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