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A BILL TO BE ENTITLED
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AN ACT
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relating to certain acquisitions of real property by the Texas |
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Department of Transportation for highway purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 202.112, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) The commission may purchase an interest in real |
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property, including a fee title, an easement, or a leasehold, or an |
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option to acquire a fee title or a lesser interest in real property |
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that is identified for possible use in or in connection with a |
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transportation facility, including a facility as defined by Section |
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227.001, before a final decision has been made as to whether the |
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transportation facility will be located on that property. |
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(e) Section 201.604 does not apply to an acquisition under |
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this section. The commission by rule shall provide for the |
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department's environmental review of the specific property to be |
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acquired in advance of completion of the environmental review for |
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the planned transportation project. |
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SECTION 2. Section 227.041(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as otherwise provided by this subchapter, the |
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commission has the same powers and duties relating to the |
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condemnation and acquisition of real property for a facility of the |
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Trans-Texas Corridor that the commission and the department have |
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relating to the condemnation or purchase of real property under |
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Subchapter D, Chapter 203, for a toll project. [The commission may
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purchase an option to purchase property, other than real property,
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a property right, or a right-of-way used for a public utility
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facility, that the commission is considering for possible use as
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part of the Trans-Texas Corridor even if it has not been finally
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decided that the Trans-Texas Corridor will be located on that
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property. An option to purchase may be purchased along alternative
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potential routes for the Trans-Texas Corridor even if only one of
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those potential routes will be selected as the final route.] |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |