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.