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AN ACT
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relating to the relocation of utility facilities required by |
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improvement of a state highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a-1), (a-2), and (a-3), Section |
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203.092, Transportation Code, are amended to read as follows: |
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(a-1) Notwithstanding Subsection (a)(3) [(a)], the |
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department and the utility shall share equally the cost of the |
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relocation of a utility facility that is made before September 1, |
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2013 [2007], and required by the improvement of a nontolled highway |
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to add one or more tolled lanes. This subsection expires September |
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1, 2013 [2007]. |
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(a-2) Notwithstanding Subsection (a)(3) [(a)], the |
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department and the utility shall share equally the cost of the |
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relocation of a utility facility that is made before September 1, |
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2013 [2007], and required by [for] the improvement of a nontolled |
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highway that has been converted to a turnpike project or toll |
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project. This subsection expires September 1, 2013 [2007]. |
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(a-3) Notwithstanding Subsection (a)(3) [(a)], the |
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department and the utility shall share equally the cost of the |
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relocation of a utility facility that is made before September 1, |
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2013 [2007], and required by [for] the construction on a new |
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location of a turnpike project or toll project or the expansion of |
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such a turnpike project or toll project. This subsection expires |
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September 1, 2013 [2007]. |
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SECTION 2. Subchapter E, Chapter 203, Transportation Code, |
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is amended by adding Section 203.0922 to read as follows: |
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Sec. 203.0922. PREPAYMENT FUNDING AGREEMENT FOR RELOCATION |
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OF UTILITY FACILITIES. (a) On the request of a utility, the |
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commission shall by rule authorize the department to enter into a |
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prepayment funding agreement with the utility to reimburse the |
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utility for the direct and related indirect costs of the relocation |
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of a utility facility that is required by the improvement of a |
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segment of the state highway system, including a turnpike project |
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or toll project, for which the utility is not eligible for |
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reimbursement under Section 203.092. The agreement must: |
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(1) require the utility to prepay to the department an |
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annual amount as provided by Subsection (b) or (c); |
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(2) be for a term: |
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(A) that is a multiple of three years; and |
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(B) of at least six years; |
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(3) set forth a methodology for the utility to submit, |
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document, and substantiate reimbursable costs under the agreement; |
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and |
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(4) set forth a methodology for the department to |
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reimburse the utility its reimbursable costs under the agreement in |
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a timely manner. |
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(b) The annual prepayment amount for each year of the |
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initial three-year period of a prepayment funding agreement is |
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equal to 75 percent of the annual average of the direct and related |
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indirect costs incurred for relocation of the utility's facilities |
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on applicable segments of the state highway system during the |
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preceding three years for which the utility is not otherwise |
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eligible for reimbursement under Section 203.092. |
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(c) The annual prepayment amount for each year of a |
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subsequent three-year period of a prepayment funding agreement is |
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equal to 75 percent of the annual average of the direct and related |
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indirect costs paid by the department or reimbursed to the utility |
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under the agreement for relocation of the utility's facilities on |
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applicable segments of the state highway system during the |
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preceding three years for which the utility is not otherwise |
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eligible for reimbursement under Section 203.092. |
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(d) The department may not establish a prepayment amount |
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that unreasonably discriminates among utilities. |
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(e) If a change in law causes all or a part of the cost of the |
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relocation of a utility facility that was eligible for |
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reimbursement under Section 203.092(a)(1) at the time a prepayment |
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funding agreement was entered into under this section to cease to be |
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eligible for reimbursement, that amount, beginning on the effective |
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date of the applicable change in law, is considered to be a cost |
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that is not otherwise eligible for reimbursement under Section |
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203.092 for purposes of the prepayment funding agreement. |
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(f) Notwithstanding any law to the contrary, an obligation |
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of the commission or the department to make a payment to a utility |
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under a prepayment funding agreement entered into under this |
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section may be enforced by mandamus against the commission, the |
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department, and the comptroller in a district court of Travis |
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County, and the sovereign immunity of the state is waived for that |
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purpose. The district courts of Travis County have exclusive |
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jurisdiction and venue over any action brought under this |
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subsection. The remedy provided by this subsection is in addition |
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to any legal and equitable remedies that may be available to a party |
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to a prepayment funding agreement. |
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(g) This section or a contractual right obtained under an |
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agreement under this section does not: |
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(1) make the department or a utility subject to new or |
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additional licensing, certification, or regulatory jurisdiction of |
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the Public Utility Commission of Texas, Texas Department of |
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Insurance, or Railroad Commission of Texas; or |
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(2) supersede or otherwise affect a provision of |
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another law applicable to the department or a utility regarding |
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licensing, certification, or regulatory jurisdiction of an agency |
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listed in Subdivision (1). |
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(h) A payment received by the department under this section |
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must be deposited to the credit of the state highway fund and is |
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exempt from the application of Subchapter D, Chapter 316, |
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Government Code, and Section 403.095, Government Code. |
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(i) The commission shall appoint a rules advisory committee |
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to advise the department and the commission on development of the |
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commission's rules, including initial rules and additions or |
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changes to the rules, required by this section. The committee shall |
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consist solely of members representing interested utilities. |
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Chapter 2110, Government Code, does not apply to the committee. |
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(j) An agreement entered into by the department and a |
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utility under this section remains in force until its termination |
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or expiration. |
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(k) This section expires September 1, 2013. |
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SECTION 3. This Act takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 1209 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 7, 2007, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1209 passed the House, with |
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amendment, on May 2, 2007, by the following vote: Yeas 132, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |