(2) damages in an amount equal to any costs the county
97	97	incurs as a result of a delay caused by the gas utility's failure to
98	98	comply with this section, the imposed requirement, or the
99	99	relocation plan schedule, including:
100	100	(A) the costs incurred by the county in
101	101	relocating a gas utility facility with county employees or with a
102	102	contractor; or
103	103	(B) the costs incurred by the county in relation
104	104	to a contractor for the county's roadway project described by
105	105	Subsection (b), including the county's reimbursement of or payment
106	106	of costs incurred by the contractor, because of the gas utility's
107	107	failure to comply; or
108	108	(3) both an injunction and damages.
109	109	(i) The county the commissioners court of which imposes a
110	110	requirement under this section is not liable to a gas utility for
111	111	damages to property of the gas utility that result from a county
112	112	project described by Subsection (b), including damages:
113	113	(1) to any gas utility facility the gas utility
114	114	determined was not necessary to relocate; or
115	115	(2) caused by the county in relocating the gas
116	116	utility's facility to avoid a delay in a roadway project described
117	117	by Subsection (b) if the gas utility failed to comply with this
118	118	section, the imposed requirement, or the relocation plan schedule.
119	119	SECTION 3. Section 181.046, Utilities Code, is amended to
120	120	read as follows:
121	121	Sec. 181.046. TRANSPORTATION COMMISSION REQUIREMENT:
122	122	RELOCATION OF LINE TO ALLOW ROAD OR DITCH IMPROVEMENT. (a) The
123	123	authority of the Texas Transportation Commission under this section
124	124	is limited to a line on a state highway not in a municipality. [The
125	125	authority of the commissioners court under this section is limited
126	126	to a line on a county road not in a municipality.]
127	127	(b) The Texas Transportation Commission [or the
128	128	commissioners court of a county] may require an electric utility to
129	129	relocate a line of the utility, at the utility's own expense, to
130	130	allow the:
131	131	(1) widening of a right-of-way;
132	132	(2) changing of a traffic lane;
133	133	(3) improving of a roadbed [road bed]; or
134	134	(4) improving of a drainage ditch located on a
135	135	right-of-way.
136	136	(c) To impose a requirement under this section, the Texas
137	137	Transportation Commission [or the commissioners court, as
138	138	appropriate,] must give to the electric utility 30 days' written
139	139	notice of the requirement. The notice must identify the line to be
140	140	relocated and indicate the location on the new right-of-way where
141	141	the electric utility may place the line.
142	142	SECTION 4. Subchapter C, Chapter 181, Utilities Code, is
143	143	amended by adding Section 181.0461 to read as follows:
144	144	Sec. 181.0461. COUNTY REQUIREMENT: RELOCATION OF LINE TO
145	145	ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county
146	146	commissioners court under this section is limited to a line on a
147	147	county road not in a municipality. A commissioners court may act
148	148	under this section through a designated representative.
149	149	(b) The commissioners court of a county may require an
150	150	electric utility to relocate a line of the electric utility, at the
151	151	utility's own expense, to allow:
152	152	(1) widening a right-of-way;
153	153	(2) changing a traffic lane;
154	154	(3) improving a roadbed or roadway;
155	155	(4) improving a drainage ditch located on a
156	156	right-of-way; or
157	157	(5) other construction of or improvements to a public
158	158	roadway, or construction or improvements in a public roadway
159	159	right-of-way, necessary for:
160	160	(A) safe and efficient transportation of people,
161	161	goods, or services; or
162	162	(B) compliance with storm water management
163	163	programs.
164	164	(c) To impose a requirement under this section, the
165	165	commissioners court must give to the electric utility written
166	166	notice of the requirement. The notice must include depictions of:
167	167	(1) existing visible site conditions and lines and
168	168	other utility facilities; and
169	169	(2) proposed site conditions and lines and other
170	170	utility facilities in the right-of-way the county owns or is in the
171	171	process of acquiring.
172	172	(d) Before the 31st day after the date the commissioners
173	173	court gives notice to an electric utility under Subsection (c), the
174	174	electric utility shall evaluate the need for a relocation plan for
175	175	its line and:
176	176	(1) begin preparation of a relocation plan in
177	177	cooperation with the county and any other affected owner of other
178	178	utility facilities, if a relocation plan is necessary; or
179	179	(2) notify the county that a relocation plan is not
180	180	necessary.
