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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of obsolete statutes regulating railroads. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 112, Revised Statutes, is amended by |
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adding Article 6259a to read as follows: |
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Art. 6259a. DEFINITION. In this title, a reference to a |
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railroad corporation or a railroad company means: |
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(1) a railroad incorporated under this title before |
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September 1, 2007; or |
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(2) any other legal entity operating a railroad in |
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this state, including an entity organized under the Texas Business |
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Corporation Act or the Texas Corporation Law provisions of the |
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Business Organizations Code. |
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SECTION 2. Article 6336, Revised Statutes, is amended to |
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read as follows: |
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Art. 6336. WHEN CORPORATION AND OWNER DISAGREE. (a) A [If
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any] railroad corporation may acquire property by condemnation if |
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the corporation cannot [shall at any time be unable to] agree with |
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the owner for the purchase of the property and the property is [any
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real estate, or material thereon,] required for the following |
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purposes: |
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(1) the [purpose of its] incorporation of the |
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railroad; |
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(2) [or] the transaction of railroad corporation [its] |
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business; |
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(3) [, for its] depots, station buildings, and machine |
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and repair shops; |
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(4) [, for] the construction of reservoirs for the |
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water supply; |
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(5) [, or for] the right of way, or [for a] new or |
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additional right of way; |
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(6) a [, for] change[,] or relocation; |
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(7) a [or] road bed; |
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(8) shortening a [, to shorten the] line; |
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(9) reducing [, or any part thereof, or to reduce its] |
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grades; |
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(10) [, or any of them, or for] double tracking the |
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[its] railroad or constructing and operating [its] tracks; or |
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(11) [, which is hereby authorized and permitted, or
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for] any other [lawful] purpose connected with or necessary to the |
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building, operating, or running of the railroad [its road, such
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corporation may acquire such property by condemnation thereof. The
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limitation in width prescribed by Article 6319 shall not apply to
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real estate or any interest therein, required for the purposes
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herein mentioned, other than right of way, and shall not apply to
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right of way when necessary for double tracking or constructing or
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adding additional railroad tracks, and real estate, or any interest
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therein, to be acquired for such other purposes, or any of them,
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need not adjoin or abut on the right way, and no change of the line
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through any city or town, or which shall result in the abandonment
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of any station or depot, shall be made, except upon written order of
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the Railroad Commission of Texas, authorizing such change]. |
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(b) A [No] railroad corporation may not [shall have the
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right under this law to] condemn property under [any land for the
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purposes mentioned in] this article that is located [situated] more |
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than two miles from the right of way of the [such] railroad |
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corporation. |
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SECTION 3. Article 6351, Revised Statutes, is amended to |
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read as follows: |
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Art. 6351. EMINENT DOMAIN. A [When any] railroad |
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corporation or a receiver [receivers] of a [any] railroad that |
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changes, relocates, or abandons a [shall have been empowered under
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the provisions of this law to change, relocate or abandon its] line |
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of railroad in this State may [, it shall have full power to] |
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acquire by condemnation or otherwise all lands for right of way, |
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depot grounds, shops, roundhouses, water supply sites, sidings, |
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switches, spurs or any other [lawful] purposes connected with or |
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necessary to the building, operating or running of the railroad, |
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[its road] as changed, relocated or abandoned; provided[, however,] |
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that [all] property [so] acquired under this article is [hereby] |
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declared [to be] for and [is] charged with public use [so far as the
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same may be necessary]. |
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SECTION 4. Article 6445(a), Revised Statutes, is amended to |
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read as follows: |
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(a) To the extent not preempted by federal law, [Power and
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authority are hereby conferred upon] the Texas Department of |
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Transportation: |
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(1) has power and authority over: |
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(A) [all] railroads, including [and] suburban, |
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belt and terminal railroads; |
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(B) [, and over all] public wharves, docks, |
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piers, elevators, warehouses, sheds, tracks and other property used |
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in connection with railroads; [therewith in this State,] and |
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(C) [over all] persons, associations and |
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corporations, private or municipal, owning or operating a [such] |
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railroad, or a wharf, dock, pier, elevator, warehouse, shed, track |
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or other property used in connection with a railroad; and |
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(2) shall [to fix, and it is hereby made the duty of
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the said department to adopt all necessary rates, charges and
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regulations, to] govern and regulate those [such] railroads, |
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persons, associations and corporations[, and to correct abuses and
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prevent unjust discrimination in the rates, charges and tolls of
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such railroads, persons, associations and corporations, and to fix
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division of rates, charges and regulations between railroads and
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other utilities and common carriers where a division is proper and
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correct,] and [to] prevent [any and all other] abuses in the conduct |
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of their business [and to do and perform such other duties and
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details in connection therewith as may be provided by law]. |
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SECTION 5. The following are repealed: |
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(1) Articles 6259, 6260, 6261, 6262, 6263, 6264, 6265, |
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6266, 6267, 6268, 6269, 6270, 6271, 6272, 6273, and 6274, Revised |
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Statutes; |
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(2) Articles 6275, 6276, 6277, 6278, 6279, 6280, 6281, |
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6282, 6283, 6284, 6285, 6286, and 6287, Revised Statutes; |
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(3) Articles 6288, 6289, 6290, 6291, 6292, and 6293, |
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Revised Statutes; |
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(4) Articles 6294, 6295, 6296, 6297, 6298, 6299, 6300, |
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6301, 6302, 6303, 6304, 6305, 6306, 6307, and 6308, Revised |
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Statutes; |
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(5) Articles 6309, 6310, 6311, 6312, 6313, 6314, and |
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6315, Revised Statutes; |
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(6)(A) Articles 6316, 6317, 6319, 6321, 6322, 6323, |
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6325, 6328, 6329, 6330, 6331, 6332, 6333, 6334, 6335, and 6340, |
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Revised Statutes; and |
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(B) Chapter 73, Acts of the 39th Legislature, |
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Regular Session, 1925 (Article 6316a, Vernon's Texas Civil |
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Statutes); |
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(7) Articles 6342, 6343, 6344, 6345, 6346, 6347, 6348, |
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6349, 6350, 6352, and 6353, Revised Statutes; |
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(8)(A) Articles 6354, 6355, 6356, 6357, 6358, 6359, |
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6360, 6361, 6362, 6363, 6364, 6365, 6368, 6369, 6372, 6373, 6374, |
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6375, 6376, 6379, 6380, 6381, 6382, 6383, 6384, 6385, 6386, 6387, |
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6388, 6389, 6390, 6391, 6392, 6393, 6394, 6395, 6396, 6397, 6398, |
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6399, 6401, 6403, 6404, 6405, 6406, 6407, 6408, 6409, 6410, 6411, |
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6412, 6413, 6414, 6415, 6416, 6418, and 6419, Revised Statutes; |
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(B) Chapter 33, Acts of the 69th Legislature, |
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Regular Session, 1985 (Article 6398a, Vernon's Texas Civil |
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Statutes); |
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(C) Chapter 240, Acts of the 40th Legislature, |
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Regular Session, 1927 (Article 6418a, Vernon's Texas Civil |
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Statutes); and |
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(D) Chapter 296, Acts of the 41st Legislature, |
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Regular Session, 1929 (Article 6418b, Vernon's Texas Civil |
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Statutes); |
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(9) Articles 6421, 6422, 6423, 6424, 6425, 6426, 6427, |
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6428, 6429, 6430, and 6431, Revised Statutes; |
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(10)(A) Articles 6448, 6449, 6450, 6451, 6452, 6453, |
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6454, 6455, 6456, 6457, 6458, 6459, 6460, 6461, 6462, 6463, 6466, |
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6469, 6470, 6471, 6472, 6473, 6474, 6478, 6479, 6480, 6481, 6482, |
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6483, 6484, 6485, 6486, 6487, 6488, 6489, 6490, 6491, 6492, 6493, |
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6494, 6495, 6496, 6497, 6498, 6499, 6500, 6501, 6502, 6503, 6504, |
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6505, 6506, 6507, 6508, 6509, 6510, 6511, 6512, 6513, 6514, 6515, |
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6516, 6517, 6518, and 6519, Revised Statutes; |
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(B) Chapter 43, Acts of the 41st Legislature, 5th |
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Called Session, 1930 (Article 6472a, Vernon's Texas Civil |
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Statutes); |
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(C) Chapter 127, Acts of 56th Legislature, |
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Regular Session, 1959 (Article 6478a, Vernon's Texas Civil |
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Statutes); and |
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(D) Chapter 110, Acts of the 43rd Legislature, |
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Regular Session, 1933 (Article 6479a, Vernon's Texas Civil |
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Statutes); |
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(11) Articles 6520, 6521, 6522, 6523, 6524, 6525, |
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6526, 6527, 6528, 6529, 6530, 6531, 6532, 6533, and 6534, Revised |
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Statutes; |
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(12) Articles 6551, 6552, 6553, and 6554, Revised |
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Statutes; and |
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(13)(A) Articles 6555, 6556, 6557, 6558, and 6559, |
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Revised Statutes; and |
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(B) the following Acts and articles as compiled |
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in Vernon's Texas Civil Statutes: 6559g-1, 6559g-2, 6559h-1, |
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6559h-2, 6559h-3, 6559h-4, 6559h-5, 6559h-6, 6559h-7, 6559h-8, |
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6559h-9, 6559h-10, 6559h-11, 6559i-3, 6559i-4, 6559i-5, 6559i-6, |
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and 6559i-7. |
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SECTION 6. A railroad incorporated under Title 112, Revised |
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Statutes, before the effective date of this Act: |
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(1) is not affected by the repeal under this Act of the |
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laws involving incorporation under that title; and |
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(2) is governed by the laws involving the |
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incorporation of railroads in effect immediately before the |
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effective date of this Act, and the former laws are continued in |
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effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2007. |