Tex. Transp. Code Section 203.0921
Department Relocation of Utility Facilities for Essential Highway Improvement


(a)

At the discretion of the department, the department may cause a utility to relocate a utility facility, or make a relocation of a utility facility, not eligible for reimbursement under Section 203.092 (Reimbursement for Relocation of Utility Facilities) at the expense of the state upon a finding of the commission that:

(1)

relocation of the utility facility is essential to the timely completion of a state highway improvement project;

(2)

continuous service to utility customers is essential to the public well-being or the local economy;

(3)

a short-term financial condition would prevent a utility from being able to pay the cost of relocation in full or in part at the time of relocation or, if paid at that time, would adversely affect the utility’s ability to operate or provide essential services to its customers; and

(4)

the affected utility has been contacted by the department and such utility and the department have reached an agreement that:

(A)

appropriate safeguards are in place to ensure that relocation work activities are conducted safely in full compliance with applicable law and utility construction standards;

(B)

relocation work can be coordinated between the department and the utility in a manner that will ensure that any disruption of utility service is minimized;

(C)

the contractor, and any subcontractors, selected for relocation work activities are qualified to perform such work activities; and

(D)

there exists a factual basis for the commission findings required under Subdivision (3).

(b)

A utility whose facilities are relocated under Subsection (a) shall reimburse the department for any amount expended or advanced by the department for the relocation. The utility shall enter into an agreement with the department providing for reimbursement. The agreement shall:

(1)

require reimbursement of the amount expended plus interest to the department within five years from the date of completion of the work;

(2)

provide for reimbursement by a lump-sum payment or by installments;

(3)

require payment of interest at a rate of six percent per annum from the date of completion through the date of final payment; and

(4)

contain other terms and conditions as may be mutually agreed upon by the department and the utility.

(c)

In the absence of an agreement required by Subsection (b), a utility shall reimburse the department the full cost of relocation within 30 days of the date of completion of the work.

(d)

All funds received by the department under this section shall be deposited in the state treasury to the credit of the state highway fund.
Added by Acts 1997, 75th Leg., ch. 876, Sec. 2, eff. Sept. 1, 1997.

Source: Section 203.0921 — Department Relocation of Utility Facilities for Essential Highway Improvement, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­203.­htm#203.­0921 (accessed Mar. 23, 2024).

203.001
Definitions
203.002
Modern State Highway System
203.003
Jurisdiction
203.021
Public Hearings
203.022
Rules Governing Notice and Comment
203.023
Substantial Change in Layout or Function
203.031
Control of Access
203.032
Precedence of Commission Order
203.033
Injunction Against Denial of Access
203.034
Right to Access
203.051
Acquisition of Property Authorized
203.052
Commission Determination Required
203.053
Location of Property Acquired
203.054
Attorney General Shall Bring Suit
203.055
Acquisition of Rights in Public Real Property
203.056
Consent to Use of State Property
203.057
Cooperation of State Agency
203.058
Compensation for State Agency
203.059
Purchase of Lease Rights
203.060
Payment Procedure
203.061
Payment Procedure if Owner Fails to Deliver Executed Deed
203.062
Payment for Real Property Acquired by Eminent Domain
203.063
Payment Procedures in Addition to Other Procedures Authorized by Law
203.064
Acquisition of Freeway by Gift or Devise
203.065
Acquisition of Freeway by County Commissioners Court
203.066
Declaration of Taking for Toll Project
203.067
Possession of Property for Toll Project
203.068
Right of Entry for Toll Project
203.069
Covenants, Conditions, Restrictions, or Limitations
203.091
Definition
203.092
Reimbursement for Relocation of Utility Facilities
203.093
Reimbursement from State Highway Fund
203.094
Timely Relocation
203.095
Rules
203.111
Lease for Parking Purposes
203.112
Prohibition or Restriction of Fireworks at Rest Area
203.0521
Acquisition of Remainder
203.0921
Department Relocation of Utility Facilities for Essential Highway Improvement
203.0935
Timely Agreement
203.0941
Utility Relocation Eligible for Financial Assistance from Water Development Board

Accessed:
Mar. 23, 2024

§ 203.0921’s source at texas​.gov