H.B. No. 2921
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 FOR RESIDENTIAL PROPERTY.
(a) This article applies only to the condemnation of property for a
terminal switching railroad handling fewer than 10,000 but more
than 3,000 carloads a year that operates in a single county with a
population of 110,000 or more that is not adjacent to the Texas
border and 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2921 was passed by the House on April
14, 2005, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2921 on May 23, 2005, by the following vote: Yeas 136, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2921 was passed by the Senate, with
amendments, on May 19, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor