House Bill No. 3514 proposes the establishment of a program by the Texas Department of Transportation that allows real property owners adjacent to state highway right-of-ways to plant or replace vegetation. The new section, 202.0585, outlines that property owners can enhance the aesthetic appeal of their property by planting new vegetation or replacing existing vegetation that obstructs visibility. The program is limited to the right-of-way, including the outer separation, within 500 feet of the property. Property owners are responsible for all costs associated with the planting or replacement, must use vegetation suited to local conditions, and cannot interfere with public utility infrastructure.

Additionally, the bill clarifies that the rules developed under this program will not compromise the state's right to utilize the right-of-way for road construction or reconstruction. It also specifies that the use of the right-of-way by property owners does not constitute abandonment by the department. Furthermore, utilities performing work in the right-of-way are not required to replace vegetation or compensate property owners for vegetation removal necessary for their operations. The act is set to take effect on September 1, 2025.

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