H.B. No. 156
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 Subsections (m)-(r) to read as follows:
(m) Except as otherwise provided in this section, 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. 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.
(n) The governing body of a regional mobility authority may
acquire real property by the exercise of the power of condemnation
only if:
(1) the real property is located in a county that is
part of the regional mobility authority; or
(2) the real property is not located within a county
that is part of the regional mobility authority and the
commissioners court of the county in which the real property is
located concurs in the exercise of the power of eminent domain to
acquire the property.
(o) Subsection (m) does not authorize the governing body of
a regional mobility authority to condemn or purchase real property
of a rapid transit authority operating under Chapter 451,
Transportation Code, that was confirmed before July 1, 1985, and in
which the principal municipality has a population of less than
750,000, unless the governing body of the regional mobility
authority has entered into a written agreement with the governing
body of the rapid transit authority specifying the terms and
conditions under which the condemnation or purchase of the real
property will occur.
(p) The governing body of a regional mobility authority may
not file a declaration of taking as provided by Section 361.137 or
take possession of property as provided by Section 361.138.
(q) With respect to a transportation project that is subject
to Subpart C, 23 C.F.R. Part 450, a power granted by Subsection (m)
may only be used if the transportation project for which property
will be condemned or purchased is:
(1) included in the plan approved by the applicable
metropolitan planning organization; and
(2) consistent with the statewide transportation plan
and the statewide transportation improvement plan.
(r) A regional mobility authority may not condemn a bridge
that is owned by a municipality or county and connects this state
with the United Mexican States.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 156 was passed by the House on April
1, 2003, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 156 on May 24, 2003, by the following vote: Yeas 133, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 156 was passed by the Senate, with
amendments, on May 22, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor