76R11847 T
By Turner of Coleman, Counts, Keffer H.B. No. 1886
Substitute the following for H.B. No. 1886:
By Hardcastle C.S.H.B. No. 1886
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abandoned railroad right-of-way.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 6, Title 112, Revised Statutes, is
1-5 amended by adding Article 6340A to read as follows:
1-6 Art. 6340A. DISPOSITION OF CERTAIN ABANDONED RAILROAD
1-7 RIGHT-OF-WAY. (a) On the 180th day after the date on which the
1-8 federal Surface Transportation Board by order deems rail service to
1-9 be abandoned for a railroad or portion of a railroad located within
1-10 the State of Texas, title to the railroad right-of-way for which
1-11 such rail service is abandoned shall revert, subject to the
1-12 continuing easements described in Subsections (c)(2) and (e), to
1-13 the current fee title owner of the land immediately adjacent to the
1-14 right-of-way up to the center line of the right-of-way, unless such
1-15 right-of-way has been sold to another railroad company or a rail
1-16 district for purposes of providing freight or passenger railroad
1-17 service or has been sold to an Authority organized under Chapter
1-18 451 or Chapter 452 of the Transportation Code for purposes of
1-19 providing freight or passenger railroad service or to provide a
1-20 roadway for motor vehicle transportation.
1-21 (b) Not later than the 45th day after the date the federal
1-22 Surface Transportation Board issues its order declaring the
1-23 abandonment of rail service, the railroad company abandoning such
1-24 rail service shall:
2-1 (1) file with the Texas Railroad Commission a notice
2-2 and copy of the federal Surface Transportation Board order
2-3 declaring the abandonment;
2-4 (2) file notice of the abandonment, the reversion of
2-5 title, and the terms of this legislation in the county deed records
2-6 of each county in which the right-of-way is located, generally
2-7 describing the abandoned right-of-way; and
2-8 (3) publish notice of the abandonment, the reversion
2-9 of title, and the terms of this legislation in one or more
2-10 newspapers of general circulation in each county in which the
2-11 right-of-way is located, generally describing the abandoned
2-12 right-of-way.
2-13 (c) Upon receiving a notice required by Subsection (b)(1)
2-14 and prior to the expiration of the 180 day period referenced in
2-15 Subsection (a), the Texas Railroad Commission shall perform the
2-16 following acts, which are both administrative and ministerial:
2-17 (1) Certify that the railroad company, by abandoning
2-18 rail service, thereby relinquishes all rights, responsibilities,
2-19 benefits, and interests derived from state law that relate to the
2-20 railroad and railroad right-of-way for which rail service is
2-21 abandoned;
2-22 (2) Certify that the State of Texas retains a
2-23 continuing easement in the railroad right-of-way after it reverts
2-24 to the adjacent landowners, but that:
2-25 (i) such easement shall be used as authorized by
2-26 law only for railroad or motor vehicle purposes; and
2-27 (ii) the State of Texas must give the fee title
3-1 owner of the servient estate at least two years advance written
3-2 notice before such construction or operation may commence.
3-3 Regardless of whether a notice and copy of the federal
3-4 Surface Transportation Board's order is filed pursuant to
3-5 Subsection (b)(1), the Texas Railroad Commission is deemed by
3-6 operation of law to have performed the administrative and
3-7 ministerial acts stated above within 180 days after the date on
3-8 which rail service is deemed abandoned by the federal Surface
3-9 Transportation Board.
3-10 (d) Prior to the giving of notice referenced in Subsection
3-11 (c)(2)(ii) and the expiration of the subsequent two year period,
3-12 the State of Texas is prohibited from occupying or making any use
3-13 or benefit of its easement, and the fee title owner of the servient
3-14 estate shall have the exclusive right to occupy and make full use
3-15 and benefit of the property encumbered by the easement.
3-16 (e) Each adjacent landowner to whom right-of-way reverts as
3-17 described in this Article acquires the right-of-way subject to any
3-18 existing easements, leases, licenses, or other agreements under
3-19 which a public utility, governmental entity, or political
3-20 subdivision of this State has been granted the right to occupy or
3-21 otherwise utilize the right-of-way by the railroad company that has
3-22 abandoned rail service or such railroad company's predecessor in
3-23 interest. Provided, however, the adjacent landowner shall not be
3-24 required to assume any obligation or liability associated with such
3-25 easement, lease, license or agreement, other than the obligation to
3-26 continue the right of occupancy or use granted thereby to the
3-27 public utility, governmental entity or political subdivision.
4-1 (f) Unless the adjacent landowner to whom right-of-way
4-2 reverts and the railroad company that has abandoned rail service
4-3 provide otherwise by written agreement, any rails, switches, ties,
4-4 or other personal property of the railroad company that remains on
4-5 the right-of-way after the first anniversary of the date the
4-6 federal Surface Transportation Board declares rail service over the
4-7 right-of-way abandoned may be declared a nuisance under common law
4-8 by a court of competent jurisdiction for the county in which the
4-9 property is located.
4-10 (g) Notwithstanding any other law, no liability arising out
4-11 of the ownership of the railroad right-of-way that reverts to
4-12 adjacent landowners as described in this Article or from any act or
4-13 omission occurring while such right-of-way was owned by the
4-14 railroad company or its predecessor(s) in interest shall pass to an
4-15 adjacent landowner to whom the right-of-way reverts.
4-16 SECTION 2. Within 180 days of the effective date of this
4-17 legislation, the Texas Railroad Commission shall adopt rules
4-18 regarding the provisions of Article 6340A(b) & (c); provided,
4-19 however, the provisions of Article 6340A shall remain in full force
4-20 and effect notwithstanding any failure by the Texas Railroad
4-21 Commission to adopt such rules.
4-22 SECTION 3. If a railroad company has received authorization
4-23 to abandon service from the Surface Transportation Board or its
4-24 predecessor(s) prior to the effective date of this legislation, the
4-25 reversion referenced in Article 6340A(a) shall be deemed to have
4-26 occurred on the date upon which rail service was deemed abandoned
4-27 by the Surface Transportation Board or its predecessor(s). Within
5-1 30 days of the effective date of this legislation, such railroad
5-2 company shall file and publish the notices required by Article
5-3 6340A(b); provided, however, the provisions of Article 6340A(c)-(g)
5-4 shall apply notwithstanding the failure of any railroad company to
5-5 file and publish such notices.
5-6 SECTION 4. The provisions of this legislation which
5-7 recognize the reversion of the right-of-way to adjacent landowners
5-8 constitute a codification and clarification of existing judicial
5-9 precedent.
5-10 SECTION 5. This Act shall take effect September 1, 1999.
5-11 SECTION 6. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.