H.B. No. 2646
 
 
 
 
AN ACT
  relating to real property acquired by advance acquisition for a
  transportation facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 202.021(b), Transportation Code, is
  amended to read as follows:
         (b)  Except as provided by Subsection (c) and Section
  202.113(b), real property shall be transferred or sold with the
  following priorities:
               (1)  to a governmental entity with the authority to
  condemn the property; or
               (2)  to the general public.
         SECTION 2.  Sections 202.112(a) and (d), Transportation
  Code, are amended to read as follows:
         (a)  The commission may acquire real property or an interest
  in real property or purchase an option to acquire real property for
  possible use in or in connection with a transportation facility
  before:
               (1)  a final decision has been made as to whether the
  transportation facility will be located on that property; or
               (2)  environmental clearance has been issued for the
  transportation facility by the appropriate federal or state
  authority.
         (d)  An option to acquire real property purchased under this
  section [or Section 227.041] may not expire later than the fifth
  anniversary of the date the option was purchased and may be renewed
  for subsequent periods that expire not later than the fifth
  anniversary of the date the option was renewed, by agreement of the
  commission and the grantor of the option or the grantor's heirs or
  assigns.
         SECTION 3.  Section 202.113, Transportation Code, is amended
  to read as follows:
         Sec. 202.113.  DISPOSAL OF SURPLUS PROPERTY. (a) Except as
  provided by Subsection (b), the [The] commission shall dispose of
  property acquired by advance acquisition that is not needed for a
  transportation facility in the manner provided by Subchapter B.
         (b)  Notwithstanding any other law, the commission first
  shall offer property described by Subsection (a) for sale to the
  person from whom the commission acquired the property at a price
  that is equal to the lesser of:
               (1)  the price the commission paid the person to
  acquire the property; or
               (2)  the fair market value of the property at the time
  it is offered for sale under this subsection, taking into account
  any damage to the property.
         SECTION 4.  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, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2646 was passed by the House on May 4,
  2017, by the following vote:  Yeas 132, Nays 8, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2646 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor