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.