By: Martinez, Guerra (Senate Sponsor - Hinojosa) H.B. No. 2646
(In the Senate - Received from the House May 5, 2017;
May 8, 2017, read first time and referred to Committee on
Transportation; May 17, 2017, reported favorably by the following
vote: Yeas 8, Nays 0; May 17, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to real property acquired by advance acquisition for a
transportation facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.021(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by Subsection (c) and Section
202.113(b), real property shall be transferred or sold with the
following priorities:
(1) to a governmental entity with the authority to
condemn the property; or
(2) to the general public.
SECTION 2. Sections 202.112(a) and (d), Transportation
Code, are amended to read as follows:
(a) The commission may acquire real property or an interest
in real property or purchase an option to acquire real property for
possible use in or in connection with a transportation facility
before:
(1) a final decision has been made as to whether the
transportation facility will be located on that property; or
(2) environmental clearance has been issued for the
transportation facility by the appropriate federal or state
authority.
(d) An option to acquire real property purchased under this
section [or Section 227.041] may not expire later than the fifth
anniversary of the date the option was purchased and may be renewed
for subsequent periods that expire not later than the fifth
anniversary of the date the option was renewed, by agreement of the
commission and the grantor of the option or the grantor's heirs or
assigns.
SECTION 3. Section 202.113, Transportation Code, is amended
to read as follows:
Sec. 202.113. DISPOSAL OF SURPLUS PROPERTY. (a) Except as
provided by Subsection (b), the [The] commission shall dispose of
property acquired by advance acquisition that is not needed for a
transportation facility in the manner provided by Subchapter B.
(b) Notwithstanding any other law, the commission first
shall offer property described by Subsection (a) for sale to the
person from whom the commission acquired the property at a price
that is equal to the lesser of:
(1) the price the commission paid the person to
acquire the property; or
(2) the fair market value of the property at the time
it is offered for sale under this subsection, taking into account
any damage to the property.
SECTION 4. 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.
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