H.B. No. 341
AN ACT
relating to the exclusion of certain 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 the
oil, gas, and sulphur that can be removed from beneath the real
property. This exclusion shall be made without providing the owner
of the oil, gas, or sulphur 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 341 was passed by the House on April
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 341 was passed by the Senate on May
15, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor