88R22349 AJZ-F     By: Canales H.B. No. 3741       A BILL TO BE ENTITLED   AN ACT   relating to the operation of a program by the Texas Department of   Transportation to allow a real property owner to plant or replace   vegetation in a right-of-way.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 202, Transportation Code,   is amended by adding Section 202.0585 to read as follows:          Sec. 202.0585.  VEGETATION IN RIGHT-OF-WAY. (a) Subject to   Subsections (b) and (c), the department by rule shall develop and   implement a program to allow an owner of real property abutting or   adjoining property acquired by the department for the right-of-way   of a road in the state highway system to:                (1)  plant vegetation or replace existing vegetation in   the right-of-way if the owner determines that the new vegetation   will enhance the aesthetic appeal of the property; or                (2)  replace existing vegetation in the right-of-way if   the vegetation to be replaced reduces the visibility of the   property.          (b)  The program may authorize an owner of real property   described by Subsection (a) to plant or replace existing vegetation   only in the right-of-way, including the outer separation, located   within 500 feet of the property.          (c)  An owner of real property who plants or replaces   vegetation in the right-of-way in accordance with this section:                (1)  is responsible for all costs associated with the   planting or replacement of vegetation;                (2)  may only use plants that are native, regionally   appropriate, and pollinator-friendly; and                (3)  may not interfere with any public utility   infrastructure located in the right-of-way.          (d)  The rules adopted by the department under Subsection (a)   may not impair or relinquish the state's right to use the   right-of-way when needed to construct or reconstruct the road for   which it was acquired.          (e)  Use by the owner of adjoining or abutting real property   under this section is not abandonment of the right-of-way by the   department.          (f)  This section does not require a utility, as defined by   Section 203.091, that performs work in the right-of-way to replace   vegetation or provide compensation to an owner of real property for   replacing vegetation if the removal of vegetation is necessary to   perform the work.          SECTION 2.  This Act takes effect September 1, 2023.