Bill Text: TX HB3741 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the operation of a program by the Texas Department of Transportation to allow a real property owner to plant or replace vegetation in a right-of-way.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to Transportation [HB3741 Detail]
Download: Texas-2023-HB3741-Engrossed.html
| 88R22349 AJZ-F | ||
| By: Canales | H.B. No. 3741 | |
|
|
||
|
|
||
| relating to the operation of a program by the Texas Department of | ||
| Transportation to allow a real property owner to plant or replace | ||
| vegetation in a 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 202.0585 to read as follows: | ||
| Sec. 202.0585. VEGETATION IN RIGHT-OF-WAY. (a) Subject to | ||
| Subsections (b) and (c), the department by rule shall develop and | ||
| implement a program to allow an owner of real property abutting or | ||
| adjoining property acquired by the department for the right-of-way | ||
| of a road in the state highway system to: | ||
| (1) plant vegetation or replace existing vegetation in | ||
| the right-of-way if the owner determines that the new vegetation | ||
| will enhance the aesthetic appeal of the property; or | ||
| (2) replace existing vegetation in the right-of-way if | ||
| the vegetation to be replaced reduces the visibility of the | ||
| property. | ||
| (b) The program may authorize an owner of real property | ||
| described by Subsection (a) to plant or replace existing vegetation | ||
| only in the right-of-way, including the outer separation, located | ||
| within 500 feet of the property. | ||
| (c) An owner of real property who plants or replaces | ||
| vegetation in the right-of-way in accordance with this section: | ||
| (1) is responsible for all costs associated with the | ||
| planting or replacement of vegetation; | ||
| (2) may only use plants that are native, regionally | ||
| appropriate, and pollinator-friendly; and | ||
| (3) may not interfere with any public utility | ||
| infrastructure located in the right-of-way. | ||
| (d) The rules adopted by the department under Subsection (a) | ||
| may not impair or relinquish the state's right to use the | ||
| right-of-way when needed to construct or reconstruct the road for | ||
| which it was acquired. | ||
| (e) Use by the owner of adjoining or abutting real property | ||
| under this section is not abandonment of the right-of-way by the | ||
| department. | ||
| (f) This section does not require a utility, as defined by | ||
| Section 203.091, that performs work in the right-of-way to replace | ||
| vegetation or provide compensation to an owner of real property for | ||
| replacing vegetation if the removal of vegetation is necessary to | ||
| perform the work. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
