This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
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.