By: Martinez (Senate Sponsor - Hinojosa) H.B. No. 2094
(In the Senate - Received from the House May 3, 2021;
May 10, 2021, read first time and referred to Committee on Local
Government; May 14, 2021, reported favorably by the following
vote: Yeas 9, Nays 0; May 14, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the right to remove property encroaching on areas owned
or controlled by the Hidalgo County Drainage District Number 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section, "telecommunications
provider" has the meaning assigned by Section 51.002, Utilities
Code.
(b) This section does not apply to property owned by a
telecommunications provider.
(c) In order to carry out district purposes, the Hidalgo
County Drainage District Number 1 may remove real or personal
property placed on land owned by the district or land subject to an
easement held by the district, regardless of when the real or
personal property was put in place and without the consent of the
owner of the property. The district must send notice by certified
mail to the owner of property on which the district intends to act
under this section. Not earlier than the 30th day after the date
the notice is sent, the district must send a second notice by
certified mail. The district may use existing civil lawsuit
processes against the owner of the property to recover the cost of
removing the property not earlier than the 30th day after the date
the second notice was received.
SECTION 2. This Act takes effect September 1, 2021.
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