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.