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A BILL TO BE ENTITLED
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AN ACT
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relating to the eminent domain authority of common carriers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2206.001, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (f) to read as |
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follows: |
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(c) This section does not affect the authority of an entity |
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authorized by law to take private property through the use of |
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eminent domain for: |
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(1) transportation projects, including, but not |
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limited to, railroads, airports, or public roads or highways; |
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(2) entities authorized under Section 59, Article XVI, |
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Texas Constitution, including: |
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(A) port authorities; |
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(B) navigation districts; and |
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(C) any other conservation or reclamation |
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districts that act as ports; |
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(3) water supply, wastewater, flood control, and |
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drainage projects; |
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(4) public buildings, hospitals, and parks; |
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(5) the provision of utility services; |
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(6) a sports and community venue project approved by |
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voters at an election held on or before December 1, 2005, under |
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Chapter 334 or 335, Local Government Code; |
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(7) the operations of: |
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(A) a common carrier [subject to Chapter 111,
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Natural Resources Code, and Section B(3)(b), Article 2.01, Texas
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Business Corporation Act]; or |
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(B) an energy transporter, as that term is |
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defined by Section 186.051, Utilities Code; |
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(8) a purpose authorized by Chapter 181, Utilities |
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Code; |
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(9) underground storage operations subject to Chapter |
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91, Natural Resources Code; |
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(10) a waste disposal project; or |
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(11) a library, museum, or related facility and any |
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infrastructure related to the facility. |
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(f) An exercise of eminent domain authority by a common |
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carrier under Subsection (c)(7) is not invalid solely because the |
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common carrier does not operate as a corporation under the laws of |
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this state. |
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SECTION 2. The change in law made by this Act applies to an |
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exercise of eminent domain authority by a common carrier for which a |
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condemnation petition is filed before, on, or after the effective |
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date of this Act. |
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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, 2009. |