SLC S.B. 927 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
S.B. 927
By: Lindsay (Kubiak)
4-28-97
Committee Report (Unamended)


BACKGROUND

Currently, the Transportation Code grants the Texas Department of
Transportation (department) the authority to acquire certain real property
the Transportation Commission (commission) deems necessary or convenient
for construction of any state highway.  In some cases, remainders of land
are limited to the extent they can be used by the landowner, resulting in
damage payments to the landowner by the department.  This bill provides
the commission the authority to acquire entire tracts of land, rather than
only that portion needed for highway purposes. 

PURPOSE

As proposed, S.B. 927 authorizes the Transportation Commission to acquire
entire tracts of land, rather than only that portion needed for highway
purposes. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 203D, Transportation Code, by adding Section
203.0521, as follows: 

Sec. 203.0521.  ACQUISITION OF REMAINDER.  Requires the Texas
Transportation Commission (commission) to offer to purchase the remainder
of a tract of real property if a proposed acquisition of a tract under
Section 203.052 would leave the owner a remainder of the tract, if the
commission makes certain determinations.  Authorizes the Texas Department
of Transportation (department) to acquire the remainder of the tract only
if the owner of the property consents to the acquisition of the remainder
of the tract.  Provides that the department is not required to make an
offer on a remainder of a tract if an appraisal or environmental
investigation indicates the presence of hazardous materials or substances.
Authorizes the department and its designated agents to enter a remainder
to conduct an appraisal, survey, or environmental investigation to
determine whether the department will offer to acquire the remainder. 

SECTION 2. Emergency clause.