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A BILL TO BE ENTITLED
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AN ACT
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relating to a permit requirement and the payment by a utility of a |
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fee for the use of state highway rights-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 203, Transportation Code, |
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is amended by adding Section 203.0911 to read as follows: |
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Sec. 203.0911. PERMIT AND FEE FOR USE OF RIGHT-OF-WAY. (a) |
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Notwithstanding any other law, including Chapter 181, Utilities |
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Code, Chapter 552, Local Government Code, Chapter 49, Water Code, |
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and Chapter 111, Natural Resources Code, and except as provided by |
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Subsection (c), the department may require a person, including a |
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governmental or private entity, to obtain a permit and pay a fee as |
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a condition of using any part of a state highway right-of-way for |
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the construction, maintenance, or operation of a utility facility. |
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(b) The commission shall establish permit fees to be imposed |
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by the department under this section. The fees may be used only for |
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the maintenance of state highways. |
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(c) The department may not require the payment of a fee |
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under this section from: |
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(1) a person who has a property interest in the land |
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occupied by the utility facility to be constructed, maintained, or |
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operated; or |
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(2) a municipality. |
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SECTION 2. The heading to Subchapter E, Chapter 203, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER E. [RELOCATION OF] UTILITY FACILITIES |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |