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A BILL TO BE ENTITLED
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AN ACT
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relating to the assessment of damages for certain condemnations by |
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a high-speed rail company. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 112, Transportation Code, |
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is amended by adding Section 112.0531 to read as follows: |
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Sec. 112.0531. DAMAGES IN CONDEMNATION PROCEEDING: |
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HIGH-SPEED RAIL. (a) In this section, "high-speed rail company" |
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means a private railroad company that creates, funds, develops, or |
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operates a rail system capable of providing rail service operating |
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at speeds greater than 100 miles per hour. |
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(b) In assessing damages for a condemnation by a high-speed |
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rail company to which Section 21.042(c), Property Code, applies: |
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(1) Section 21.042(d), Property Code, does not apply; |
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and |
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(2) the special commissioners shall determine the |
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damages to the property owner for: |
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(A) any denial or impairment of access to the |
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property owner's remaining property; and |
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(B) any impairment of: |
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(i) the provision or routing of utilities, |
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including water, electricity, or wastewater, to or on the property |
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owner's remaining property; or |
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(ii) the placement or routing of municipal |
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utility infrastructure on the property owner's remaining property. |
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(c) The enactment of this section does not reflect a |
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determination by the legislature that a high-speed rail company has |
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eminent domain authority and does not constitute a grant of eminent |
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domain authority or a right to enter onto property. |
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SECTION 2. The change in law made by this Act applies only |
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to the assessment of damages in a condemnation proceeding commenced |
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on or 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, 2017. |