Amend CSSB 62 by striking SECTION 2 of the bill (committee 

printing page 2, line 27 through page 3, line 15), substituting the 

following, and renumbering subsequent SECTIONS of the bill 

accordingly:

	SECTION 2.  Section 203.052, Transportation Code, as amended 

by HB 2702, Acts of the 79th Legislature, Regular Session, 2005, is 

amended by amending Subsection (b) and adding Subsection (c) to 

read as follows:

	(b)  Property necessary or convenient to a state highway for 

purposes of Subsection (a) includes an interest in real property, a 

property right, or a material that the commission determines is 

necessary or convenient to:

		(1)  protect a state highway;                                                 

		(2)  drain a state highway;                                                   

		(3)  divert a stream, river, or other watercourse from 

the right-of-way of a state highway;

		(4)  store materials or equipment for use or used in the 

construction or maintenance of a state highway;

		(5)  construct or operate a warehouse or other facility 

used in connection with the construction, maintenance, or operation 

of a state highway;

		(6)  lay out, construct, or maintain a roadside park;                         

		(7)  lay out, construct, or maintain a parking lot that 

will contribute to maximum use of a state highway with the least 

possible congestion;

		(8)  mitigate an adverse environmental effect that 

directly results from construction or maintenance of a state 

highway;

		(9)  subject to Subsection (c), provide a location for 

an ancillary facility that is anticipated to generate revenue for 

use in the design, development, financing, construction, 

maintenance, or operation of a toll project, including a gas 

station, garage, store, hotel, restaurant, or other commercial 

facility;

		(10)  construct or operate a toll booth, toll plaza, 

service center, or other facility used in connection with the 

construction, maintenance, or operation of a toll project; or

		(11)  accomplish any other purpose related to the 

location, construction, improvement, maintenance, beautification, 

preservation, or operation of a state highway.

	(c)  The commission may not acquire property for an ancillary 

facility through the exercise of eminent domain.

	SECTION 3.  Section 227.041(b), Transportation Code, as 

amended by HB 2702, Acts of the 79th Legislature, Regular Session, 

2005, is amended to read as follows:

	(b)  An interest in real property or a property right is 

necessary or convenient for the construction or operation of a 

facility if it is located in or contiguous to an existing or planned 

segment of the Trans-Texas Corridor or is needed for mitigation of 

adverse environmental effects, and if its acquisition will further 

the primary purposes of the Trans-Texas Corridor.  Primary purposes 

include:

		(1)  providing right-of-way or a location for a 

facility;                   

		(2)  providing land for mitigation of adverse 

environmental effects;        

		(3)  providing buffer zones for scenic or safety 

purposes;                  

		(4)  allowing for possible future expansion of any 

facility; and            

		(5)  subject to Section 203.052(c), providing a 

location for a gas station, convenience store, or similar ancillary 

facility.

	SECTION 4.  Section 227.041(e), Transportation Code, as 

added by HB 2702, Acts of the 79th Legislature, Regular Session, 

2005, is repealed.