| 1 | 1 | | 81R4145 PMO-D |
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| 2 | 2 | | By: Corte H.B. No. 1125 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eminent domain authority of common carriers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2206.001, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (c) and adding Subsection (f) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (c) This section does not affect the authority of an entity |
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| 13 | 13 | | authorized by law to take private property through the use of |
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| 14 | 14 | | eminent domain for: |
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| 15 | 15 | | (1) transportation projects, including, but not |
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| 16 | 16 | | limited to, railroads, airports, or public roads or highways; |
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| 17 | 17 | | (2) entities authorized under Section 59, Article XVI, |
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| 18 | 18 | | Texas Constitution, including: |
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| 19 | 19 | | (A) port authorities; |
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| 20 | 20 | | (B) navigation districts; and |
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| 21 | 21 | | (C) any other conservation or reclamation |
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| 22 | 22 | | districts that act as ports; |
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| 23 | 23 | | (3) water supply, wastewater, flood control, and |
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| 24 | 24 | | drainage projects; |
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| 25 | 25 | | (4) public buildings, hospitals, and parks; |
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| 26 | 26 | | (5) the provision of utility services; |
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| 27 | 27 | | (6) a sports and community venue project approved by |
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| 28 | 28 | | voters at an election held on or before December 1, 2005, under |
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| 29 | 29 | | Chapter 334 or 335, Local Government Code; |
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| 30 | 30 | | (7) the operations of: |
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| 31 | 31 | | (A) a common carrier [subject to Chapter 111, |
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| 32 | 32 | | Natural Resources Code, and Section B(3)(b), Article 2.01, Texas |
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| 33 | 33 | | Business Corporation Act]; or |
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| 34 | 34 | | (B) an energy transporter, as that term is |
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| 35 | 35 | | defined by Section 186.051, Utilities Code; |
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| 36 | 36 | | (8) a purpose authorized by Chapter 181, Utilities |
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| 37 | 37 | | Code; |
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| 38 | 38 | | (9) underground storage operations subject to Chapter |
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| 39 | 39 | | 91, Natural Resources Code; |
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| 40 | 40 | | (10) a waste disposal project; or |
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| 41 | 41 | | (11) a library, museum, or related facility and any |
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| 42 | 42 | | infrastructure related to the facility. |
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| 43 | 43 | | (f) An exercise of eminent domain authority by a common |
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| 44 | 44 | | carrier under Subsection (c)(7) is not invalid solely because the |
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| 45 | 45 | | common carrier does not operate as a corporation under the laws of |
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| 46 | 46 | | this state. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies to an |
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| 48 | 48 | | exercise of eminent domain authority by a common carrier for which a |
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| 49 | 49 | | condemnation petition is filed before, on, or after the effective |
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| 50 | 50 | | date of this Act. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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