| 1 | | - | By: Schwertner S.B. No. 979 |
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| 2 | | - | (In the Senate - Filed February 21, 2017; March 6, 2017, |
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| 3 | | - | read first time and referred to Committee on Transportation; |
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| 4 | | - | April 6, 2017, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 6, 2017, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 979 By: Hall |
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| 1 | + | By: Schwertner, Creighton S.B. No. 979 |
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| 2 | + | Kolkhorst |
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| 9 | 3 | | |
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| 10 | 4 | | |
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| 11 | 5 | | A BILL TO BE ENTITLED |
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| 12 | 6 | | AN ACT |
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| 13 | 7 | | relating to the disposition of real property intended for |
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| 14 | 8 | | high-speed rail projects. |
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| 15 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 10 | | SECTION 1. Subchapter B, Chapter 112, Transportation Code, |
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| 17 | 11 | | is amended by adding Section 112.063 to read as follows: |
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| 18 | 12 | | Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR |
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| 19 | 13 | | HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail" |
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| 20 | 14 | | means intercity passenger service that is reasonably expected to |
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| 21 | 15 | | reach speeds of at least 110 miles per hour. |
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| 22 | | - | (b) A private entity that operates or plans to operate a |
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| 23 | | - | high-speed rail project and acquires real property for a high-speed |
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| 24 | | - | rail project through the threat of the exercise of a purported power |
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| 25 | | - | of eminent domain: |
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| 26 | | - | (1) may not use the property for any purpose other than |
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| 27 | | - | a high-speed rail project; and |
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| 28 | | - | (2) if the property is not used for a high-speed rail |
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| 29 | | - | project, may not convey the property to any person unless the former |
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| 30 | | - | property owner is given notice and opportunity to repurchase the |
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| 31 | | - | property. |
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| 32 | | - | (c) This section applies to a private entity that represents |
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| 16 | + | (b) Except as provided by Subsection (d), a private entity |
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| 17 | + | that operates or plans to operate a high-speed rail project, |
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| 18 | + | represents itself as having the power of eminent domain, and |
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| 19 | + | acquires real property for a high-speed rail project may not use the |
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| 20 | + | property for any purpose other than a high-speed rail project. |
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| 21 | + | (c) Except as provided by Subsection (d), a person from whom |
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| 22 | + | real property is acquired by a private entity as described by |
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| 23 | + | Subsection (b), and the person's heirs, successors, and assigns, |
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| 24 | + | are entitled to notice and opportunity to repurchase the property |
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| 25 | + | before all other purchasers for the price paid to the owner by the |
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| 26 | + | entity at the time the entity acquired the property if: |
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| 27 | + | (1) the high-speed rail project for which the property |
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| 28 | + | was acquired is canceled before the property is used for that |
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| 29 | + | project; |
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| 30 | + | (2) the property is not used for the high-speed rail |
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| 31 | + | project for which the property was acquired before the 10th |
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| 32 | + | anniversary of the date of acquisition; or |
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| 33 | + | (3) the property becomes unnecessary for the |
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| 34 | + | high-speed rail project for which the property was acquired before |
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| 35 | + | the 10th anniversary of the date of acquisition. |
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| 36 | + | (d) Subsections (b) and (c) do not apply to real property |
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| 37 | + | acquired by a private entity as described by Subsection (b) that is |
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| 38 | + | not acquired through a condemnation proceeding under Chapter 21, |
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| 39 | + | Property Code, if, before the acquisition of the property: |
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| 40 | + | (1) the entity acquiring the property gives written |
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| 41 | + | notice to the person from whom the property is to be acquired that |
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| 42 | + | the property may be used for a purpose other than a high-speed rail |
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| 43 | + | project; and |
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| 44 | + | (2) the person from whom the property is to be acquired |
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| 45 | + | signs a statement acknowledging that written notice was given under |
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| 46 | + | Subdivision (1). |
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| 47 | + | (e) This section does not affect: |
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| 48 | + | (1) the rights of a person from whom real property is |
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| 49 | + | acquired under Chapter 21, Property Code; or |
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| 50 | + | (2) any statutory right of an entity with the power of |
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| 51 | + | eminent domain. |
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| 52 | + | (f) Notice and repurchase as required by Subsection (c) |
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| 53 | + | shall follow the timelines and processes for notice and repurchase |
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| 54 | + | in Chapter 21, Property Code. |
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| 55 | + | (g) This section applies to a private entity that represents |
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