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. 1-38 * * * * *