| 1 | 1 | | 85R9490 BEE-D |
|---|
| 2 | 2 | | By: Cook H.B. No. 2179 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the acquisition and disposition of real property |
|---|
| 8 | 8 | | intended for high-speed rail projects. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 112.002, Transportation Code, is amended |
|---|
| 11 | 11 | | by amending Subsection (b) and adding Subsection (c) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (b) A railroad company may: |
|---|
| 14 | 14 | | (1) sue, be sued, plead, and be impleaded in its |
|---|
| 15 | 15 | | corporate name; |
|---|
| 16 | 16 | | (2) have and use a seal and alter the seal at will; |
|---|
| 17 | 17 | | (3) receive and convey persons and property on its |
|---|
| 18 | 18 | | railway by any mechanical power, including the use of steam; |
|---|
| 19 | 19 | | (4) regulate the time and manner in which, and the |
|---|
| 20 | 20 | | compensation for which, passengers and property are transported, |
|---|
| 21 | 21 | | subject to the provisions of law; |
|---|
| 22 | 22 | | (5) except as provided by Subsection (c), exercise the |
|---|
| 23 | 23 | | power of eminent domain for the purposes prescribed by this |
|---|
| 24 | 24 | | subtitle or Subtitle D; |
|---|
| 25 | 25 | | (6) purchase, hold, and use all property as necessary |
|---|
| 26 | 26 | | for the construction and use of its railway, stations, and other |
|---|
| 27 | 27 | | accommodations necessary to accomplish company objectives, and |
|---|
| 28 | 28 | | convey that property when no longer required for railway use; and |
|---|
| 29 | 29 | | (7) take, hold, and use property granted to the |
|---|
| 30 | 30 | | company to aid in the construction and use of its railway, and |
|---|
| 31 | 31 | | convey that property in a manner consistent with the terms of the |
|---|
| 32 | 32 | | grant when the property is no longer required for railway use. |
|---|
| 33 | 33 | | (c) A private entity may not exercise the power of eminent |
|---|
| 34 | 34 | | domain for the purpose of developing or operating a high-speed rail |
|---|
| 35 | 35 | | project. In this section, "high-speed rail" means intercity |
|---|
| 36 | 36 | | passenger service that is reasonably expected to reach speeds of at |
|---|
| 37 | 37 | | least 110 miles per hour. |
|---|
| 38 | 38 | | SECTION 2. Subchapter B, Chapter 112, Transportation Code, |
|---|
| 39 | 39 | | is amended by adding Section 112.063 to read as follows: |
|---|
| 40 | 40 | | Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR |
|---|
| 41 | 41 | | HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail" |
|---|
| 42 | 42 | | means intercity passenger service that is reasonably expected to |
|---|
| 43 | 43 | | reach speeds of at least 110 miles per hour. |
|---|
| 44 | 44 | | (b) A private entity that operates or plans to operate a |
|---|
| 45 | 45 | | high-speed rail project and acquires real property for a high-speed |
|---|
| 46 | 46 | | rail project through the threat of condemnation: |
|---|
| 47 | 47 | | (1) may not use the property for any purpose other than |
|---|
| 48 | 48 | | a high-speed rail project; and |
|---|
| 49 | 49 | | (2) if the property is not used for a high-speed rail |
|---|
| 50 | 50 | | project, may not convey the property to any person unless the former |
|---|
| 51 | 51 | | property owner is given notice and opportunity to repurchase the |
|---|
| 52 | 52 | | property. |
|---|
| 53 | 53 | | SECTION 3. Section 112.063, Transportation Code, as added |
|---|
| 54 | 54 | | by this Act, applies only to real property acquired on or after |
|---|
| 55 | 55 | | September 1, 2017. |
|---|
| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|