| 1 | 1 | | 86R9678 JXC-D |
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| 2 | 2 | | By: Beckley H.B. No. 2312 |
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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 regulation by the Texas Department of |
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| 8 | 8 | | Transportation of right-of-way landscaping installed by utilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 202.062 to read as follows: |
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| 12 | 12 | | Sec. 202.062. LANDSCAPING IN RIGHT-OF-WAY BY UTILITIES. |
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| 13 | 13 | | (a) In this section, "utility" means a person who owns or operates |
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| 14 | 14 | | a utility facility in the right-of-way of a state highway, |
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| 15 | 15 | | including a line, pipeline, conduit, or cable used to provide |
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| 16 | 16 | | water, saltwater, steam, electricity, gas, oil, communications, or |
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| 17 | 17 | | waste services. |
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| 18 | 18 | | (b) The department by rule shall require a utility that |
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| 19 | 19 | | disturbs the right-of-way of a state highway while constructing or |
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| 20 | 20 | | maintaining a utility facility in the right-of-way to install, at |
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| 21 | 21 | | the utility's expense, in the right-of-way after the construction |
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| 22 | 22 | | or maintenance is complete plants that: |
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| 23 | 23 | | (1) are native, regionally appropriate, and |
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| 24 | 24 | | pollinator-friendly; and |
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| 25 | 25 | | (2) generally grow roots less than four feet below the |
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| 26 | 26 | | surface. |
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| 27 | 27 | | (c) The department may consult with the Department of |
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| 28 | 28 | | Agriculture as needed for the purposes of this section. |
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| 29 | 29 | | SECTION 2. This Act takes effect September 1, 2019. |
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