| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to payment of costs related to the relocation of certain |
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| 6 | 8 | | political subdivision utility facilities for state highway |
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| 7 | 9 | | projects. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 203.092, Transportation Code, is amended |
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| 10 | 12 | | by adding Subsections (a-4) and (e) to read as follows: |
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| 11 | 13 | | (a-4) Notwithstanding another provision of this section, a |
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| 12 | 14 | | utility shall make a relocation of a utility facility required by |
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| 13 | 15 | | improvement of the state highway system at the expense of this state |
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| 14 | 16 | | if the commission determines that: |
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| 15 | 17 | | (1) the utility is a political subdivision or is owned |
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| 16 | 18 | | or operated by a political subdivision; |
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| 17 | 19 | | (2) a financial condition would prevent the utility |
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| 18 | 20 | | from being able to pay the cost of relocation in full or in part at |
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| 19 | 21 | | the time of relocation or, if paid at that time, the payment would |
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| 20 | 22 | | adversely affect the utility's ability to operate or provide |
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| 21 | 23 | | essential services to its customers; and |
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| 22 | 24 | | (3) the utility: |
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| 23 | 25 | | (A) would not be able to receive a state |
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| 24 | 26 | | infrastructure bank loan under Subchapter D, Chapter 222, to |
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| 25 | 27 | | finance the cost of the relocation and is otherwise unable to |
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| 26 | 28 | | finance that cost; or |
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| 27 | 29 | | (B) is a political subdivision or is owned or |
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| 28 | 30 | | operated by a political subdivision that: |
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| 29 | 31 | | (i) has a population of less than 5,000; and |
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| 30 | 32 | | (ii) is located in a county that has been |
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| 31 | 33 | | included in at least five disaster declarations made by the |
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| 32 | 34 | | president of the United States in the six-year period preceding the |
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| 33 | 35 | | proposed date of the relocation. |
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| 34 | 36 | | (e) The total amount paid by the department for the |
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| 35 | 37 | | relocation of utility facilities under Subsection (a-4) may not |
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| 36 | 38 | | exceed $10 million in any fiscal year. |
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| 37 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 43 | | Act takes effect September 1, 2019. |
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| 42 | | - | ______________________________ ______________________________ |
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| 43 | | - | President of the Senate Speaker of the House |
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| 44 | | - | I hereby certify that S.B. No. 1512 passed the Senate on |
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| 45 | | - | April 16, 2019, by the following vote: Yeas 31, Nays 0. |
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| 46 | | - | ______________________________ |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | I hereby certify that S.B. No. 1512 passed the House on |
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| 49 | | - | May 14, 2019, by the following vote: Yeas 134, Nays 7, |
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| 50 | | - | two present not voting. |
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| 51 | | - | ______________________________ |
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| 52 | | - | Chief Clerk of the House |
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| 53 | | - | Approved: |
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| 54 | | - | ______________________________ |
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| 55 | | - | Date |
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| 56 | | - | ______________________________ |
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| 57 | | - | Governor |
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