The bill, H.B. 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. Under the new Section 202.0585, 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 area within 500 feet of the property and includes specific responsibilities for property owners, such as covering all costs, using vegetation suited to local conditions, hiring an approved landscaping professional, and ensuring no interference with public utility infrastructure.

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

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