Bill Text: TX HB4549 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the clearance of a ditch for the purpose of flood prevention by certain counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-18 - No action taken in committee [HB4549 Detail]
Download: Texas-2019-HB4549-Introduced.html
By: Toth | H.B. No. 4549 |
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relating to the clearance of a ditch for the purpose of flood | ||
prevention by certain counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 254.008, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 254.008. REGULATION OF PRIVATE DITCHES IN COUNTIES OF | ||
600,000 [ |
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600,000 [ |
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(1) remove the blockage of a ditch on real property | ||
that is not owned by the county, if the ditch connects with a | ||
drainage ditch constructed or maintained by the county; [ |
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(2) provide for the removal or clearance of a blockage | ||
from a ditch that is in violation of an order adopted under this | ||
section; or | ||
(3) provide for clearance of blockage from a ditch for | ||
the purpose of flood prevention. | ||
(b) Before a commissioners court acts to remove or clear a | ||
blockage under this section, the court shall send a notice by | ||
certified mail to the record owners of the property on which the | ||
blockage is located in violation of an order adopted under this | ||
section. The notice must inform the owners of the order and of the | ||
other relevant provisions of this section. The court may not remove | ||
or clear the blockage before the 20th day after the date the notice | ||
is sent. | ||
(c) The commissioners court shall pay the costs incurred in | ||
clearing or removing a blockage under this section. | ||
(d) In this section: | ||
(1) "Blockage" means an accumulation of refuse, | ||
vegetation, or other matter in a ditch that substantially decreases | ||
or stops the flow of water through the ditch. | ||
(2) "Ditch" includes a culvert or easement. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |