By: Krusee, Gattis, Mercer H.B. No. 156
A BILL TO BE ENTITLED
AN ACT
relating to the grant of the power of eminent domain to a regional
mobility authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.003, Transportation Code, is amended
by adding Subsection (m) to read as follows:
(m) The governing body of a regional mobility authority has
the same powers and duties that the commission and the department
have under Subchapter D relating to the condemnation or purchase of
real property, except that the governing body of the regional
mobility authority may acquire real property by the exercise of the
power of condemnation only if the real property is located in a
county that is part of the regional mobility authority, or if the
real property is not located within a county that is part of the
regional mobility authority, the governing body of the regional
mobility authority may acquire the real property by the exercise of
the power of condemnation only with the approval of the county
commissioners court of the county in which the real property is
located. Notwithstanding Section 361.135(a), the concurrence of
the commission is not a prerequisite to the exercise of the power of
condemnation by the governing body of the regional mobility
authority.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.