BILL ANALYSIS Senate Research Center H.B. 463 84R3639 AAF-D By: Springer (Kolkhorst) Transportation 5/7/2015 Engrossed BILL ANALYSIS Senate Research Center H.B. 463 84R3639 AAF-D By: Springer (Kolkhorst) Transportation 5/7/2015 Engrossed Senate Research Center H.B. 463 84R3639 AAF-D By: Springer (Kolkhorst) Transportation 5/7/2015 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Interested parties contend that the current procedure for an individual wishing to clear a state highway right-of-way of overgrown vegetation is cumbersome and time-consuming. The parties note that in order for an individual who does not own the property adjacent to the overgrown right-of-way to contribute to the safety of the community by clearing the right-of-way, the district engineer must give adjacent property owners certain preferences in clearing the right-of-way. H.B. 463 seeks to address this issue. H.B. 463 amends current law relating to the ability to mow, bale, shred, or hoe material on a state highway right-of-way. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Section 202.059(b) (requiring the district engineer, if the person requesting permission under Subsection (a) is not the owner of the real property adjacent to the right-of-way that is the subject of the request, to first provide the owner of the property the option of mowing, baling, shredding, or hoeing material on the right-of-way before granting permission to another person), Transportation Code. SECTION 2. Effective date: upon passage or September 1, 2015. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Interested parties contend that the current procedure for an individual wishing to clear a state highway right-of-way of overgrown vegetation is cumbersome and time-consuming. The parties note that in order for an individual who does not own the property adjacent to the overgrown right-of-way to contribute to the safety of the community by clearing the right-of-way, the district engineer must give adjacent property owners certain preferences in clearing the right-of-way. H.B. 463 seeks to address this issue. H.B. 463 amends current law relating to the ability to mow, bale, shred, or hoe material on a state highway right-of-way. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Section 202.059(b) (requiring the district engineer, if the person requesting permission under Subsection (a) is not the owner of the real property adjacent to the right-of-way that is the subject of the request, to first provide the owner of the property the option of mowing, baling, shredding, or hoeing material on the right-of-way before granting permission to another person), Transportation Code. SECTION 2. Effective date: upon passage or September 1, 2015.