78R5523 MTB-D

By:  Davis of Harris                                              H.B. No. 1404



A BILL TO BE ENTITLED

AN ACT

relating to the construction of rail lines over public lands.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 6317, Revised Statutes, is amended to 
read as follows:   
	Art. 6317.  RIGHT OF WAY OVER PUBLIC LANDS.  (a)  Except as 
provided by Subsection (b), every [Every] such corporation shall 
have the right of way for its line of road through and over any lands 
belonging to this State, and to use any earth, timber, stone or 
other material upon any such land necessary to the construction and 
operation of its road through or over said land.
	(b)  The state may not grant an easement over a state-owned 
body of water for the construction of a rail line if any point on the 
proposed rail line is located within one-half mile of:
		(1)  a school;                                                         
		(2)  50 or more residential dwelling units; or                         
		(3)  10 or more nonindustrial businesses.                              
	SECTION 2.  Article 6336, Revised Statutes, is amended to 
read as follows:   
	Art. 6336.  WHEN CORPORATION AND OWNER DISAGREE.  If any 
railroad corporation shall at any time be unable to agree with the 
owner for the purchase of any real estate, or material thereon, 
required for the purpose of its incorporation or the transaction of 
its business, for its depots, station buildings, machine and repair 
shops, for the construction of reservoirs for the water supply, or 
for the right of way, or for a new or additional right of way, for 
change, or relocation or road bed, to shorten the line, or any part 
thereof, or to reduce its grades, or any of them, or for double 
tracking its railroad or constructing and operating its tracks, 
which is hereby authorized and permitted, or for any other lawful 
purpose connected with or necessary to the building, operating or 
running its road, such corporation may acquire such property by 
condemnation thereof.  The limitation in width prescribed by 
Article 6319 shall not apply to real estate or any interest therein, 
required for the purposes herein mentioned, other than right of 
way, and shall not apply to right of way when necessary for double 
tracking or constructing or adding additional railroad tracks, and 
real estate, or any interest therein, to be acquired for such other 
purposes, or any of them, need not adjoin or abut on the right way, 
and no change of the line through any city or town, or which shall 
result in the abandonment of any station or depot, shall be made, 
except upon written order of the Railroad Commission of Texas, 
authorizing such change.  No railroad corporation shall have the 
right under this law to condemn any land for the purposes mentioned 
in this article situated more than two miles from the right of way 
of such railroad corporation. No railroad corporation shall have 
the right under this law to condemn any land for the purposes 
mentioned in this article owned by a political subdivision with a 
population of more than 1,950,000.
	SECTION 3.  This Act takes effect September 1, 2003.