| 1 | 1 | | 89R14239 JXC-F |
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| 2 | 2 | | By: Bell of Montgomery H.B. No. 5681 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the powers of the Westwood Magnolia Parkway Improvement |
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| 10 | 10 | | District. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 23F, Chapter 323, Acts of the 78th |
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| 13 | 13 | | Legislature, Regular Session, 2003, is amended by adding |
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| 14 | 14 | | Subsections (c), (d), (e), (f), and (g) to read as follows: |
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| 15 | 15 | | (c) A utility operated by a corporation, governmental |
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| 16 | 16 | | entity, or other person that owns, operates, or maintains a |
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| 17 | 17 | | facility for the transportation, distribution, or delivery of |
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| 18 | 18 | | water, gas, electricity, telecommunications, Internet service, or |
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| 19 | 19 | | any other utility service, shall relocate, adjust, or remove the |
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| 20 | 20 | | facility at the utility's expense if the relocation, adjustment, or |
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| 21 | 21 | | removal is required to accommodate a project undertaken by the |
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| 22 | 22 | | district for the construction, expansion, maintenance, or |
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| 23 | 23 | | improvement of a district or county roadway, drainage |
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| 24 | 24 | | infrastructure, or other public improvement in the public |
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| 25 | 25 | | right-of-way of a district or county road. |
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| 26 | 26 | | (d) The district shall provide to the utility 30 days' |
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| 27 | 27 | | written notice of a relocation, adjustment, or removal required |
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| 28 | 28 | | under Subsection (c). The notice must specify the project scope, |
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| 29 | 29 | | right-of-way limits, and expected timeline. |
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| 30 | 30 | | (e) If a utility does not relocate, adjust, or remove a |
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| 31 | 31 | | facility in accordance with the notice provided under Subsection |
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| 32 | 32 | | (d), the district may undertake the relocation, adjustment, or |
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| 33 | 33 | | removal of the facility. The utility shall reimburse the district |
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| 34 | 34 | | for the reasonable and actual costs incurred by the district in |
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| 35 | 35 | | performing the work. If the utility does not reimburse the costs |
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| 36 | 36 | | described by this subsection before the 60th day after the date the |
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| 37 | 37 | | district submits a written request for payment, the utility shall |
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| 38 | 38 | | pay interest on the amount due at the rate specified by Section |
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| 39 | 39 | | 2251.025, Government Code, as if the amount were overdue under a |
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| 40 | 40 | | contract with a governmental entity. |
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| 41 | 41 | | (f) Subsection (c) does not: |
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| 42 | 42 | | (1) limit the authority of the district and a utility |
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| 43 | 43 | | to enter into an agreement for cost-sharing, alternative funding, |
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| 44 | 44 | | or another arrangement related to the relocation of a facility; or |
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| 45 | 45 | | (2) apply to a utility facility located outside a |
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| 46 | 46 | | public right-of-way, including a facility located within a private |
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| 47 | 47 | | easement, unless otherwise agreed to by the district and utility. |
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| 48 | 48 | | (g) Notwithstanding any other law or agreement to the |
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| 49 | 49 | | contrary, Subsection (c) applies unless an express provision in a |
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| 50 | 50 | | contract between the district and the utility assigns financial |
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| 51 | 51 | | responsibility for relocation costs to the district. |
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| 52 | 52 | | SECTION 2. Section 29, Chapter 323, Acts of the 78th |
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| 53 | 53 | | Legislature, Regular Session, 2003, is amended by amending |
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| 54 | 54 | | Subsections (a) and (b) and adding Subsection (a-1) to read as |
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| 55 | 55 | | follows: |
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| 56 | 56 | | (a) The district and a local government as defined by |
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| 57 | 57 | | Chapter 791, Government Code, may enter into an interlocal |
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| 58 | 58 | | agreement to: |
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| 59 | 59 | | (1) accomplish an improvement project; [or] |
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| 60 | 60 | | (2) provide for a facility, service, or equipment from |
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| 61 | 61 | | the district for the benefit of the local government; or |
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| 62 | 62 | | (3) provide for the administration and operation of a |
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| 63 | 63 | | county assistance district: |
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| 64 | 64 | | (A) that is located in a county in which any part |
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| 65 | 65 | | of the district is located; and |
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| 66 | 66 | | (B) for which the commissioners court of the |
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| 67 | 67 | | county serves as the governing body under Section 387.005, Local |
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| 68 | 68 | | Government Code. |
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| 69 | 69 | | (a-1) The district may be considered a municipality under |
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| 70 | 70 | | Chapter 387, Local Government Code, for the purposes of Subsection |
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| 71 | 71 | | (a)(3). |
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| 72 | 72 | | (b) Payment for an improvement project, facility, service, |
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| 73 | 73 | | or equipment agreed to under Subsection (a)(1) or (2) [this |
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| 74 | 74 | | section] may be made or pledged by a local government to the |
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| 75 | 75 | | district out of any money the local government collects under |
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| 76 | 76 | | Chapter 351, Tax Code, or out of any other available money. |
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| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2025. |
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