181	181	(e) An electric utility shall complete its relocation plan,
182	182	if necessary, not later than the 150th day after the date the
183	183	commissioners court gives the notice under Subsection (c). On
184	184	completion of its plan, the electric utility shall coordinate with
185	185	the county to determine a mutually acceptable schedule for
186	186	beginning and completing the relocation of the line. The schedule
187	187	must include specific dates for beginning and completing the
188	188	relocation project.
189	189	(f) The electric utility may revise an agreed date for
190	190	beginning or completing the relocation of the line if the
191	191	commissioners court agrees to the revision.
192	192	(g) While relocating the electric utility's line, the
193	193	electric utility shall use the Texas State Plane Coordinate System
194	194	to identify, with sub-meter accuracy, the beginning point, end
195	195	point, and major angle points of each of the electric utility's
196	196	relocated lines. The electric utility shall make the coordinate
197	197	system information available to the county in a computer-aided
198	198	design and drafting (CADD) format or a format that is readily
199	199	convertible to that format.
200	200	(h) If an electric utility fails to comply with this
201	201	section, a requirement imposed by a commissioners court under this
202	202	section, or a relocation plan schedule, the county attorney of that
203	203	county may bring suit against the electric utility for:
204	204	(1) an injunction compelling the utility to comply
205	205	with this section, the imposed requirement, or the relocation plan
206	206	schedule;
207	207	(2) damages in an amount equal to any costs the county
208	208	incurs as a result of a delay caused by the electric utility's
209	209	failure to comply with this section, the imposed requirement, or
210	210	the relocation plan schedule, including:
211	211	(A) the costs incurred by the county in
212	212	relocating a line with county employees or with a contractor; or
213	213	(B) the costs incurred by the county in relation
214	214	to a contractor for the county's roadway project described by
215	215	Subsection (b), including the county's reimbursement of or payment
216	216	of costs incurred by the contractor, because of the electric
217	217	utility's failure to comply; or
218	218	(3) both an injunction and damages.
219	219	(i) The county the commissioners court of which imposes a
220	220	requirement under this section is not liable to an electric utility
221	221	for damages to property of the electric utility that result from a
222	222	county project described by Subsection (b), including damages:
223	223	(1) to a line the electric utility determined was not
224	224	necessary to relocate; or
225	225	(2) caused by the county in relocating the electric
226	226	utility's line to avoid a delay in a roadway project described by
227	227	Subsection (b) if the utility failed to comply with this section,
228	228	the imposed requirement, or the relocation plan schedule.
229	229	SECTION 5. Subchapter E, Chapter 181, Utilities Code, is
230	230	amended by adding Section 181.090 to read as follows:
231	231	Sec. 181.090. COUNTY REQUIREMENT: RELOCATION OF LINE OR
232	232	FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a
233	233	county commissioners court under this section is limited to a line
234	234	or other facility on a county road not in a municipality. A
235	235	commissioners court may act under this section through a designated
236	236	representative.
237	237	(b) The commissioners court of a county may require a
238	238	telephone or telegraph corporation to relocate the corporation's
239	239	line or facility, at the corporation's own expense, to allow:
240	240	(1) widening a right-of-way;
241	241	(2) changing a traffic lane;
242	242	(3) improving a roadbed or roadway;
243	243	(4) improving a drainage ditch located on a
244	244	right-of-way; or
245	245	(5) other construction of or improvements to a public
246	246	roadway, or construction or improvements in a public roadway
247	247	right-of-way, necessary for:
248	248	(A) safe and efficient transportation of people,
249	249	goods, or services; or
250	250	(B) compliance with storm water management
251	251	programs.
252	252	(c) To impose a requirement under this section, the
253	253	commissioners court must give to the telephone or telegraph
254	254	corporation written notice of the requirement. The notice must
255	255	include depictions of:
256	256	(1) existing visible site conditions, corporation
257	257	lines and facilities, and other utility facilities; and
258	258	(2) proposed site conditions, corporation lines and
259	259	facilities, and other utility facilities in the right-of-way the
260	260	county owns or is in the process of acquiring.
261	261	(d) Before the 31st day after the date the commissioners
262	262	court gives notice to a telephone or telegraph corporation under
263	263	Subsection (c), the corporation shall evaluate the need for a
264	264	relocation plan for its lines or facilities and:
265	265	(1) begin preparation of a relocation plan in
266	266	cooperation with the county and any other affected owner of other
267	267	utility facilities, if a relocation plan is necessary; or
268	268	(2) notify the county that a relocation plan is not
269	269	necessary.
270	270	(e) A telephone or telegraph corporation shall complete its
271	271	relocation plan, if necessary, not later than the 150th day after
272	272	the date the commissioners court gives the notice under Subsection
273	273	(c). On completion of its plan, the corporation shall coordinate
274	274	with the county to determine a mutually acceptable schedule for
275	275	beginning and completing the relocation of lines or facilities.
