By Swinford                                           H.B. No. 1125
         77R12350 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to transfer of certain railroad right-of-way.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Title 112, Revised Statutes, is amended by adding
 1-5     Article 6349a to read as follows:
 1-6           Art. 6349a.  PURCHASE OF RIGHT-OF-WAY.  (a)  Except as
 1-7     provided by Subsection (d), a railroad company that intends to
 1-8     abandon or offer for sale any of the railroad company's
 1-9     right-of-way shall give any person who has constructed a building
1-10     or other structure, installed equipment, or made any other type of
1-11     leasehold improvement on railroad right-of-way of the company or
1-12     adjoining railroad property the right of first refusal to purchase,
1-13     at the fair market value of the land as determined by an
1-14     independent appraiser, the right-of-way or adjoining property where
1-15     the structure, equipment, or other improvement is located.
1-16           (b)  The land subject to purchase under this article is that
1-17     which is necessary for unrestricted use of the structure,
1-18     equipment, or other leasehold improvement.
1-19           (c)  Ownership of the structure, equipment, or other
1-20     leasehold improvement shall be transferred at no cost to a person
1-21     buying the land under Subsection (a) of this article.
1-22           (d)  If the state has authority to acquire property described
1-23     by Subsection (a), the state shall be given right of first refusal
1-24     to acquire the property and the person described by Subsection (a)
 2-1     shall be given the next right of refusal after the state.
 2-2           SECTION 2. This Act takes effect September 1, 2001.