Enrolled Bill Summary

            House Bill 2006 adds a new subchapter to the Utilities Code relating to construction and maintenance of certain facilities along, over, under, or across railroad right-of-way. The bill authorizes a utility, common carrier, cable operator, or energy transporter to acquire an easement by eminent domain to use a railroad right-of-way if the entity provides notice to the railroad and does not unreasonably interfere with railroad operations. The railroad is authorized to require the entity to relocate a facility in the right-of-way under certain conditions. If the railroad requires the entity to obtain a right to use the right-of-way, the railroad, if requested in writing, is required to produce documentation indicating the extent of the railroad's right, title, or interest in the property, and the entity is required to reimburse the railroad for the cost, not to exceed $500, of producing the documentation. If the entity obtains the right to continuously use a railroad right-of-way through the exercise of eminent domain, the award of damages due the railroad is the market value of the property plus any damages to the railroad's remaining property. The bill authorizes the railroad to recover certain other costs and establishes restrictions on payment of costs awarded against a railroad in condemnation. The bill specifies a time period during which the railroad is prohibited from requiring the entity to remove an existing facility if certain conditions are met. It authorizes the entity to pay a one-time fee to obtain an original license or renew a license for the right to use a railroad right-of-way.