| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to Texas Department of Transportation agreements and |
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| 8 | 10 | | property interests related to maintenance of certain |
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| 9 | 11 | | transportation infrastructure and right-of-way. |
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| 10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 13 | | SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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| 12 | 14 | | is amended by adding Section 202.062 to read as follows: |
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| 13 | 15 | | Sec. 202.062. MUNICIPAL MAINTENANCE OF STATE HIGHWAY |
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| 14 | 16 | | RIGHT-OF-WAY. (a) The department and a municipality may enter into |
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| 15 | 17 | | an agreement to allow the municipality to maintain all or a portion |
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| 16 | 18 | | of the state highway right-of-way located within the municipality |
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| 17 | 19 | | or the municipality's extraterritorial jurisdiction. |
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| 18 | 20 | | (b) An agreement entered into under this section may provide |
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| 19 | 21 | | compensation to the municipality to maintain the right-of-way that |
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| 20 | 22 | | is equal to the cost the department would incur if the department or |
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| 21 | 23 | | a contractor acting on behalf of the department maintained the |
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| 22 | 24 | | right-of-way. |
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| 23 | 25 | | SECTION 2. Section 370.169, Transportation Code, is amended |
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| 24 | 26 | | by adding Subsections (d) and (e) to read as follows: |
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| 25 | 27 | | (d) The department has full easements and rights-of-way |
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| 26 | 28 | | through, across, under, and over any property owned by the state or |
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| 27 | 29 | | a local government that are necessary or convenient for the |
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| 28 | 30 | | maintenance of any portion of a transportation project or system |
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| 29 | 31 | | operated by an authority under this chapter. |
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| 30 | 32 | | (e) An easement or right-of-way granted under this section |
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| 31 | 33 | | must be documented by filing a declaration of the property interest |
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| 32 | 34 | | in the real property records of the county. The declaration must |
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| 33 | 35 | | include: |
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| 34 | 36 | | (1) a description of the property interest; |
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| 35 | 37 | | (2) a specific reference to the legislative authority |
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| 36 | 38 | | for the property interest; and |
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| 37 | 39 | | (3) a plot plan of the property interest, including |
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| 38 | 40 | | the following information, if applicable: |
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| 39 | 41 | | (A) the municipality in which the property is |
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| 40 | 42 | | located; |
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| 41 | 43 | | (B) the street address of the property; and |
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| 42 | 44 | | (C) the lot and block number of the property. |
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| 43 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 49 | | Act takes effect September 1, 2021. |
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