By Kuempel H.B. No. 2684
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the condemnation authority of the Texas Department of
1-3 Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.005, Transportation Code, is amended to
1-6 read as follows:
1-7 Sec. 51.005. Land Acquisition. (a) The commission may
1-8 acquire by gift, purchase, or condemnation property or an interest
1-9 in property that the commission considers necessary to enable it to
1-10 meet its responsibilities under this chapter, including easement,
1-11 and rights-of-way for dredge material disposal sites or channel
1-12 alteration.
1-13 (b) The commission may not:
1-14 (1) acquire oil, gas, sulphur, or other minerals that
1-15 may be recovered without using the surface of land acquired by the
1-16 commission for exploration, drilling, or mining purposes; [or]
1-17 (2) condemn any property that belongs to a permittee
1-18 or subpermittee under a Federal Fish and Wildlife permit and that
1-19 is part of a habitat conservation plan to restore or manage an
1-20 endangered species; or
1-21 (3) condemn any submerged public land under the
1-22 jurisdiction of the School Land Board.
2-1 SECTION 2. This Act takes effect September 1, 2001.