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A BILL TO BE ENTITLED
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AN ACT
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relating to limitations on the applicability of certain statutes to |
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high-speed rail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 112.002, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A railroad company may: |
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(1) sue, be sued, plead, and be impleaded in its |
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corporate name; |
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(2) have and use a seal and alter the seal at will; |
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(3) receive and convey persons and property on its |
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railway by any mechanical power, including the use of steam; |
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(4) regulate the time and manner in which, and the |
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compensation for which, passengers and property are transported, |
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subject to the provisions of law; |
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(5) except as provided by Subsection (c), exercise the |
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power of eminent domain for the purposes prescribed by this |
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subtitle or Subtitle D; |
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(6) purchase, hold, and use all property as necessary |
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for the construction and use of its railway, stations, and other |
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accommodations necessary to accomplish company objectives, and |
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convey that property when no longer required for railway use; and |
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(7) take, hold, and use property granted to the |
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company to aid in the construction and use of its railway, and |
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convey that property in a manner consistent with the terms of the |
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grant when the property is no longer required for railway use. |
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(c) A private entity may not exercise the power of eminent |
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domain for the purpose of developing or operating high-speed rail, |
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as defined by Section 111.103, 112.201, or 199.003. |
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SECTION 2. Subchapter B, Chapter 131, Transportation Code, |
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is amended by adding Section 131.0115 to read as follows: |
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Sec. 131.0115. INAPPLICABILITY TO HIGH-SPEED RAIL. This |
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subchapter does not apply to high-speed rail, as defined by Section |
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111.103, 112.201, or 199.003. |
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SECTION 3. This Act takes effect September 1, 2023. |