| 1 | 1 | | By: Toth H.B. No. 4549 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the clearance of a ditch for the purpose of flood |
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| 7 | 7 | | prevention by certain counties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 254.008, Transportation Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 254.008. REGULATION OF PRIVATE DITCHES IN COUNTIES OF |
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| 12 | 12 | | 600,000 [100,000] OR LESS.(a) In a county with a population of |
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| 13 | 13 | | 600,000 [100,000] or less, the commissioners court by order may: |
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| 14 | 14 | | (1) remove the blockage of a ditch on real property |
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| 15 | 15 | | that is not owned by the county, if the ditch connects with a |
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| 16 | 16 | | drainage ditch constructed or maintained by the county; [or] |
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| 17 | 17 | | (2) provide for the removal or clearance of a blockage |
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| 18 | 18 | | from a ditch that is in violation of an order adopted under this |
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| 19 | 19 | | section; or |
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| 20 | 20 | | (3) provide for clearance of blockage from a ditch for |
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| 21 | 21 | | the purpose of flood prevention. |
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| 22 | 22 | | (b) Before a commissioners court acts to remove or clear a |
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| 23 | 23 | | blockage under this section, the court shall send a notice by |
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| 24 | 24 | | certified mail to the record owners of the property on which the |
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| 25 | 25 | | blockage is located in violation of an order adopted under this |
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| 26 | 26 | | section. The notice must inform the owners of the order and of the |
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| 27 | 27 | | other relevant provisions of this section. The court may not remove |
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| 28 | 28 | | or clear the blockage before the 20th day after the date the notice |
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| 29 | 29 | | is sent. |
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| 30 | 30 | | (c) The commissioners court shall pay the costs incurred in |
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| 31 | 31 | | clearing or removing a blockage under this section. |
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| 32 | 32 | | (d) In this section: |
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| 33 | 33 | | (1) "Blockage" means an accumulation of refuse, |
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| 34 | 34 | | vegetation, or other matter in a ditch that substantially decreases |
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| 35 | 35 | | or stops the flow of water through the ditch. |
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| 36 | 36 | | (2) "Ditch" includes a culvert or easement. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2019. |
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