276	276	The schedule must include specific dates for beginning and
277	277	completing the relocation project.
278	278	(f) The telephone or telegraph corporation may revise an
279	279	agreed date for beginning or completing the relocation of lines or
280	280	facilities if the commissioners court agrees to the revision.
281	281	(g) While relocating the telephone or telegraph
282	282	corporation's lines or facilities, the corporation shall use the
283	283	Texas State Plane Coordinate System to identify, with sub-meter
284	284	accuracy, the beginning point, end point, and major angle points of
285	285	each of the corporation's relocated lines or facilities. The
286	286	corporation shall make the coordinate system information available
287	287	to the county in a computer-aided design and drafting (CADD) format
288	288	or a format that is readily convertible to that format.
289	289	(h) If a telephone or telegraph corporation fails to comply
290	290	with this section, a requirement imposed by a commissioners court
291	291	under this section, or a relocation plan schedule, the county
292	292	attorney of that county may bring suit against the corporation for:
293	293	(1) an injunction compelling the corporation to comply
294	294	with this section, the imposed requirement, or the relocation plan
295	295	schedule;
296	296	(2) damages in an amount equal to any costs the county
297	297	incurs as a result of a delay caused by the corporation's failure to
298	298	comply with this section, the imposed requirement, or the
299	299	relocation plan schedule, including:
300	300	(A) the costs incurred by the county in
301	301	relocating a line or facility of the corporation with county
302	302	employees or with a contractor; or
303	303	(B) the costs incurred by the county in relation
304	304	to a contractor for the county's roadway project described by
305	305	Subsection (b), including the county's reimbursement of or payment
306	306	of costs incurred by the contractor, because of the corporation's
307	307	failure to comply; or
308	308	(3) both an injunction and damages.
309	309	(i) The county the commissioners court of which imposes a
310	310	requirement under this section is not liable to a telephone or
311	311	telegraph corporation for damages to property of the corporation
312	312	that result from a county project described by Subsection (b),
313	313	including damages:
314	314	(1) to any line or facility the corporation determined
315	315	was not necessary to relocate; or
316	316	(2) caused by the county in relocating the
317	317	corporation's line or facility to avoid a delay in a roadway project
318	318	described by Subsection (b) if the corporation failed to comply
319	319	with this section, the imposed requirement, or the relocation plan
320	320	schedule.
321	321	SECTION 6. Section 181.104, Utilities Code, is amended to
322	322	read as follows:
323	323	Sec. 181.104. DEPARTMENT OF TRANSPORTATION REQUIREMENT:
324	324	RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO TRAFFIC LANE. (a) The
325	325	authority of the Texas Department of Transportation under this
326	326	section is limited to equipment installed in connection with a
327	327	state highway. [The authority of the commissioners court under
328	328	this section is limited to equipment installed in connection with a
329	329	county road.]
330	330	(b) The Texas Department of Transportation [or the
331	331	commissioners court of a county] may require a person who has
332	332	installed equipment in the right-of-way of a state highway or
333	333	county road to relocate the person's equipment to allow the
334	334	widening or other changing of a traffic lane.
335	335	(c) To impose a requirement under this section, the Texas
336	336	Department of Transportation [or the commissioners court, as
337	337	appropriate,] must give to the person written notice of the
338	338	requirement not later than the 45th day before the date the
339	339	relocation is to be made. The notice must identify the equipment to
340	340	be relocated and indicate the location in the right-of-way where
341	341	the person may reinstall the equipment.
342	342	(d) The person shall pay the cost of repairing a state
343	343	highway or county road damaged by the relocation.
344	344	SECTION 7. Subchapter F, Chapter 181, Utilities Code, is
345	345	amended by adding Section 181.1041 to read as follows:
346	346	Sec. 181.1041. COUNTY REQUIREMENT: RELOCATION OF EQUIPMENT
347	347	TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county
348	348	commissioners court under this section is limited to equipment
349	349	installed in connection with a county road. A commissioners court
350	350	may act under this section through a designated representative.
351	351	(b) The commissioners court of a county may require a person
352	352	to relocate the person's equipment, at the person's own expense, to
353	353	allow:
354	354	(1) widening a right-of-way;
355	355	(2) changing a traffic lane;
356	356	(3) improving a roadbed or roadway;
357	357	(4) improving a drainage ditch located on a
358	358	right-of-way; or
359	359	(5) other construction of or improvements to a public
360	360	roadway, or construction or improvements in a public roadway
361	361	right-of-way, necessary for:
362	362	(A) safe and efficient transportation of people,
363	363	goods, or services; or
364	364	(B) compliance with storm water management
365	365	programs.
