Texas 2021 - 87th Regular

Texas House Bill HB3312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2101 BEE-D
2	2	By: Harris H.B. No. 3312
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of real property acquired 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	has the meaning assigned by Section 112.201.
15	15	(b) Except as provided by Subsection (d), a private entity
16	16	that operates or plans to operate a high-speed rail project,
17	17	represents itself as having the power of eminent domain, and
18	18	acquires real property for a high-speed rail project may not use the
19	19	property for any purpose other than a high-speed rail project.
20	20	(c) Except as provided by Subsection (d), a person from whom
21	21	real property is acquired by a private entity as described by
22	22	Subsection (b), and the person's heirs, successors, and assigns,
23	23	are entitled to notice and opportunity to repurchase the property
24	24	before all other purchasers for the price paid to the owner by the
25	25	entity at the time the entity acquired the property if:
26	26	(1) the high-speed rail project for which the property
27	27	was acquired is canceled before the property is used for that
28	28	project;
29	29	(2) the property is not used for the high-speed rail
30	30	project for which the property was acquired before the 10th
31	31	anniversary of the date of acquisition; or
32	32	(3) the property becomes unnecessary for the
33	33	high-speed rail project for which the property was acquired before
34	34	the 10th anniversary of the date of acquisition.
35	35	(d) Subsections (b) and (c) do not apply to real property
36	36	acquired by a private entity as described by Subsection (b) that is
37	37	not acquired through a condemnation proceeding under Chapter 21,
38	38	Property Code, if, before the acquisition of the property:
39	39	(1) the entity acquiring the property gives written
40	40	notice to the person from whom the property is to be acquired that
41	41	the property may be used for a purpose other than a high-speed rail
42	42	project; and
43	43	(2) the person from whom the property is to be acquired
44	44	signs a statement acknowledging that written notice was given under
45	45	Subdivision (1).
46	46	(e) This section does not affect:
47	47	(1) the rights of a person from whom real property is
48	48	acquired under Chapter 21, Property Code; or
49	49	(2) any statutory right of an entity with the power of
50	50	eminent domain.
51	51	(f) Notice and repurchase as required by Subsection (c)
52	52	shall follow the timelines and processes for notice and repurchase
53	53	in Chapter 21, Property Code.
54	54	(g) This section applies to a private entity that represents
55	55	itself:
56	56	(1) as a railroad, whether or not the entity is a
57	57	railroad; or
58	58	(2) as another entity that may exercise the power of
59	59	eminent domain.
60	60	SECTION 2. Section 112.063, Transportation Code, as added
61	61	by this Act, applies only to real property acquired on or after the
62	62	effective date of this Act.
63	63	SECTION 3. This Act takes effect September 1, 2021.