86R25760 GRM-D
By: Thompson of Brazoria H.B. No. 1263
A BILL TO BE ENTITLED
AN ACT
relating to an order by a drainage district to maintain certain
infrastructure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 56, Water Code, is amended
by adding Section 56.112 to read as follows:
Sec. 56.112. ORDER TO MAINTAIN CERTAIN INFRASTRUCTURE ON
PRIVATE PROPERTY. (a) This section does not apply to a property
owner that is a railroad that owns or leases:
(1) locomotives and freight rail cars; and
(2) rights-of-way used for the purposes of
transporting goods by rail between at least two terminuses.
(b) The district may order a property owner to clear or
otherwise maintain a canal, drain, ditch, or levee located on the
owner's private property.
(c) A property owner who receives an order under Subsection
(b) may comply with the order by:
(1) providing consent for the district to perform the
clearing or maintenance described in the order; or
(2) performing the clearing or maintenance described
in the order.
(d) If a property owner who receives an order under
Subsection (b) fails to comply with the order before the 180th day
after the date the order was issued, the district, if the property
owner does not deny access to the property, may enter the property
to perform the clearing or maintenance described in the order.
SECTION 2. This Act takes effect September 1, 2019.