Texas 2019 - 86th Regular

Texas House Bill HB1367 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R3183 BEE-D
2		-	By: Harris~~, Leman, Ashby, Metcalf, Nevárez~~ H.B. No. 1367
	2	+	By: Harris H.B. No. 1367
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the disposition of real property intended for
8	8		high-speed rail projects.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Subchapter B, Chapter 112, Transportation Code,
11	11		is amended by adding Section 112.063 to read as follows:
12	12		Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR
13	13		HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail"
14	14		means intercity passenger service that is reasonably expected to
15	15		reach speeds of at least 110 miles per hour.
16	16		(b) Except as provided by Subsection (d), a private entity
17	17		that operates or plans to operate a high-speed rail project,
18	18		represents itself as having the power of eminent domain, and
19	19		acquires real property for a high-speed rail project may not use the
20	20		property for any purpose other than a high-speed rail project.
21	21		(c) Except as provided by Subsection (d), a person from whom
22	22		real property is acquired by a private entity as described by
23	23		Subsection (b), and the person's heirs, successors, and assigns,
24	24		are entitled to notice and opportunity to repurchase the property
25	25		before all other purchasers for the price paid to the owner by the
26	26		entity at the time the entity acquired the property if:
27	27		(1) the high-speed rail project for which the property
28	28		was acquired is canceled before the property is used for that
29	29		project;
30	30		(2) the property is not used for the high-speed rail
31	31		project for which the property was acquired before the 10th
32	32		anniversary of the date of acquisition; or
33	33		(3) the property becomes unnecessary for the
34	34		high-speed rail project for which the property was acquired before
35	35		the 10th anniversary of the date of acquisition.
36	36		(d) Subsections (b) and (c) do not apply to real property
37	37		acquired by a private entity as described by Subsection (b) that is
38	38		not acquired through a condemnation proceeding under Chapter 21,
39	39		Property Code, if, before the acquisition of the property:
40	40		(1) the entity acquiring the property gives written
41	41		notice to the person from whom the property is to be acquired that
42	42		the property may be used for a purpose other than a high-speed rail
43	43		project; and
44	44		(2) the person from whom the property is to be acquired
45	45		signs a statement acknowledging that written notice was given under
46	46		Subdivision (1).
47	47		(e) This section does not affect:
48	48		(1) the rights of a person from whom real property is
49	49		acquired under Chapter 21, Property Code; or
50	50		(2) any statutory right of an entity with the power of
51	51		eminent domain.
52	52		(f) Notice and repurchase as required by Subsection (c)
53	53		shall follow the timelines and processes for notice and repurchase
54	54		in Chapter 21, Property Code.
55	55		(g) This section applies to a private entity that represents
56	56		itself:
57	57		(1) as a railroad, whether or not the entity is a
58	58		railroad; or
59	59		(2) as another entity that may exercise the power of
60	60		eminent domain.
61	61		SECTION 2. Section 112.063, Transportation Code, as added
62	62		by this Act, applies only to real property acquired on or after
63	63		September 1, 2019.
64	64		SECTION 3. This Act takes effect September 1, 2019.