| 1 | 1 | | 84R10696 AJA-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 1859 |
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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 restoration of expired eminent domain authority of |
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| 8 | 8 | | certain rural rail transportation districts. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 172, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 172.1571 to read as follows: |
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| 12 | 12 | | Sec. 172.1571. RESTORATION OF CERTAIN EXPIRED EMINENT |
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| 13 | 13 | | DOMAIN AUTHORITY. (a) This section applies only to a district: |
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| 14 | 14 | | (1) whose authority to exercise the power of eminent |
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| 15 | 15 | | domain under Section 172.157 expired under Section 2206.101(c), |
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| 16 | 16 | | Government Code; and |
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| 17 | 17 | | (2) that is located in a county: |
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| 18 | 18 | | (A) bordering the Gulf of Mexico; and |
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| 19 | 19 | | (B) adjacent to a county in which there is |
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| 20 | 20 | | located a port authority that has the authority to issue a permit |
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| 21 | 21 | | for the movement of oversize or overweight vehicles under |
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| 22 | 22 | | Subchapter O or P, Chapter 623. |
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| 23 | 23 | | (b) Notwithstanding the expiration of the district's |
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| 24 | 24 | | authority as described by Subsection (a), the district, on and |
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| 25 | 25 | | after September 1, 2015, may exercise the power of eminent domain in |
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| 26 | 26 | | accordance with Section 172.157. |
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| 27 | 27 | | SECTION 2. As provided by Section 17(c), Article I, Texas |
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| 28 | 28 | | Constitution, this Act takes effect only on a two-thirds vote of all |
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| 29 | 29 | | the members elected to each house. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2015. |
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