By Turner of Coleman                                  H.B. No. 1886
         76R8089 T                           
                                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 the federal
 1-8     Surface Transportation Board declares rail service abandoned for a
 1-9     railroad or portion of a railroad located within the State of
1-10     Texas, title to the railroad right-of-way for which rail service
1-11     has been declared abandoned within the State of Texas shall revert
1-12     to the current fee title owner of the land immediately adjacent to
1-13     the right-of-way up to the center line of the right-of-way, unless
1-14     the right-of-way has been sold to another railroad company or a
1-15     rural rail district for purposes of providing freight or passenger
1-16     railroad service.
1-17           (b)  Not later than the 45th day after the date the federal
1-18     Surface Transportation Board declares rail service abandoned over
1-19     right-of-way described by Subsection (a) of this article, the
1-20     railroad company that has abandoned rail service shall take the
1-21     following actions in each county in which the right-of-way is
1-22     located:
1-23                 (1)  file notice of abandonment and the reversion of
1-24     title in the county deed records;
 2-1                 (2)  publish notice of the abandonment and the
 2-2     reversion of title in a newspaper of general circulation in the
 2-3     county.
 2-4           (c)  Each notice required by Subsection (b) of this article
 2-5     shall generally describe the abandoned right-of-way.
 2-6           (d)  Each adjacent landowner to whom the right-of-way reverts
 2-7     in accordance with this article is deemed to acquire the
 2-8     right-of-way subject to any existing easements, leases, licenses,
 2-9     or other agreements under which a public utility, governmental
2-10     entity, or political subdivision of this state has been granted the
2-11     right to occupy or otherwise utilize the right-of-way by the
2-12     railroad company that has abandoned rail service or its predecessor
2-13     in interest.  Provided, however, the adjacent landowner shall not
2-14     be required to assume any obligation or liability associated with
2-15     such easement, lease, license or agreement, other than the mere
2-16     obligation to continue the right of occupancy or use granted
2-17     thereby to the public utility, governmental entity or political
2-18     subdivision.
2-19           (e)  Unless the adjacent landowner to whom the right-of-way
2-20     reverts and the railroad company that has abandoned rail service
2-21     provide otherwise by written agreement, any rails, switches, ties,
2-22     or other personal property of the railroad company that remains on
2-23     the right-of-way after the first anniversary of the date the
2-24     federal Surface Transportation Board declares rail service over the
2-25     right-of-way abandoned may be declared a nuisance under common law
2-26     by a court of competent jurisdiction for the county in which the
2-27     property is located.
 3-1           (f)  Notwithstanding any other law, liability for any act or
 3-2     omission, including strict liability, related to right-of-way that
 3-3     has reverted in accordance with this article does not pass to an
 3-4     adjacent landowner to whom the right-of-way reverts.
 3-5           SECTION 2.  The provisions of this legislation which
 3-6     recognize the reversion of the right-of-way to adjacent landowners
 3-7     constitutes a codification and clarification of existing judicial
 3-8     precedent.
 3-9           SECTION 3.  This Act shall take effect September 1, 1999.
3-10           SECTION 4.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended.