bill making utilities move lines for a Montgomery County district

The text as introduced · 614 words

89R14239 JXC-F

By: Bell of Montgomery
H.B. No. 5681

A BILL TO BE ENTITLED

AN ACT

relating to the powers of the Westwood Magnolia Parkway Improvement

District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 23F, Chapter 323, Acts of the 78th

Legislature, Regular Session, 2003, is amended by adding

Subsections (c), (d), (e), (f), and (g) to read as follows:

(c) A utility operated by a corporation, governmental

entity, or other person that owns, operates, or maintains a

facility for the transportation, distribution, or delivery of

water, gas, electricity, telecommunications, Internet service, or

any other utility service, shall relocate, adjust, or remove the

facility at the utility's expense if the relocation, adjustment, or

removal is required to accommodate a project undertaken by the

district for the construction, expansion, maintenance, or

improvement of a district or county roadway, drainage

infrastructure, or other public improvement in the public

right-of-way of a district or county road.

(d) The district shall provide to the utility 30 days'

written notice of a relocation, adjustment, or removal required

under Subsection (c). The notice must specify the project scope,

right-of-way limits, and expected timeline.

(e) If a utility does not relocate, adjust, or remove a

facility in accordance with the notice provided under Subsection

(d), the district may undertake the relocation, adjustment, or

removal of the facility. The utility shall reimburse the district

for the reasonable and actual costs incurred by the district in

performing the work. If the utility does not reimburse the costs

described by this subsection before the 60th day after the date the

district submits a written request for payment, the utility shall

pay interest on the amount due at the rate specified by Section

2251.025, Government Code, as if the amount were overdue under a

contract with a governmental entity.

(f) Subsection (c) does not:

(1) limit the authority of the district and a utility

to enter into an agreement for cost-sharing, alternative funding,

or another arrangement related to the relocation of a facility; or

(2) apply to a utility facility located outside a

public right-of-way, including a facility located within a private

easement, unless otherwise agreed to by the district and utility.

(g) Notwithstanding any other law or agreement to the

contrary, Subsection (c) applies unless an express provision in a

contract between the district and the utility assigns financial

responsibility for relocation costs to the district.

SECTION 2. Section 29, Chapter 323, Acts of the 78th

Legislature, Regular Session, 2003, is amended by amending

Subsections (a) and (b) and adding Subsection (a-1) to read as

follows:

(a) The district and a local government as defined by

Chapter 791, Government Code, may enter into an interlocal

agreement to:

(1) accomplish an improvement project; [ or ]

(2) provide for a facility, service, or equipment from

the district for the benefit of the local government ; or

(3) provide for the administration and operation of a

county assistance district:

(A) that is located in a county in which any part

of the district is located; and

(B) for which the commissioners court of the

county serves as the governing body under Section 387.005, Local

Government Code .

(a-1) The district may be considered a municipality under

Chapter 387, Local Government Code, for the purposes of Subsection

(a)(3).

(b) Payment for an improvement project, facility, service,

or equipment agreed to under Subsection (a)(1) or (2) [ this

section ] may be made or pledged by a local government to the

district out of any money the local government collects under

Chapter 351, Tax Code, or out of any other available money.

SECTION 3. This Act takes effect September 1, 2025.