366	366	(c) To impose a requirement under this section, the
367	367	commissioners court must give to the person written notice of the
368	368	requirement. The notice must include depictions of:
369	369	(1) existing visible site conditions and equipment and
370	370	other utility facilities; and
371	371	(2) proposed site conditions and equipment and other
372	372	utility facilities in the right-of-way the county owns or is in the
373	373	process of acquiring.
374	374	(d) Before the 31st day after the date the commissioners
375	375	court gives notice to a person under Subsection (c), the person
376	376	shall evaluate the need for a relocation plan for the person's
377	377	equipment and:
378	378	(1) begin preparation of a relocation plan in
379	379	cooperation with the county and any other affected owner of other
380	380	utility equipment or facilities, if a relocation plan is necessary;
381	381	or
382	382	(2) notify the county that a relocation plan is not
383	383	necessary.
384	384	(e) The person shall complete the person's relocation plan,
385	385	if necessary, not later than the 150th day after the date the
386	386	commissioners court gives the notice under Subsection (c). On
387	387	completion of the plan, the person shall coordinate with the county
388	388	to determine a mutually acceptable schedule for beginning and
389	389	completing the relocation of equipment. The schedule must include
390	390	specific dates for beginning and completing the relocation project.
391	391	(f) The person may revise an agreed date for beginning or
392	392	completing the relocation of equipment if the commissioners court
393	393	agrees to the revision.
394	394	(g) While relocating the person's equipment, the person
395	395	shall use the Texas State Plane Coordinate System to identify, with
396	396	sub-meter accuracy, the beginning point, end point, and major angle
397	397	points of the person's relocated equipment. The person shall make
398	398	the coordinate system information available to the county in a
399	399	computer-aided design and drafting (CADD) format or a format that
400	400	is readily convertible to that format.
401	401	(h) If a person fails to comply with this section, a
402	402	requirement imposed by a commissioners court under this section, or
403	403	a relocation plan schedule, the county attorney of that county may
404	404	bring suit against the person for:
405	405	(1) an injunction compelling the person to comply with
406	406	this section, the imposed requirement, or the relocation plan
407	407	schedule;
408	408	(2) damages in an amount equal to any costs the county
409	409	incurs as a result of a delay caused by the person's failure to
410	410	comply with this section, the imposed requirement, or the
411	411	relocation plan schedule, including:
412	412	(A) the costs incurred by the county in
413	413	relocating the person's equipment with county employees or with a
414	414	contractor; or
415	415	(B) the costs incurred by the county in relation
416	416	to a contractor for the county's roadway project described by
417	417	Subsection (b), including the county's reimbursement of or payment
418	418	of costs incurred by the contractor, because of the person's
419	419	failure to comply; or
420	420	(3) both an injunction and damages.
421	421	(i) The county the commissioners court of which imposes a
422	422	requirement under this section is not liable to a person for damages
423	423	to equipment of the person that result from a county project
424	424	described by Subsection (b), including damages:
425	425	(1) to any equipment the person determined was not
426	426	necessary to relocate; or
427	427	(2) caused by the county in relocating the person's
428	428	equipment to avoid a delay in a roadway project described by
429	429	Subsection (b) if the person failed to comply with this section, the
430	430	imposed requirement, or the relocation plan schedule.
431	431	SECTION 8. Chapter 13, Water Code, is amended by adding
432	432	Subchapter O to read as follows:
433	433	SUBCHAPTER O. RELOCATION OF FACILITY FOR CERTAIN IMPROVEMENTS
434	434	Sec. 13.521. RELOCATION OF FACILITY TO ALLOW ROADWAY
435	435	IMPROVEMENTS. (a) The authority of a commissioners court under
436	436	this section is limited to a facility on a county road not in a
437	437	municipality.
438	438	(b) The commissioners court of a county may require a
439	439	utility or a water supply or sewer service corporation to relocate
440	440	the utility's or corporation's facility, at the utility's or
441	441	corporation's own expense, to allow:
442	442	(1) widening a right-of-way;
443	443	(2) changing a traffic lane;
444	444	(3) improving a roadbed or roadway;
445	445	(4) improving a drainage ditch located on a
446	446	right-of-way; or
447	447	(5) other construction of or improvements to a public
448	448	roadway, or construction or improvements in a public roadway
449	449	right-of-way, necessary for:
450	450	(A) safe and efficient transportation of people,
451	451	goods, or services; or
452	452	(B) compliance with storm water management
453	453	programs.
