Texas 2017 - 85th Regular

Texas House Bill HB2646 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Martinez, Guerra (Senate Sponsor - Hinojosa) H.B. No. 2646
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 8, 2017, read first time and referred to Committee on
4		-	Transportation; May 17, 2017, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2646
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to real property acquired by advance acquisition for a
12	6		transportation facility.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 202.021(b), Transportation Code, is
15	9		amended to read as follows:
16	10		(b) Except as provided by Subsection (c) and Section
17	11		202.113(b), real property shall be transferred or sold with the
18	12		following priorities:
19	13		(1) to a governmental entity with the authority to
20	14		condemn the property; or
21	15		(2) to the general public.
22	16		SECTION 2. Sections 202.112(a) and (d), Transportation
23	17		Code, are amended to read as follows:
24	18		(a) The commission may acquire real property or an interest
25	19		in real property or purchase an option to acquire real property for
26	20		possible use in or in connection with a transportation facility
27	21		before:
28	22		(1) a final decision has been made as to whether the
29	23		transportation facility will be located on that property; or
30	24		(2) environmental clearance has been issued for the
31	25		transportation facility by the appropriate federal or state
32	26		authority.
33	27		(d) An option to acquire real property purchased under this
34	28		section [or Section 227.041] may not expire later than the fifth
35	29		anniversary of the date the option was purchased and may be renewed
36	30		for subsequent periods that expire not later than the fifth
37	31		anniversary of the date the option was renewed, by agreement of the
38	32		commission and the grantor of the option or the grantor's heirs or
39	33		assigns.
40	34		SECTION 3. Section 202.113, Transportation Code, is amended
41	35		to read as follows:
42	36		Sec. 202.113. DISPOSAL OF SURPLUS PROPERTY. (a) Except as
43	37		provided by Subsection (b), the [The] commission shall dispose of
44	38		property acquired by advance acquisition that is not needed for a
45	39		transportation facility in the manner provided by Subchapter B.
46	40		(b) Notwithstanding any other law, the commission first
47	41		shall offer property described by Subsection (a) for sale to the
48	42		person from whom the commission acquired the property at a price
49	43		that is equal to the lesser of:
50	44		(1) the price the commission paid the person to
51	45		acquire the property; or
52	46		(2) the fair market value of the property at the time
53	47		it is offered for sale under this subsection, taking into account
54	48		any damage to the property.
55	49		SECTION 4. This Act takes effect immediately if it receives
56	50		a vote of two-thirds of all the members elected to each house, as
57	51		provided by Section 39, Article III, Texas Constitution. If this
58	52		Act does not receive the vote necessary for immediate effect, this
59	53		Act takes effect September 1, 2017.
60		-	* * * * *
	54	+	______________________________ ______________________________
	55	+	President of the Senate Speaker of the House
	56	+	I certify that H.B. No. 2646 was passed by the House on May 4,
	57	+	2017, by the following vote: Yeas 132, Nays 8, 2 present, not
	58	+	voting.
	59	+	______________________________
	60	+	Chief Clerk of the House
	61	+	I certify that H.B. No. 2646 was passed by the Senate on May
	62	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	63	+	______________________________
	64	+	Secretary of the Senate
	65	+	APPROVED: _____________________
	66	+	Date
	67	+	_____________________
	68	+	Governor