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AN ACT
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relating to an order by the Brazoria Drainage District Number 4 to |
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maintain certain infrastructure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 991, Acts of the 74th Legislature, |
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Regular Session, 1995, is amended by adding Section 5A to read as |
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follows: |
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SECTION 5A. ORDER TO MAINTAIN CERTAIN INFRASTRUCTURE ON |
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PRIVATE PROPERTY. (a) This section does not apply to a property |
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owner that is a railroad that owns or leases: |
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(1) locomotives and freight rail cars; and |
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(2) rights-of-way used for the purposes of |
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transporting goods by rail between at least two terminuses. |
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(b) The district may order a property owner to clear or |
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otherwise maintain a canal, drain, ditch, or levee located on the |
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owner's private prope |
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rty. |
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(c) A property owner who receives an order under Subsection |
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(b) of this section may comply with the order by: |
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(1) providing consent for the district to perform the |
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clearing or maintenance described in the order; or |
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(2) performing the clearing or maintenance described |
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in the order. |
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(d) If a property owner who receives an order under |
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Subsection (b) of this section fails to comply with the order before |
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the 180th day after the date the order was issued, the district, if |
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the property owner does not deny access to the property, may enter |
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the property to perform the clearing or maintenance described in |
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the order. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1263 was passed by the House on May 3, |
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2019, by the following vote: Yeas 127, Nays 13, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1263 on May 24, 2019, by the following vote: Yeas 118, Nays 21, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1263 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |