1-1     By:  Lindsay                                           S.B. No. 927

 1-2           (In the Senate - Filed March 4, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     March 25, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; March 25, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the authority of the Texas Department of Transportation

 1-9     to acquire certain real property.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter D, Chapter 203, Transportation Code,

1-12     is amended by adding Section 203.0521 to read as follows:

1-13           Sec. 203.0521.  ACQUISITION OF REMAINDER.  (a)  If a proposed

1-14     acquisition of a tract of real property under Section 203.052 would

1-15     leave the owner of the property a remainder of the tract, the

1-16     commission shall offer to purchase the remainder if the commission

1-17     determines that:

1-18                 (1)  the remainder is of minimal value; or

1-19                 (2)  the entire tract could be acquired for

1-20     substantially the same compensation as the partial tract.

1-21           (b)  The department may acquire the remainder under this

1-22     section only if the owner of the property consents to the

1-23     acquisition of the remainder.

1-24           (c)  The department is not required to make an offer on a

1-25     remainder if an appraisal or environmental investigation indicates

1-26     the presence of hazardous materials or substances.

1-27           (d)  The department and its designated agents may enter a

1-28     remainder to conduct an appraisal, survey, or environmental

1-29     investigation to determine whether the department will offer to

1-30     acquire the remainder.

1-31           SECTION 2.  The importance of this legislation and the

1-32     crowded condition of the calendars in both houses create an

1-33     emergency and an imperative public necessity that the

1-34     constitutional rule requiring bills to be read on three several

1-35     days in each house be suspended, and this rule is hereby suspended,

1-36     and that this Act take effect and be in force from and after its

1-37     passage, and it is so enacted.

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