| 1 | 1 | | 84R4453 DDT-F |
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| 2 | 2 | | By: Birdwell S.B. No. 861 |
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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 installation of certain telephone or telegraph |
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| 8 | 8 | | corporation facilities on or across public roads, streets, or |
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| 9 | 9 | | water. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 181.082, Utilities Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO |
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| 14 | 14 | | PUBLIC PROPERTY. Subject to Section 181.0821, a [A] telephone or |
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| 15 | 15 | | telegraph corporation may install a facility of the corporation |
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| 16 | 16 | | along, on, or across a public road, a public street, or public water |
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| 17 | 17 | | in a manner that does not inconvenience the public in the use of the |
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| 18 | 18 | | road, street, or water. |
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| 19 | 19 | | SECTION 2. Subchapter E, Chapter 181, Utilities Code, is |
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| 20 | 20 | | amended by adding Sections 181.0821 and 181.0822 to read as |
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| 21 | 21 | | follows: |
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| 22 | 22 | | Sec. 181.0821. NOTICE TO STATE OR COUNTY. (a) A person |
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| 23 | 23 | | proposing to install a facility under Section 181.082 in the |
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| 24 | 24 | | right-of-way of a state highway or a county road shall give notice |
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| 25 | 25 | | of the proposed installation to: |
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| 26 | 26 | | (1) the Texas Department of Transportation if the |
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| 27 | 27 | | proposed installation relates to a state highway; or |
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| 28 | 28 | | (2) the commissioners court of the county if the |
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| 29 | 29 | | proposed installation relates to a county road. |
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| 30 | 30 | | (b) On receipt of the notice, the Texas Department of |
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| 31 | 31 | | Transportation or commissioners court may designate the location in |
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| 32 | 32 | | the right-of-way where the person may install the facility. |
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| 33 | 33 | | Sec. 181.0822. RELOCATION OF FACILITY TO ALLOW ROAD OR |
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| 34 | 34 | | DITCH IMPROVEMENT. (a) The Texas Department of Transportation or |
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| 35 | 35 | | the commissioners court of a county may require a telephone or |
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| 36 | 36 | | telegraph corporation to relocate a facility of the corporation, at |
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| 37 | 37 | | the corporation's expense, to allow the: |
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| 38 | 38 | | (1) widening of a right-of-way; |
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| 39 | 39 | | (2) changing of a traffic lane; |
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| 40 | 40 | | (3) improving of a road bed; or |
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| 41 | 41 | | (4) improving of a drainage ditch located on a |
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| 42 | 42 | | right-of-way. |
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| 43 | 43 | | (b) To require relocation under Subsection (a), the Texas |
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| 44 | 44 | | Department of Transportation or the commissioners court, as |
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| 45 | 45 | | appropriate, must notify the telephone or telegraph corporation not |
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| 46 | 46 | | later than the 30th day before the date relocation is required. The |
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| 47 | 47 | | notice must identify the facility to be relocated and indicate the |
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| 48 | 48 | | location on the new right-of-way where the telephone or telegraph |
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| 49 | 49 | | corporation may place the facility. |
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| 50 | 50 | | (c) This section does not apply to a facility located in a |
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| 51 | 51 | | municipality. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2015. |
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