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A BILL TO BE ENTITLED
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AN ACT
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relating to real property acquired by advance acquisition for a |
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transportation facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 202.021(b), Transportation Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (c) and Section |
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202.113(b), real property shall be transferred or sold with the |
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following priorities: |
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(1) to a governmental entity with the authority to |
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condemn the property; or |
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(2) to the general public. |
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SECTION 2. Sections 202.112(a) and (d), Transportation |
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Code, are amended to read as follows: |
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(a) The commission may acquire real property or an interest |
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in real property or purchase an option to acquire real property for |
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possible use in or in connection with a transportation facility |
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before: |
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(1) a final decision has been made as to whether the |
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transportation facility will be located on that property; or |
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(2) environmental clearance has been issued for the |
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transportation facility by the appropriate federal or state |
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authority. |
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(d) An option to acquire real property purchased under this |
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section [or Section 227.041] may not expire later than the fifth |
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anniversary of the date the option was purchased and may be renewed |
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for subsequent periods that expire not later than the fifth |
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anniversary of the date the option was renewed, by agreement of the |
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commission and the grantor of the option or the grantor's heirs or |
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assigns. |
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SECTION 3. Section 202.113, Transportation Code, is amended |
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to read as follows: |
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Sec. 202.113. DISPOSAL OF SURPLUS PROPERTY. (a) Except as |
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provided by Subsection (b), the [The] commission shall dispose of |
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property acquired by advance acquisition that is not needed for a |
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transportation facility in the manner provided by Subchapter B. |
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(b) Notwithstanding any other law, the commission first |
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shall offer property described by Subsection (a) for sale to the |
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person from whom the commission acquired the property at a price |
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that is equal to the lesser of: |
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(1) the price the commission paid the person to |
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acquire the property; or |
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(2) the fair market value of the property at the time |
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it is offered for sale under this subsection, taking into account |
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any damage to the property. |
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SECTION 4. 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. |