| 1 | 1 | | By: Pitts (Senate Sponsor - Nichols) H.B. No. 341 |
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| 2 | 2 | | (In the Senate - Received from the House April 22, 2013; |
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| 3 | 3 | | April 25, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Transportation; May 9, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the exclusion of certain mineral interests from the |
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| 11 | 11 | | property interests that may be condemned by a regional tollway |
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| 12 | 12 | | authority. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 366.165, Transportation Code, is amended |
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| 15 | 15 | | by adding Subsection (d) to read as follows: |
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| 16 | 16 | | (d) An authority shall, in a statement or petition in |
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| 17 | 17 | | condemnation, exclude from the interest to be condemned all the |
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| 18 | 18 | | oil, gas, and sulphur that can be removed from beneath the real |
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| 19 | 19 | | property. This exclusion shall be made without providing the owner |
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| 20 | 20 | | of the oil, gas, or sulphur any right of ingress or egress to or from |
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| 21 | 21 | | the surface of the land to explore, develop, drill, or mine the real |
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| 22 | 22 | | property. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to a condemnation in which a condemnation petition is filed on or |
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| 25 | 25 | | after the effective date of this Act. |
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| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2013. |
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| 31 | 31 | | * * * * * |
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