| 1 | 1 | | 89R9118 AJZ-F |
|---|
| 2 | 2 | | By: Paxton S.B. No. 2793 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the operation of a program by the Texas Department of |
|---|
| 10 | 10 | | Transportation to allow a real property owner to plant or replace |
|---|
| 11 | 11 | | vegetation in a right-of-way. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
|---|
| 14 | 14 | | is amended by adding Section 202.0585 to read as follows: |
|---|
| 15 | 15 | | Sec. 202.0585. VEGETATION IN RIGHT-OF-WAY. (a) Subject to |
|---|
| 16 | 16 | | Subsections (b) and (c), the department by rule shall develop and |
|---|
| 17 | 17 | | implement a program to allow an owner of real property abutting or |
|---|
| 18 | 18 | | adjoining property acquired by the department for the right-of-way |
|---|
| 19 | 19 | | of a road in the state highway system to: |
|---|
| 20 | 20 | | (1) plant vegetation or replace existing vegetation in |
|---|
| 21 | 21 | | the right-of-way if the owner determines that the new vegetation |
|---|
| 22 | 22 | | will enhance the aesthetic appeal of the property; or |
|---|
| 23 | 23 | | (2) replace existing vegetation in the right-of-way if |
|---|
| 24 | 24 | | the vegetation to be replaced reduces the visibility of the |
|---|
| 25 | 25 | | property. |
|---|
| 26 | 26 | | (b) The program may authorize an owner of real property |
|---|
| 27 | 27 | | described by Subsection (a) to plant or replace existing vegetation |
|---|
| 28 | 28 | | only in the right-of-way, including the outer separation, located |
|---|
| 29 | 29 | | within 500 feet of the property. |
|---|
| 30 | 30 | | (c) An owner of real property who plants or replaces |
|---|
| 31 | 31 | | vegetation in the right-of-way in accordance with this section: |
|---|
| 32 | 32 | | (1) is responsible for all costs associated with the |
|---|
| 33 | 33 | | planting or replacement of vegetation; |
|---|
| 34 | 34 | | (2) may use only vegetation adapted to local |
|---|
| 35 | 35 | | conditions; and |
|---|
| 36 | 36 | | (3) may not interfere with any public utility |
|---|
| 37 | 37 | | infrastructure located in the right-of-way. |
|---|
| 38 | 38 | | (d) The rules adopted by the department under Subsection (a) |
|---|
| 39 | 39 | | may not impair or relinquish the state's right to use the |
|---|
| 40 | 40 | | right-of-way when needed to construct or reconstruct the road for |
|---|
| 41 | 41 | | which it was acquired. |
|---|
| 42 | 42 | | (e) Use by the owner of adjoining or abutting real property |
|---|
| 43 | 43 | | under this section is not abandonment of the right-of-way by the |
|---|
| 44 | 44 | | department. |
|---|
| 45 | 45 | | (f) This section does not require a utility, as defined by |
|---|
| 46 | 46 | | Section 203.091, that performs work in the right-of-way to replace |
|---|
| 47 | 47 | | vegetation or provide compensation to an owner of real property for |
|---|
| 48 | 48 | | replacing vegetation if the removal of vegetation is necessary to |
|---|
| 49 | 49 | | perform the work. |
|---|
| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|