Texas Senate Bill SB478

Texas 2019 - 86th Regular

Caption

Relating to authorization to enter onto property to survey for a proposed high-speed rail facility.

Impact

The bill amends Section 112 of the Transportation Code by adding Section 112.0515, which prohibits private entities from entering property without the Department's determination of their status as a railroad company. This compliance requirement serves to regulate the access to land in a manner that protects property owners while facilitating the planning and potential development of high-speed rail services. The intended effect is to streamline the survey process for such public transport initiatives, making it easier for developers to gather necessary data without facing legal hurdles related to property access.

Summary

SB478 introduces new provisions for the authorization of entry onto private land for the purpose of surveying for proposed high-speed rail facilities in Texas. This bill specifically clarifies the conditions under which a private entity may conduct examinations or surveys of property that could be affected by the development of high-speed rail infrastructure. The legislation defines high-speed rail as intercity passenger service anticipated to achieve speeds of at least 110 miles per hour.

Contention

While the bill aims to encourage infrastructure development, it might raise concerns among property rights advocates who fear that enhanced access for survey purposes could lead to unauthorized use or invasion of private property. Legislators may debate the balance between facilitating public transportation advancements and safeguarding individual property rights. The need for clear guidelines and regulations on how and when a private entity can survey land is likely to be a point of contention, especially from communities that could be directly impacted by the proposed rail development.