By Armbrister                                         S.B. No. 1356
         77R7776 MTB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Texas Transportation Commission to
 1-3     condemn certain protected property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 51.005, Transportation Code, is amended by
 1-6     amending Subsection (b) and adding Subsection (d) to read as
 1-7     follows:
 1-8           (b)  The commission may not:
 1-9                 (1)  acquire oil, gas, sulphur, or other minerals that
1-10     may be recovered without using the surface of land acquired by the
1-11     commission for exploration, drilling, or mining purposes; [or]
1-12                 (2)  condemn any submerged public land under the
1-13     jurisdiction of the School Land Board; or
1-14                 (3)  condemn property that is subject to a habitat
1-15     conservation plan and that is owned by a participant in the plan.
1-16           (d)  In this section, "habitat conservation plan" has the
1-17     meaning assigned by Section 83.011, Parks and Wildlife Code.
1-18           SECTION 2. This Act takes effect September 1, 2001.