By:  Pitts                                                        H.B. No. 2921



A BILL TO BE ENTITLED

AN ACT

relating to the condemnation of certain property for railroad 
purposes.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 6, Title 112, Revised Statutes, is 
amended by adding Article 6336a to read as follows:
	Art. 6336a.  LOCAL REGULATIONS OF RESIDENTIAL PROPERTY.  (a)  
This article applies only to the condemnation of property for a 
terminal switching railroad handling fewer than 4,000 but more than 
3,000 carloads a year that operates in a county with a population of 
130,000 or less that does not contain a portion of a national 
forest.
	(b)  The power to condemn property given to a railroad 
company under this title, including Articles 6316a, 6336, and 6351, 
does not apply to any property used for or designated under local 
zoning regulations for residential use unless the use of the 
condemned property is authorized under or in conformity with local 
zoning or development regulations.
	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, 2005.