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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain mineral interests from the |
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property interests that may be condemned by a regional tollway |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.165, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) An authority shall, in a statement or petition in |
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condemnation, exclude from the interest to be condemned all the |
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oil, gas, and sulphur that can be removed from beneath the real |
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property. This exclusion shall be made without providing the owner |
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of the oil, gas, or sulphur any right of ingress or egress to or from |
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the surface of the land to explore, develop, drill, or mine the real |
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property. |
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SECTION 2. The change in law made by this Act applies only |
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to a condemnation in which a condemnation petition is filed on or |
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after the effective 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, 2013. |