|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the acquisition and disposition of real property |
|
intended for high-speed rail projects. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 112.002, Transportation Code, is amended |
|
by amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) A railroad company may: |
|
(1) sue, be sued, plead, and be impleaded in its |
|
corporate name; |
|
(2) have and use a seal and alter the seal at will; |
|
(3) receive and convey persons and property on its |
|
railway by any mechanical power, including the use of steam; |
|
(4) regulate the time and manner in which, and the |
|
compensation for which, passengers and property are transported, |
|
subject to the provisions of law; |
|
(5) except as provided by Subsection (c), exercise the |
|
power of eminent domain for the purposes prescribed by this |
|
subtitle or Subtitle D; |
|
(6) purchase, hold, and use all property as necessary |
|
for the construction and use of its railway, stations, and other |
|
accommodations necessary to accomplish company objectives, and |
|
convey that property when no longer required for railway use; and |
|
(7) take, hold, and use property granted to the |
|
company to aid in the construction and use of its railway, and |
|
convey that property in a manner consistent with the terms of the |
|
grant when the property is no longer required for railway use. |
|
(c) A private entity may not exercise the power of eminent |
|
domain for the purpose of developing or operating a high-speed rail |
|
project. In this section, "high-speed rail" means intercity |
|
passenger service that is reasonably expected to reach speeds of at |
|
least 110 miles per hour. |
|
SECTION 2. Subchapter B, Chapter 112, Transportation Code, |
|
is amended by adding Section 112.063 to read as follows: |
|
Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR |
|
HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail" |
|
means intercity passenger service that is reasonably expected to |
|
reach speeds of at least 110 miles per hour. |
|
(b) A private entity that operates or plans to operate a |
|
high-speed rail project and acquires real property for a high-speed |
|
rail project through the threat of condemnation: |
|
(1) may not use the property for any purpose other than |
|
a high-speed rail project; and |
|
(2) if the property is not used for a high-speed rail |
|
project, may not convey the property to any person unless the former |
|
property owner is given notice and opportunity to repurchase the |
|
property. |
|
SECTION 3. Section 112.063, Transportation Code, as added |
|
by this Act, applies only to real property acquired on or after |
|
September 1, 2017. |
|
SECTION 4. This Act takes effect September 1, 2017. |