HB 5681

relating to the powers of the Westwood Magnolia Parkway Improvement
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 23F, Chapter 323, Acts of the 78th
Legislature, Regular Session, 2003, is amended by adding
Subsections (c), (d), (e), (f), and (g) to read as follows:
(c)  A utility operated by a corporation, governmental
entity, or other person that owns, operates, or maintains a
facility for the transportation, distribution, or delivery of
water, gas, electricity, telecommunications, Internet service, or
any other utility service, shall relocate, adjust, or remove the
facility at the utility's expense if the relocation, adjustment, or
removal is required to accommodate a project undertaken by the
district for the construction, expansion, maintenance, or
improvement of a district or county roadway, drainage
infrastructure, or other public improvement in the public
right-of-way of a district or county road.
(d)  The district shall provide to the utility 30 days'
written notice of a relocation, adjustment, or removal required
under Subsection (c).  The notice must specify the project scope,
right-of-way limits, and expected timeline.
(e)  If a utility does not relocate, adjust, or remove a
facility in accordance with the notice provided under Subsection
(d), the district may undertake the relocation, adjustment, or
removal of the facility.  The utility shall reimburse the district
for the reasonable and actual costs incurred by the district in
performing the work.  If the utility does not reimburse the costs
described by this subsection before the 60th day after the date the
district submits a written request for payment, the utility shall
pay interest on the amount due at the rate specified by Section
2251.025, Government Code, as if the amount were overdue under a
contract with a governmental entity.
(1)  limit the authority of the district and a utility
to enter into an agreement for cost-sharing, alternative funding,
or another arrangement related to the relocation of a facility; or
(2)  apply to a utility facility located outside a
public right-of-way, including a facility located within a private
easement, unless otherwise agreed to by the district and utility.
(g)  Notwithstanding any other law or agreement to the
contrary, Subsection (c) applies unless an express provision in a
contract between the district and the utility assigns financial
responsibility for relocation costs to the district.
SECTION 2.  Section 29, Chapter 323, Acts of the 78th
Legislature, Regular Session, 2003, is amended by amending
Subsections (a) and (b) and adding Subsection (a-1) to read as
(a)  The district and a local government as defined by
Chapter 791, Government Code, may enter into an interlocal
(1)  accomplish an improvement project; [or]
(2)  provide for a facility, service, or equipment from
the district for the benefit of the local government; or
(3)  provide for the administration and operation of a
(A)  that is located in a county in which any part
of the district is located; and
(B)  for which the commissioners court of the
county serves as the governing body under Section 387.005, Local
(a-1)  The district may be considered a municipality under
Chapter 387, Local Government Code, for the purposes of Subsection
(b)  Payment for an improvement project, facility, service,
or equipment agreed to under Subsection (a)(1) or (2) [this
section] may be made or pledged by a local government to the
district out of any money the local government collects under
Chapter 351, Tax Code, or out of any other available money.
SECTION 3.  This Act takes effect September 1, 2025.