81R4145 PMO-D
By: Corte H.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
relating to the eminent domain authority of common carriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2206.001, Government Code, is amended by
amending Subsection (c) and adding Subsection (f) to read as
follows:
(c) This section does not affect the authority of an entity
authorized by law to take private property through the use of
eminent domain for:
(1) transportation projects, including, but not
limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI,
Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation
districts that act as ports;
(3) water supply, wastewater, flood control, and
drainage projects;
(4) public buildings, hospitals, and parks;
(5) the provision of utility services;
(6) a sports and community venue project approved by
voters at an election held on or before December 1, 2005, under
Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier [subject to Chapter 111,
Natural Resources Code, and Section B(3)(b), Article 2.01, Texas
Business Corporation Act]; or
(B) an energy transporter, as that term is
defined by Section 186.051, Utilities Code;
(8) a purpose authorized by Chapter 181, Utilities
Code;
(9) underground storage operations subject to Chapter
91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any
infrastructure related to the facility.
(f) An exercise of eminent domain authority by a common
carrier under Subsection (c)(7) is not invalid solely because the
common carrier does not operate as a corporation under the laws of
this state.
SECTION 2. The change in law made by this Act applies to an
exercise of eminent domain authority by a common carrier for which a
condemnation petition is filed before, on, or after the effective
date of this Act.
SECTION 3. 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, 2009.