85R12833 JXC-D
By: Pickett H.B. No. 4192
A BILL TO BE ENTITLED
AN ACT
relating to the relocation of a utility facility located in a
highway right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 203.0935, Transportation Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
read as follows:
(e) If the utility fails to enter into an agreement within
the 90-day period under Subsection (d), the department may:
(1) relocate the facility at the sole cost and expense
of the utility less any reimbursement of costs that would have been
payable to the utility under Section 203.092; or
(2) contract with a third party to relocate the
facility at the sole cost and expense of the utility.
(e-1) A relocation [by the department] under Subsection (e)
[this subsection] shall be conducted in full compliance with
applicable law, using standard equipment and construction
practices compatible with the utility's existing facilities, and in
a manner that minimizes disruption of utility service.
SECTION 2. Section 203.094, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) The department may deny a permit application made by a
utility or revoke a permit granted by the department to a utility
for any of the utility's facilities if the department determines
that the utility is delaying, without good cause:
(1) entering into a timely agreement with the
department for the relocation of a facility; or
(2) making a timely relocation of a facility.
SECTION 3. Subchapter Z, Chapter 181, Utilities Code, is
amended by adding Section 181.903 to read as follows:
Sec. 181.903. REMEDIES OF LOCAL AUTHORITY FOR DELAYED
RELOCATION. (a) In this section, "utility" includes a publicly,
privately, or cooperatively owned utility that provides telephone,
telegraph, communications, electric, gas, heating, water,
railroad, storm sewer, sanitary sewer, or pipeline service.
(b) The governing body of a municipality or the
commissioners court of a county authorized by this chapter or other
law to require the owner or operator of a utility to relocate the
utility's facility for the purposes of a transportation project
that is located in a public right-of-way in which the municipality
or county has an interest may, if the governing body or
commissioners court determines that the utility is delaying making
a timely relocation of the facility without good cause:
(1) contract with a third party to relocate the
facility at the sole cost and expense of the utility; and
(2) deny a permit application made by a utility or
revoke a permit granted by the municipality or county to the utility
for any of the utility's facilities.
SECTION 4. Section 203.094(d), Transportation Code, and
Section 181.903, Utilities Code, as added by this Act, apply only to
a delay associated with the relocation of a facility for which the
utility first receives notice of the required relocation on or
after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2017.