| 1 | 1 | | 85R10165 AJA-F |
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| 2 | 2 | | By: Wray H.B. No. 2160 |
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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 assessment of damages for certain condemnations by |
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| 8 | 8 | | a high-speed rail company. |
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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 B, Chapter 112, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 112.0531 to read as follows: |
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| 12 | 12 | | Sec. 112.0531. DAMAGES IN CONDEMNATION PROCEEDING: |
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| 13 | 13 | | HIGH-SPEED RAIL. (a) In this section, "high-speed rail company" |
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| 14 | 14 | | means a private railroad company that creates, funds, develops, or |
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| 15 | 15 | | operates a rail system capable of providing rail service operating |
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| 16 | 16 | | at speeds greater than 100 miles per hour. |
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| 17 | 17 | | (b) In assessing damages for a condemnation by a high-speed |
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| 18 | 18 | | rail company to which Section 21.042(c), Property Code, applies: |
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| 19 | 19 | | (1) Section 21.042(d), Property Code, does not apply; |
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| 20 | 20 | | and |
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| 21 | 21 | | (2) the special commissioners shall determine the |
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| 22 | 22 | | damages to the property owner for: |
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| 23 | 23 | | (A) any denial or impairment of access to the |
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| 24 | 24 | | property owner's remaining property; and |
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| 25 | 25 | | (B) any impairment of: |
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| 26 | 26 | | (i) the provision or routing of utilities, |
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| 27 | 27 | | including water, electricity, or wastewater, to or on the property |
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| 28 | 28 | | owner's remaining property; or |
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| 29 | 29 | | (ii) the placement or routing of municipal |
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| 30 | 30 | | utility infrastructure on the property owner's remaining property. |
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| 31 | 31 | | (c) The enactment of this section does not reflect a |
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| 32 | 32 | | determination by the legislature that a high-speed rail company has |
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| 33 | 33 | | eminent domain authority and does not constitute a grant of eminent |
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| 34 | 34 | | domain authority or a right to enter onto property. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to the assessment of damages in a condemnation proceeding commenced |
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| 37 | 37 | | on or after the effective date of this Act. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2017. |
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