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