Texas 2021 - 87th Regular

Texas House Bill HB3893 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa, et al. (Senate Sponsor - Eckhardt) H.B. No. 3893
2		-	(In the Senate - Received from the House May 5, 2021;
3		-	May 10, 2021, read first time and referred to Committee on
4		-	Transportation; May 17, 2021, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 17, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Hinojosa, Cyrier, Rodriguez, Talarico, H.B. No. 3893
	2	+	Raymond
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the modification of a 99-year lease of certain state
12	8		property to the City of Austin and the grant of a 99-year lease of
13	9		certain state property and certain easements to the Capital
14	10		Metropolitan Transportation Authority.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Sections 2B(a) and (b), Chapter 34 (H.B. 215),
17	13		General Laws, Acts of the 33rd Legislature, Regular Session, 1913,
18	14		are amended to read as follows:
19	15		(a) The leasehold interest granted by the state under
20	16		Sections 2 and 2A(a)(2) of this Act shall be limited to only the
21	17		surface of the property described in Sections 1 and 2A(a)(2) of this
22	18		Act and shall be subject and subordinate to those rights and
23	19		interests granted to the Capital Metropolitan Transportation
24	20		Authority pursuant to Section 3 of this Act, provided however that
25	21		the Capital Metropolitan Transportation Authority shall exercise
26	22		those rights and interests so as to reasonably accommodate the
27	23		public park uses authorized by Sections 2 and 2A of this Act. The
28	24		state does not by this Act part with any title, color of title or
29	25		interest which it now owns in the property described in this Act,
30	26		except as granted herein.
31	27		(b) In the event, however, the City of Austin should fail to
32	28		use the property described in Section 1 or 2A(a)(1) or (2) of this
33	29		Act for the purpose or purposes designated, that property shall
34	30		revert to the State as upon breach of condition subsequent,
35	31		provided, however, that if the exercise of the rights and interests
36	32		granted to the Capital Metropolitan Transportation Authority under
37	33		Section 3 of this Act prevents the use of the property for a purpose
38	34		designated for any period of time during the lease, such failure
39	35		shall not be a breach of conditions.
40	36		SECTION 2. Chapter 34 (H.B. 215), General Laws, Acts of the
41	37		33rd Legislature, Regular Session, 1913, is amended by adding
42	38		Section 3 to read as follows:
43	39		Sec. 3. (a) Notwithstanding any other provision of this
44	40		Act, the State of Texas hereby cedes and grants to the Capital
45	41		Metropolitan Transportation Authority for a period of 99 years
46	42		beginning on the effective date of this Act a lease of all of the
47	43		subsurface strata below the surface of the property described only
48	44		in Sections 1 and 2A(a)(2) of this Act and the streets abutting such
49	45		property to the center of such streets.
50	46		(b) The Capital Metropolitan Transportation Authority may
51	47		use the subsurface of the property described in Subsection (a) of
52	48		this section only for public transportation, a subway or
53	49		underground railway station, tunnel, or terminal, and
54	50		transportation facilities, including any related retail,
55	51		commercial, public performance and exhibition, and public amenity
56	52		purposes. In any location and at any depth below the surface of the
57	53		property described in Subsection (a) of this section, the Capital
58	54		Metropolitan Transportation Authority may construct, operate,
59	55		repair, maintain, replace, and remove the following transportation
60	56		facilities:
61	57		(1) public transportation facilities, including
62	58		subway and railway tunnels, stations, tracks, and related
63	59		improvements;
64	60		(2) common areas and facilities designated for the
65	61		general use and convenience of any subtenants, passengers,
66	62		visitors, and occupants of the transportation facilities,
67	63		including concourses, tunnels, piers, boarding areas, stages,
68	64		exhibition and performance areas, seating areas, elevators, moving
69	65		walkways, sidewalks, stairways, escalators, pedestrian entrances,
70	66		station portals, air intakes or exits, loading zones, landscaping,
71	67		and any related facilities or improvements;
72	68		(3) shops, stores, booths, stands, spaces, and related
73	69		facilities used for any commercial, retail, market, or restaurant
74	70		uses;
75	71		(4) billboards and any advertising or promotional
76	72		signs or displays; and
77	73		(5) improvements, utilities, and related
78	74		infrastructure and public amenities related to the provision and
79	75		development of services and facilities described by Subdivisions
80	76		(1), (2), (3), and (4) of this subsection.
