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Amend CSHB 300 (Senate committee printing) by adding the
following ARTICLE to the bill, appropriately numbered, and
renumbering subsequent ARTICLES accordingly:
ARTICLE ___. RELOCATION OF UTILITY FACILITIES
SECTION ___.01. Subchapter E, Chapter 203, Transportation
Code, is amended by adding Section 203.0923 to read as follows:
Sec. 203.0923. SPECIAL FUNDS FOR RELOCATION OF UTILITY
FACILITIES. (a) In this section, "utility" means a utility as
defined by Section 203.091.
(b) If the construction, reconstruction, maintenance,
improvement, or repair of a road, highway, or bridge that is funded
in any part by federal funds provided under the American Recovery
and Reinvestment Act of 2009 (Pub. L. No. 111-5) requires the
relocation of a utility facility, the department shall:
(1) reimburse the utility owning or operating the
facility for the expense of the relocation in the proportions
described by Sections 203.092 and 227.029 using funds provided
under the American Recovery and Reinvestment Act; or
(2) if Sections 203.092 and 227.029 do not provide for
reimbursement to the utility, subject to Subsection (b-1), from
federal funds provided under the American Recovery and Reinvestment
Act, share the expense of that relocation equally with the utility
that owns and operates the facility.
(b-1) The maximum amount of federal funds the department may
spend for the relocation of utility facilities under Subsection
(b)(2) is $25 million.
(c) The amount of a reimbursement for a relocation of a
utility facility may not exceed the actual expense incurred by the
utility in the complete or partial relocation of the facility less
any salvage value of the existing facility.
(d) The department by rule shall establish a procedure for
making reimbursements under this section and shall notify affected
utilities of that procedure.
(e) This section expires December 31, 2012.