Texas 2017 - 85th Regular

Texas House Bill HB4192 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12833 JXC-D
2	2	By: Pickett H.B. No. 4192
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the relocation of a utility facility located in a
8	8	highway right-of-way.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 203.0935, Transportation Code, is
11	11	amended by amending Subsection (e) and adding Subsection (e-1) to
12	12	read as follows:
13	13	(e) If the utility fails to enter into an agreement within
14	14	the 90-day period under Subsection (d), the department may:
15	15	(1) relocate the facility at the sole cost and expense
16	16	of the utility less any reimbursement of costs that would have been
17	17	payable to the utility under Section 203.092; or
18	18	(2) contract with a third party to relocate the
19	19	facility at the sole cost and expense of the utility.
20	20	(e-1) A relocation [by the department] under Subsection (e)
21	21	[this subsection] shall be conducted in full compliance with
22	22	applicable law, using standard equipment and construction
23	23	practices compatible with the utility's existing facilities, and in
24	24	a manner that minimizes disruption of utility service.
25	25	SECTION 2. Section 203.094, Transportation Code, is amended
26	26	by adding Subsection (d) to read as follows:
27	27	(d) The department may deny a permit application made by a
28	28	utility or revoke a permit granted by the department to a utility
29	29	for any of the utility's facilities if the department determines
30	30	that the utility is delaying, without good cause:
31	31	(1) entering into a timely agreement with the
32	32	department for the relocation of a facility; or
33	33	(2) making a timely relocation of a facility.
34	34	SECTION 3. Subchapter Z, Chapter 181, Utilities Code, is
35	35	amended by adding Section 181.903 to read as follows:
36	36	Sec. 181.903. REMEDIES OF LOCAL AUTHORITY FOR DELAYED
37	37	RELOCATION. (a) In this section, "utility" includes a publicly,
38	38	privately, or cooperatively owned utility that provides telephone,
39	39	telegraph, communications, electric, gas, heating, water,
40	40	railroad, storm sewer, sanitary sewer, or pipeline service.
41	41	(b) The governing body of a municipality or the
42	42	commissioners court of a county authorized by this chapter or other
43	43	law to require the owner or operator of a utility to relocate the
44	44	utility's facility for the purposes of a transportation project
45	45	that is located in a public right-of-way in which the municipality
46	46	or county has an interest may, if the governing body or
47	47	commissioners court determines that the utility is delaying making
48	48	a timely relocation of the facility without good cause:
49	49	(1) contract with a third party to relocate the
50	50	facility at the sole cost and expense of the utility; and
51	51	(2) deny a permit application made by a utility or
52	52	revoke a permit granted by the municipality or county to the utility
53	53	for any of the utility's facilities.
54	54	SECTION 4. Section 203.094(d), Transportation Code, and
55	55	Section 181.903, Utilities Code, as added by this Act, apply only to
56	56	a delay associated with the relocation of a facility for which the
57	57	utility first receives notice of the required relocation on or
58	58	after the effective date of this Act.
59	59	SECTION 5. This Act takes effect September 1, 2017.