Bill Text: TX HB2700 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to Texas Department of Transportation agreements and property interests related to maintenance of certain transportation infrastructure and right-of-way.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Transportation [HB2700 Detail]
Download: Texas-2021-HB2700-Engrossed.html
| 87R20473 MP-F | ||
| By: Martinez | H.B. No. 2700 | |
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| relating to Texas Department of Transportation agreements and | ||
| property interests related to maintenance of certain | ||
| transportation infrastructure and 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 202.062 to read as follows: | ||
| Sec. 202.062. MUNICIPAL MAINTENANCE OF STATE HIGHWAY | ||
| RIGHT-OF-WAY. (a) The department and a municipality may enter into | ||
| an agreement to allow the municipality to maintain all or a portion | ||
| of the state highway right-of-way located within the municipality | ||
| or the municipality's extraterritorial jurisdiction. | ||
| (b) An agreement entered into under this section may provide | ||
| compensation to the municipality to maintain the right-of-way that | ||
| is equal to the cost the department would incur if the department or | ||
| a contractor acting on behalf of the department maintained the | ||
| right-of-way. | ||
| SECTION 2. Section 370.169, Transportation Code, is amended | ||
| by adding Subsections (d) and (e) to read as follows: | ||
| (d) The department has full easements and rights-of-way | ||
| through, across, under, and over any property owned by the state or | ||
| a local government that are necessary or convenient for the | ||
| maintenance of any portion of a transportation project or system | ||
| operated by an authority under this chapter. | ||
| (e) An easement or right-of-way granted under this section | ||
| must be documented by filing a declaration of the property interest | ||
| in the real property records of the county. The declaration must | ||
| include: | ||
| (1) a description of the property interest; | ||
| (2) a specific reference to the legislative authority | ||
| for the property interest; and | ||
| (3) a plot plan of the property interest, including | ||
| the following information, if applicable: | ||
| (A) the municipality in which the property is | ||
| located; | ||
| (B) the street address of the property; and | ||
| (C) the lot and block number of the property. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
