Bill Text: TX HB1263 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to an order by the Brazoria Drainage District Number 4 to maintain certain infrastructure.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1263 Detail]

Download: Texas-2019-HB1263-Enrolled.html
 
 
  H.B. No. 1263
 
 
 
 
AN ACT
  relating to an order by the Brazoria Drainage District Number 4 to
  maintain certain infrastructure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 991, Acts of the 74th Legislature,
  Regular Session, 1995, is amended by adding Section 5A to read as
  follows:
         SECTION 5A.  ORDER TO MAINTAIN CERTAIN INFRASTRUCTURE ON
  PRIVATE PROPERTY. (a) This section does not apply to a property
  owner that is a railroad that owns or leases:
               (1)  locomotives and freight rail cars; and
               (2)  rights-of-way used for the purposes of
  transporting goods by rail between at least two terminuses. 
         (b)  The district may order a property owner to clear or
  otherwise maintain a canal, drain, ditch, or levee located on the
  owner's private prope
  rty.
         (c)  A property owner who receives an order under Subsection
  (b) of this section may comply with the order by:
               (1)  providing consent for the district to perform the
  clearing or maintenance described in the order; or
               (2)  performing the clearing or maintenance described
  in the order.
         (d)  If a property owner who receives an order under
  Subsection (b) of this section fails to comply with the order before
  the 180th day after the date the order was issued, the district, if
  the property owner does not deny access to the property, may enter
  the property to perform the clearing or maintenance described in
  the order.
         SECTION 2.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1263 was passed by the House on May 3,
  2019, by the following vote:  Yeas 127, Nays 13, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1263 on May 24, 2019, by the following vote:  Yeas 118, Nays 21,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1263 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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