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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation of certain telephone or telegraph |
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corporation facilities on or across public roads, streets, or |
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water. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 181.082, Utilities Code, is amended to |
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read as follows: |
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Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO |
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PUBLIC PROPERTY. Subject to Section 181.0821, a [A] telephone or |
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telegraph corporation may install a facility of the corporation |
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along, on, or across a public road, a public street, or public water |
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in a manner that does not inconvenience the public in the use of the |
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road, street, or water. |
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SECTION 2. Subchapter E, Chapter 181, Utilities Code, is |
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amended by adding Sections 181.0821 and 181.0822 to read as |
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follows: |
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Sec. 181.0821. NOTICE TO STATE OR COUNTY. (a) A person |
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proposing to install a facility under Section 181.082 in the |
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right-of-way of a state highway or a county road shall give notice |
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of the proposed installation to: |
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(1) the Texas Department of Transportation if the |
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proposed installation relates to a state highway; or |
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(2) the commissioners court of the county if the |
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proposed installation relates to a county road. |
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(b) On receipt of the notice, the Texas Department of |
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Transportation or commissioners court may designate the location in |
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the right-of-way where the person may install the facility. |
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Sec. 181.0822. RELOCATION OF FACILITY TO ALLOW ROAD OR |
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DITCH IMPROVEMENT. (a) The Texas Department of Transportation or |
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the commissioners court of a county may require a telephone or |
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telegraph corporation to relocate a facility of the corporation, at |
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the corporation's expense, to allow the: |
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(1) widening of a right-of-way; |
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(2) changing of a traffic lane; |
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(3) improving of a road bed; or |
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(4) improving of a drainage ditch located on a |
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right-of-way. |
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(b) To require relocation under Subsection (a), the Texas |
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Department of Transportation or the commissioners court, as |
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appropriate, must notify the telephone or telegraph corporation not |
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later than the 30th day before the date relocation is required. The |
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notice must identify the facility to be relocated and indicate the |
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location on the new right-of-way where the telephone or telegraph |
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corporation may place the facility. |
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(c) This section does not apply to a facility located in a |
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municipality. |
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SECTION 3. This Act takes effect September 1, 2015. |