88R22349 AJZ-F
By: Canales H.B. No. 3741
A BILL TO BE ENTITLED
AN ACT
relating to the operation of a program by the Texas Department of
Transportation to allow a real property owner to plant or replace
vegetation in a right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 202, Transportation Code,
is amended by adding Section 202.0585 to read as follows:
Sec. 202.0585. VEGETATION IN RIGHT-OF-WAY. (a) Subject to
Subsections (b) and (c), the department by rule shall develop and
implement a program to allow an owner of real property abutting or
adjoining property acquired by the department for the right-of-way
of a road in the state highway system to:
(1) plant vegetation or replace existing vegetation in
the right-of-way if the owner determines that the new vegetation
will enhance the aesthetic appeal of the property; or
(2) replace existing vegetation in the right-of-way if
the vegetation to be replaced reduces the visibility of the
property.
(b) The program may authorize an owner of real property
described by Subsection (a) to plant or replace existing vegetation
only in the right-of-way, including the outer separation, located
within 500 feet of the property.
(c) An owner of real property who plants or replaces
vegetation in the right-of-way in accordance with this section:
(1) is responsible for all costs associated with the
planting or replacement of vegetation;
(2) may only use plants that are native, regionally
appropriate, and pollinator-friendly; and
(3) may not interfere with any public utility
infrastructure located in the right-of-way.
(d) The rules adopted by the department under Subsection (a)
may not impair or relinquish the state's right to use the
right-of-way when needed to construct or reconstruct the road for
which it was acquired.
(e) Use by the owner of adjoining or abutting real property
under this section is not abandonment of the right-of-way by the
department.
(f) This section does not require a utility, as defined by
Section 203.091, that performs work in the right-of-way to replace
vegetation or provide compensation to an owner of real property for
replacing vegetation if the removal of vegetation is necessary to
perform the work.
SECTION 2. This Act takes effect September 1, 2023.