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Bike trail on utility rights-of-way bills filed

This is a big show of support for making bike trails on CenterPoint’s rights of way happen.

Houston voters last fall approved a $166 million bond measure to expand the city’s trail system, to be matched by $105 million in private donations via the Houston Parks Board. About 78 miles of trails would get built, limited largely to east-west paths that run along bayous. Many of the utility easements run north-south.

Sens. Rodney Ellis, D-Houston, and Dan Patrick, R-Houston, filed Senate Bill 633 and state Reps. Jim Murphy, R-Houston, Senfronia Thompson, D-Houston, Wayne Smith, R-Baytown, and Garnet Coleman, D-Houston, filed House Bill 200. Both drafts were filed Monday.

In a prepared statement, the lawmakers cast their proposals as a way to cut time and cost in trail development.

“The people of Houston have said loud and clear that they want more hike and bike trails,” Ellis said in a statement. “But it has become very difficult to acquire the land in urban areas like Houston that is suitable for development of trails. This legislation is a unique and innovative compromise solution to develop new trails without undue delays and excess cost.”

See here for the background. I’m not a lawyer, but comparing the text of the original bills that were filed by Reps. Sarah Davis and Jim Murphy, HB 404 and HB 258, to the updated bills HB 200 and SB 633, the main difference seems to me to be that the original bills basically exempted the utility from any and all liability, while the updated bills “[do] not limit the liability of an electric utility for serious bodily injury or death of a person proximately caused by the electric utility’s wilful or wanton acts or gross negligence with respect to a dangerous condition existing on the premises”. That, frankly, was my main concern, so I’m glad to see that saner heads have prevailed. It may be that CenterPoint is still getting away with something here – again, I Am Not A Lawyer, and I don’t know what level of protection CenterPoint would have without this bill – but on the surface at least this looks better to me. Barring any further revelations, I’ll be happy to see this pass. Hair Balls has more.

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  1. [...] to the concerns of all stakeholders, he demonstrated an ability to work with others – see the CenterPoint right of way bill for an example – and six years later he’s the Chair of the Public Education committee, pushing major [...]

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