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  H.B. No. 1420
 
 
 
 
AN ACT
  relating to the removal of property from county roads by certain
  counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 280.002(c), (d), and (g),
  Transportation Code, are amended to read as follows:
         (c)  Except as provided by Subsection (g), a county
  commissioner may order the removal of [remove] personal property by
  the county from the right-of-way or roadway of a county road if the
  county commissioner determines the property:
               (1)  blocks the right-of-way or roadway for at least
  six hours; or
               (2)  endangers public safety.
         (d)  A county commissioner may order the removal of [remove]
  the personal property by the county without the consent of the owner
  or carrier of the property.
         (g)  A county commissioner may not order the removal of
  [remove] personal property of a public utility that is using the
  right-of-way or roadway of a county road to install, maintain,
  repair, or otherwise access a facility of the public utility.
         SECTION 2.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1420 was passed by the House on April
  19, 2007, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1420 was passed by the Senate on May
  18, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor