81R10487 JJT-F By: Williams S.B. No. 2059 A BILL TO BE ENTITLED AN ACT relating to the use of a public right-of-way by a telephone or telegraph corporation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 181, Utilities Code, is amended by adding Section 181.090 to read as follows: Sec. 181.090. RELOCATION OF LINES FOR ROAD IMPROVEMENTS. (a) The Texas Transportation Commission or the commissioners court of a county may require a telephone or telegraph corporation to relocate, at the corporation's expense, a line of the corporation to allow for: (1) widening a right-of-way; (2) changing a traffic lane; (3) improving a road bed; or (4) improving a drainage ditch located on a right-of-way. (b) The authority of the Texas Transportation Commission under this section is limited to a line of a telephone or telegraph corporation that is located on a state highway and not in the corporate limits of a municipality. (c) The authority of a commissioners court of a county under this section is limited to a line of a telephone or telegraph corporation that is located on a county road and not in the corporate limits of a municipality. SECTION 2. Section 181.090, Utilities Code, as added by this Act, applies only to a project to widen a right-of-way, change a traffic lane, improve a road bed, or improve a drainage ditch on a right-of-way that is begun on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2009.