| 1 | 1 | | 88R22349 AJZ-F |
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| 2 | 2 | | By: Canales H.B. No. 3741 |
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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 the operation of a program by the Texas Department of |
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| 8 | 8 | | Transportation to allow a real property owner to plant or replace |
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| 9 | 9 | | vegetation in a right-of-way. |
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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. Subchapter C, Chapter 202, Transportation Code, |
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| 12 | 12 | | is amended by adding Section 202.0585 to read as follows: |
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| 13 | 13 | | Sec. 202.0585. VEGETATION IN RIGHT-OF-WAY. (a) Subject to |
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| 14 | 14 | | Subsections (b) and (c), the department by rule shall develop and |
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| 15 | 15 | | implement a program to allow an owner of real property abutting or |
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| 16 | 16 | | adjoining property acquired by the department for the right-of-way |
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| 17 | 17 | | of a road in the state highway system to: |
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| 18 | 18 | | (1) plant vegetation or replace existing vegetation in |
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| 19 | 19 | | the right-of-way if the owner determines that the new vegetation |
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| 20 | 20 | | will enhance the aesthetic appeal of the property; or |
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| 21 | 21 | | (2) replace existing vegetation in the right-of-way if |
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| 22 | 22 | | the vegetation to be replaced reduces the visibility of the |
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| 23 | 23 | | property. |
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| 24 | 24 | | (b) The program may authorize an owner of real property |
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| 25 | 25 | | described by Subsection (a) to plant or replace existing vegetation |
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| 26 | 26 | | only in the right-of-way, including the outer separation, located |
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| 27 | 27 | | within 500 feet of the property. |
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| 28 | 28 | | (c) An owner of real property who plants or replaces |
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| 29 | 29 | | vegetation in the right-of-way in accordance with this section: |
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| 30 | 30 | | (1) is responsible for all costs associated with the |
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| 31 | 31 | | planting or replacement of vegetation; |
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| 32 | 32 | | (2) may only use plants that are native, regionally |
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| 33 | 33 | | appropriate, and pollinator-friendly; and |
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| 34 | 34 | | (3) may not interfere with any public utility |
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| 35 | 35 | | infrastructure located in the right-of-way. |
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| 36 | 36 | | (d) The rules adopted by the department under Subsection (a) |
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| 37 | 37 | | may not impair or relinquish the state's right to use the |
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| 38 | 38 | | right-of-way when needed to construct or reconstruct the road for |
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| 39 | 39 | | which it was acquired. |
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| 40 | 40 | | (e) Use by the owner of adjoining or abutting real property |
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| 41 | 41 | | under this section is not abandonment of the right-of-way by the |
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| 42 | 42 | | department. |
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| 43 | 43 | | (f) This section does not require a utility, as defined by |
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| 44 | 44 | | Section 203.091, that performs work in the right-of-way to replace |
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| 45 | 45 | | vegetation or provide compensation to an owner of real property for |
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| 46 | 46 | | replacing vegetation if the removal of vegetation is necessary to |
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| 47 | 47 | | perform the work. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2023. |
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