| 1 | 1 | | 81R10487 JJT-F |
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| 2 | 2 | | By: Williams S.B. No. 2059 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of a public right-of-way by a telephone or |
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| 8 | 8 | | telegraph corporation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 181, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 181.090 to read as follows: |
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| 12 | 12 | | Sec. 181.090. RELOCATION OF LINES FOR ROAD IMPROVEMENTS. |
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| 13 | 13 | | (a) The Texas Transportation Commission or the commissioners court |
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| 14 | 14 | | of a county may require a telephone or telegraph corporation to |
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| 15 | 15 | | relocate, at the corporation's expense, a line of the corporation |
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| 16 | 16 | | to allow for: |
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| 17 | 17 | | (1) widening a right-of-way; |
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| 18 | 18 | | (2) changing a traffic lane; |
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| 19 | 19 | | (3) improving a road bed; or |
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| 20 | 20 | | (4) improving a drainage ditch located on a |
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| 21 | 21 | | right-of-way. |
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| 22 | 22 | | (b) The authority of the Texas Transportation Commission |
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| 23 | 23 | | under this section is limited to a line of a telephone or telegraph |
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| 24 | 24 | | corporation that is located on a state highway and not in the |
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| 25 | 25 | | corporate limits of a municipality. |
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| 26 | 26 | | (c) The authority of a commissioners court of a county under |
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| 27 | 27 | | this section is limited to a line of a telephone or telegraph |
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| 28 | 28 | | corporation that is located on a county road and not in the |
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| 29 | 29 | | corporate limits of a municipality. |
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| 30 | 30 | | SECTION 2. Section 181.090, Utilities Code, as added by |
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| 31 | 31 | | this Act, applies only to a project to widen a right-of-way, change |
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| 32 | 32 | | a traffic lane, improve a road bed, or improve a drainage ditch on a |
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| 33 | 33 | | right-of-way that is begun on or after the effective date of this |
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| 34 | 34 | | Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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