85R10165 AJA-F
By: Wray H.B. No. 2160
A BILL TO BE ENTITLED
AN ACT
relating to the assessment of damages for certain condemnations by
a high-speed rail company.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 112, Transportation Code,
is amended by adding Section 112.0531 to read as follows:
Sec. 112.0531. DAMAGES IN CONDEMNATION PROCEEDING:
HIGH-SPEED RAIL. (a) In this section, "high-speed rail company"
means a private railroad company that creates, funds, develops, or
operates a rail system capable of providing rail service operating
at speeds greater than 100 miles per hour.
(b) In assessing damages for a condemnation by a high-speed
rail company to which Section 21.042(c), Property Code, applies:
(1) Section 21.042(d), Property Code, does not apply;
and
(2) the special commissioners shall determine the
damages to the property owner for:
(A) any denial or impairment of access to the
property owner's remaining property; and
(B) any impairment of:
(i) the provision or routing of utilities,
including water, electricity, or wastewater, to or on the property
owner's remaining property; or
(ii) the placement or routing of municipal
utility infrastructure on the property owner's remaining property.
(c) The enactment of this section does not reflect a
determination by the legislature that a high-speed rail company has
eminent domain authority and does not constitute a grant of eminent
domain authority or a right to enter onto property.
SECTION 2. The change in law made by this Act applies only
to the assessment of damages in a condemnation proceeding commenced
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, 2017.