| 1 | 1 | | 86R5762 JXC-F |
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| 2 | 2 | | By: Martinez H.B. No. 3089 |
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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 payment of costs related to the relocation of certain |
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| 8 | 8 | | political subdivision utility facilities for state highway |
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| 9 | 9 | | projects. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 203.092, Transportation Code, is amended |
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| 12 | 12 | | by adding Subsection (a-4) to read as follows: |
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| 13 | 13 | | (a-4) Notwithstanding another provision of this section, a |
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| 14 | 14 | | utility shall make a relocation of a utility facility required by |
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| 15 | 15 | | improvement of the state highway system at the expense of this state |
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| 16 | 16 | | if the commission determines that: |
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| 17 | 17 | | (1) the utility is a political subdivision or is owned |
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| 18 | 18 | | or operated by a political subdivision; |
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| 19 | 19 | | (2) a financial condition would prevent the utility |
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| 20 | 20 | | from being able to pay the cost of relocation in full or in part at |
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| 21 | 21 | | the time of relocation or, if paid at that time, the payment would |
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| 22 | 22 | | adversely affect the utility's ability to operate or provide |
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| 23 | 23 | | essential services to its customers; and |
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| 24 | 24 | | (3) the utility is ineligible for a state |
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| 25 | 25 | | infrastructure bank loan under Subchapter D, Chapter 222, or is |
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| 26 | 26 | | otherwise unable to finance the cost of the relocation. |
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| 27 | 27 | | SECTION 2. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2019. |
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