Texas Transportation Code
§ 203.0935 — TIMELY AGREEMENT
TN § 203.0935Title 6. ROADWAYS · Part A. TEXAS DEPARTMENT OF TRANSPORTATION · Ch. 203. MODERNIZATION OF STATE HIGHWAYS; CONTROLLED ACCESS HIGHWAYS · Art. E. RELOCATION OF UTILITY FACILITIES
Statute text
View on source(a)If the department determines that a facility of a utility must be relocated to accommodate an improvement to the state highway system, the utility and the department shall negotiate in good faith to establish reasonable terms and conditions concerning the responsibilities of the parties with regard to sharing of information about the highway improvement project and the planning and implementation of any necessary relocation of utility facilities.
(b)The department shall use its best efforts to provide an affected utility with plans and drawings of the highway improvement project that are sufficient to enable the utility to develop plans for, and determine the cost of, the necessary relocation of the facility of the utility. If the department and the affected utility enter into an agreement after negotiations under Subsection (a), the terms and conditions of the agreement shall govern the relocation of the utility's facility covered by the agreement.
(c)If the department and an affected utility do not enter into an agreement under Subsection (a), the department shall provide to the affected utility:
(1)written notice of the department's determination that the utility facility must be removed;
(2)a final plan for relocation of the facility; and
(3)reasonable terms and conditions for an agreement with the utility for the relocation of the facility.
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Legislative history
Added by Acts 2003, 78th Leg., ch. 845, Sec. 1, eff. June 20, 2003.