AN ACT

 1-1     relating to the authority of the Texas Department of Transportation

 1-2     to acquire certain real property.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter D, Chapter 203, Transportation Code,

 1-5     is amended by adding Section 203.0521 to read as follows:

 1-6           Sec. 203.0521.  ACQUISITION OF REMAINDER.  (a)  If a proposed

 1-7     acquisition of a tract of real property under Section 203.052 would

 1-8     leave the owner of the property a remainder of the tract, the

 1-9     commission shall offer to purchase the remainder if the commission

1-10     determines that:

1-11                 (1)  the remainder has little or no value or utility to

1-12     the owner; or

1-13                 (2)  the entire tract could be acquired for

1-14     substantially the same compensation as the partial tract.

1-15           (b)  The department may acquire the remainder under this

1-16     section only if the owner of the property consents to the

1-17     acquisition of the remainder.

1-18           (c)  The department is not required to make an offer on a

1-19     remainder if an appraisal or environmental investigation indicates

1-20     the presence of hazardous materials or substances.

1-21           (d)  The department and its designated agents may enter a

1-22     remainder to conduct an appraisal, survey, or environmental

1-23     investigation to determine whether the department will offer to

 2-1     acquire the remainder.

 2-2           SECTION 2.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 927 passed the Senate on

         April 4, 1997, by the following vote:  Yeas 28, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 927 passed the House on

         May 7, 1997, by the following vote:  Yeas 139, Nays 0, two present

         not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor