By:  Pitts (Senate Sponsor - Averitt)                             H.B. No. 2921
	(In the Senate - Received from the House April 18, 2005; 
April 19, 2005, read first time and referred to Committee on 
Transportation and Homeland Security; May 11, 2005, reported 
adversely, with favorable Committee Substitute by the following 
vote:  Yeas 7, Nays 0; May 11, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2921                                   By:  Barrientos


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 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.



* * * * *