454	454	(c) To impose a requirement under this section, the
455	455	commissioners court must give to the utility or the water supply or
456	456	sewer service corporation written notice of the requirement. The
457	457	notice must include depictions of:
458	458	(1) existing visible site conditions, utility or
459	459	corporation facilities, and other utility facilities; and
460	460	(2) proposed site conditions, utility or corporation
461	461	facilities, and other utility facilities in the right-of-way the
462	462	county owns or is in the process of acquiring.
463	463	(d) Before the 31st day after the date the commissioners
464	464	court gives notice to a utility or water supply or sewer service
465	465	corporation under Subsection (c), the utility or corporation shall
466	466	evaluate the need for a relocation plan for its facilities and:
467	467	(1) begin preparation of a relocation plan in
468	468	cooperation with the county and any other affected owner of other
469	469	utility facilities, if a relocation plan is necessary; or
470	470	(2) notify the county that a relocation plan is not
471	471	necessary.
472	472	(e) A utility or a water supply or sewer service corporation
473	473	shall complete its relocation plan, if necessary, not later than
474	474	the 150th day after the date the commissioners court gives the
475	475	notice under Subsection (c). On completion of its plan, the utility
476	476	or corporation shall coordinate with the county to determine a
477	477	mutually acceptable schedule for beginning and completing the
478	478	relocation of facilities. The schedule must include specific dates
479	479	for beginning and completing the relocation project.
480	480	(f) The utility or the water supply or sewer service
481	481	corporation may revise an agreed date for beginning or completing
482	482	the relocation of facilities if the commissioners court agrees to
483	483	the revision.
484	484	(g) While relocating its facilities, the utility or the
485	485	water supply or sewer service corporation shall use the Texas State
486	486	Plane Coordinate System to identify, with sub-meter accuracy, the
487	487	beginning point, end point, and major angle points of each of the
488	488	relocated facilities. The utility or corporation shall make the
489	489	coordinate system information available to the county in a
490	490	computer-aided design and drafting (CADD) format or a format that
491	491	is readily convertible to that format.
492	492	(h) If a utility or a water supply or sewer service
493	493	corporation fails to comply with this section, a requirement
494	494	imposed by a commissioners court under this section, or a
495	495	relocation plan schedule, the county attorney of that county may
496	496	bring suit against the utility or corporation for:
497	497	(1) an injunction compelling the utility or
498	498	corporation to comply with this section, the imposed requirement,
499	499	or the relocation plan schedule;
500	500	(2) damages in an amount equal to any costs the county
501	501	incurs as a result of a delay caused by the utility's or
502	502	corporation's failure to comply with this section, the imposed
503	503	requirement, or the relocation plan schedule, including:
504	504	(A) the costs incurred by the county in
505	505	relocating a facility of the utility or corporation with county
506	506	employees or with a contractor; or
507	507	(B) the costs incurred by the county in relation
508	508	to a contractor for the county's roadway project described by
509	509	Subsection (b), including the county's reimbursement of or payment
510	510	of costs incurred by the contractor, because of the utility's or
511	511	corporation's failure to comply; or
512	512	(3) both an injunction and damages.
513	513	(i) The county the commissioners court of which imposes a
514	514	requirement under this section is not liable to a utility or water
515	515	supply or sewer service corporation for damages to a facility of the
516	516	utility or corporation that result from a county project described
517	517	by Subsection (b), including damages:
518	518	(1) to any facility the utility or corporation
519	519	determined was not necessary to relocate; or
520	520	(2) caused by the county in relocating the utility's or
521	521	corporation's facility to avoid a delay in a roadway project
522	522	described by Subsection (b) if the utility or corporation failed to
523	523	comply with this section, the imposed requirement, or the
524	524	relocation plan schedule.
525	525	SECTION 9. (a) The changes in law made by this Act apply
526	526	only to:
527	527	(1) a notice to relocate received on or after the
528	528	effective date of this Act; and
529	529	(2) relocation planning and activities undertaken on
530	530	or after the effective date of this Act.
531	531	(b) A notice to relocate received before the effective date
532	532	of this Act and relocation planning and activities undertaken
533	533	before the effective date of this Act are governed by the law in
534	534	effect on the date the notice is received or the planning or
535	535	activity is undertaken. The former law is continued in effect for
536	536	that purpose.
537	537	SECTION 10. This Act takes effect September 1, 2009.