By: Harper-Brown, et al. H.B. No. 2585
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement of utilities for relocation of
utility facilities following improvement or construction of
certain tolled highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 203.092, Transportation Code, is amended
by amending Subsections (a-1), (a-2), and (a-3) and adding
Subsection (a-4) to read as follows:
(a-1) Notwithstanding Subsection (a)(3), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2017 [2013], and
required by the improvement of a nontolled highway to add one or
more tolled lanes. This subsection expires September 1, 2017
[2013].
(a-2) Notwithstanding Subsection (a)(3), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2017 [2013], and
required by the improvement of a nontolled highway that has been
converted to a turnpike project or toll project. This subsection
expires September 1, 2017 [2013].
(a-3) Notwithstanding Subsection (a)(3), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2017 [2013], and
required by the construction on a new location of a turnpike project
or toll project or the expansion of such a turnpike project or toll
project. This subsection expires September 1, 2017 [2013].
(a-4) If a utility under Subsection (a-1), (a-2), or (a-3)
is privately owned, the utility and the department must enter into
an agreement requiring the relocation of a utility facility to be
completed within a reasonable time period. If the utility does not
complete the relocation of a utility facility by the date specified
in the agreement, the department is not required to continue to
share the cost of the relocation of a utility facility under
Subsection (a-1), (a-2), or (a-3) after the date specified by the
agreement. This subsection expires September 1, 2017.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.