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