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The bill would amend Section 202.059 (b) of the Transportation Code, which requires a Texas Department of Transportation (TxDOT) District Engineer to notify property owners of a third party's request to mow, bail, shred or hoe material on state highway right of way adjacent to their property and to offer property owners the first right of refusal to mow, bail, shred, or hoe material on that right-of-way.
The bill would provide that the above requirement would only apply to counties with a population of 10,000 or more. This would effectively bracket the provisions of the bill to very rural counties so that in the relevant counties a District Engineer would not have to give first right of refusal to adjacent property owners to mow a TxDOT right-of-way.
Senate Update 5/26/15
This legislation brackets the legislation to effect jurisdictions specifically "in a county with a population of more than 10,000" We continue to remain neutral on this legislation, as it's carried by Senator Kolkhorst in the Senate.
This legislation may have some benefit by making it easier to give permission to people who want to mow, bale, shred, or hoe a state highway right-of-way in rural counties. However, the provisions of this legislation neither affirm nor abridge our liberty principles. We remain neutral.