BILL ANALYSIS |
S.B. 444 |
By: Hall |
Transportation |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
Interested parties note that previously enacted legislation repealed a law granting private toll road entities the power of eminent domain. However, the parties explain that a grandfather provision in the law authorized a private toll road corporation that was formed before a certain date to retain its existing powers, including that eminent domain power. S.B. 444 seeks to address this issue and prohibit certain corporations from exercising that power.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
S.B. 444 amends the Transportation Code to prohibit a corporation that has the powers, rights, and privileges of a corporation under previous law from exercising the power of eminent domain granted under that previous law but to exempt from this prohibition a corporation in existence on August 31, 1991, that was created by the state or one or more counties or municipalities to implement a transportation project in a county with a population of 500,000 or more or a county adjacent to a county with such a population.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
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