| 1 | | - | H.B. No. 1263 |
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| 1 | + | By: Thompson of Brazoria (Senate Sponsor - Taylor) H.B. No. 1263 |
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| 2 | + | (In the Senate - Received from the House May 6, 2019; |
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| 3 | + | May 7, 2019, read first time and referred to Committee on Water & |
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| 4 | + | Rural Affairs; May 19, 2019, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 7, Nays 0; |
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| 6 | + | May 19, 2019, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR H.B. No. 1263 By: Creighton |
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| 4 | 12 | | AN ACT |
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| 5 | 13 | | relating to an order by the Brazoria Drainage District Number 4 to |
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| 6 | 14 | | maintain certain infrastructure. |
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| 7 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 16 | | SECTION 1. Chapter 991, Acts of the 74th Legislature, |
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| 9 | 17 | | Regular Session, 1995, is amended by adding Section 5A to read as |
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| 10 | 18 | | follows: |
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| 11 | 19 | | SECTION 5A. ORDER TO MAINTAIN CERTAIN INFRASTRUCTURE ON |
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| 12 | 20 | | PRIVATE PROPERTY. (a) This section does not apply to a property |
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| 13 | 21 | | owner that is a railroad that owns or leases: |
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| 14 | 22 | | (1) locomotives and freight rail cars; and |
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| 15 | 23 | | (2) rights-of-way used for the purposes of |
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| 16 | 24 | | transporting goods by rail between at least two terminuses. |
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| 17 | 25 | | (b) The district may order a property owner to clear or |
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| 18 | 26 | | otherwise maintain a canal, drain, ditch, or levee located on the |
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| 21 | 28 | | (c) A property owner who receives an order under Subsection |
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| 22 | 29 | | (b) of this section may comply with the order by: |
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| 23 | 30 | | (1) providing consent for the district to perform the |
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| 24 | 31 | | clearing or maintenance described in the order; or |
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| 25 | 32 | | (2) performing the clearing or maintenance described |
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| 26 | 33 | | in the order. |
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| 27 | 34 | | (d) If a property owner who receives an order under |
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| 28 | 35 | | Subsection (b) of this section fails to comply with the order before |
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| 29 | 36 | | the 180th day after the date the order was issued, the district, if |
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| 30 | 37 | | the property owner does not deny access to the property, may enter |
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| 31 | 38 | | the property to perform the clearing or maintenance described in |
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| 32 | 39 | | the order. |
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| 33 | 40 | | SECTION 2. This Act takes effect September 1, 2019. |
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| 34 | | - | ______________________________ ______________________________ |
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| 35 | | - | President of the Senate Speaker of the House |
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| 36 | | - | I certify that H.B. No. 1263 was passed by the House on May 3, |
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| 37 | | - | 2019, by the following vote: Yeas 127, Nays 13, 2 present, not |
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| 38 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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| 39 | | - | No. 1263 on May 24, 2019, by the following vote: Yeas 118, Nays 21, |
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| 40 | | - | 2 present, not voting. |
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| 41 | | - | ______________________________ |
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| 42 | | - | Chief Clerk of the House |
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| 43 | | - | I certify that H.B. No. 1263 was passed by the Senate, with |
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| 44 | | - | amendments, on May 22, 2019, by the following vote: Yeas 30, Nays |
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| 45 | | - | 1. |
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| 46 | | - | ______________________________ |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | APPROVED: __________________ |
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| 49 | | - | Date |
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| 50 | | - | __________________ |
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| 51 | | - | Governor |
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| 41 | + | * * * * * |
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