80R3204 DWS-D
 
  By: Murphy H.B. No. 2268
 
 
 
   
 
 
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.  Subchapter A, Chapter 224, Transportation Code,
is amended by adding Section 224.0011 to read as follows:
       Sec. 224.0011.  ADVANCE ACQUISITION. (a) Notwithstanding
any other law, the department may contract to acquire real property
for a highway purpose before the location or alignment of the
highway has been determined if the department determines that:
             (1)  it is probable that the property will be necessary
for the construction of the highway; and
             (2)  private development in the area of the property is
likely to make the future acquisition of the property more
expensive or otherwise more difficult.
       (b)  This section does not apply to the acquisition of
property by eminent domain.
       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, 2007.