83R1492 AJZ-D
By: Pitts H.B. No. 341
A BILL TO BE ENTITLED
AN ACT
relating to the exclusion of mineral interests from the property
interests that may be condemned by a regional tollway authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.165, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) An authority shall, in a statement or petition in
condemnation, exclude from the interest to be condemned all mineral
interests in and under the real property. This exclusion shall be
made without providing the owner of the mineral interests any right
of ingress or egress to or from the surface of the land to explore,
develop, drill, or mine the real property.
SECTION 2. The change in law made by this Act applies only
to a condemnation in which a condemnation petition is filed 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, 2013.