89R14239 JXC-F
	By: Bell of Montgomery	H.B. No. 5681

	A BILL TO BE ENTITLED
	AN ACT
	relating to the powers of the Westwood Magnolia Parkway Improvement
	District.
	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.
	(f)  Subsection (c) does not:
	(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
	follows:
	(a)  The district and a local government as defined by
	Chapter 791, Government Code, may enter into an interlocal
	agreement to:
	(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
	county assistance district:
	(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
	Government Code.
	(a-1)  The district may be considered a municipality under
	Chapter 387, Local Government Code, for the purposes of Subsection
	(a)(3).
	(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.