81	77		(c) Notwithstanding any other provision of this Act, the
82	78		State of Texas hereby cedes and grants to the Capital Metropolitan
83	79		Transportation Authority for a period of 99 years beginning on the
84	80		effective date of this Act the following easements on the surface of
85	81		the property described only in Sections 1 and 2A(a)(2) of this Act
86	82		and the streets abutting such property to the center of such
87	83		streets:
88	84		(1) a temporary nonexclusive construction easement to
89	85		use the minimum amount of the surface of the property as the Capital
90	86		Metropolitan Transportation Authority may reasonably consider
91	87		necessary:
92	88		(A) for a period not to exceed five years from the
93	89		commencement of construction in connection with the installation of
94	90		the transportation facilities described by Subsection (b) of this
95	91		section or the surface ancillary amenities described by Subdivision
96	92		(5) of this subsection; and
97	93		(B) from time to time after the period described
98	94		by Paragraph (A) of this subdivision for the purpose of renovating,
99	95		maintaining, repairing, replacing, relocating, or removing all or
100	96		any part of the transportation facilities described by Subsection
101	97		(b) of this section or the surface ancillary amenities described by
102	98		Subdivision (5) of this subsection;
103	99		(2) a nonexclusive access easement for maintenance
104	100		vehicle and pedestrian ingress, egress, and access to and from the
105	101		transportation facilities described by Subsection (b) of this
106	102		section on, over, and across the surface of the property, whether on
107	103		existing roadways, sidewalks, or walkways located on the property
108	104		or otherwise over the surface ancillary amenities described by
109	105		Subdivision (5) of this subsection as the Capital Metropolitan
110	106		Transportation Authority may install from time to time;
111	107		(3) a nonexclusive easement over the property for
112	108		audio, visual, view, reflective light, shadow flicker, glimmer,
113	109		noise, shadow, glare, and any other effects attributable to the
114	110		transportation facilities described by Subsection (b) of this
115	111		section located under or on the property and on property adjacent to
116	112		that property;
117	113		(4) a nonexclusive easement over the surface of the
118	114		property for the purpose of installing, maintaining, repairing,
119	115		replacing, relocating, or removing from time to time any:
120	116		(A) power transmission lines:
121	117		(i) including overhead and underground
122	118		transmission lines, poles, anchors, conduits, support structures,
123	119		cables, distribution and interconnection facilities, and related
124	120		utility facilities, infrastructure, and equipment; and
125	121		(ii) excluding any substation;
126	122		(B) telecommunication and data lines, including
127	123		overhead and underground transmission lines, poles, anchors,
128	124		conduits, support structures, cables, and related utility
129	125		facilities, infrastructure, and equipment;
130	126		(C) water, drainage, waste and sewer lines,
131	127		conduits, support structures, and related utility facilities,
132	128		infrastructure, and equipment; and
133	129		(D) other utility facilities, infrastructure,
134	130		and equipment as the Capital Metropolitan Transportation Authority
135	131		may consider necessary or desirable in connection with the
136	132		development, operation, and maintenance of the transportation
137	133		facilities described by Subsection (b) of this section or the
138	134		surface ancillary amenities described by Subdivision (5) of this
139	135		subsection; and
140	136		(5) an encroachment easement for the Capital
141	137		Metropolitan Transportation Authority to install over the surface
142	138		of the property, for the purpose of providing access to the
143	139		transportation facilities described by Subsection (b) of this
144	140		section, surface ancillary amenities compatible with public park
145	141		uses as follows:
146	142		(A) for a period not to exceed five years from the
147	143		commencement of construction in connection with the installation of
148	144		the transportation facilities described by Subsection (b) of this
149	145		section, the right to construct and install aboveground signage,
150	146		booths, walkways, sidewalks, elevators, stairwells, escalators,
151	147		awnings, entryways, exits, fences, landscaping, air intakes or
152	148		exits, trash receptacles, and other public amenities; and
153	149		(B) from time to time after the period described
154	150		by Paragraph (A) of this subdivision, the right to:
155	151		(i) maintain, repair, replace, or remove a
156	152		surface ancillary amenity listed in Paragraph (A) of this
157	153		subdivision; and
158	154		(ii) construct or install fences,
159	155		landscaping, trash receptacles, and surface ancillary amenities
160	156		that are wayfinding in nature, including aboveground signage,
161	157		booths, and awnings.
162	158		(d) The Capital Metropolitan Transportation Authority
163	159		shall, in exercising the Capital Metropolitan Transportation
164	160		Authority's rights and interests on the surface of the property:
165	161		(1) to mitigate and minimize harm to the public park
166	162		uses, take measures that, at a minimum, comply with 49 U.S.C.
167	163		Section 303 and 23 U.S.C. Section 138; and
168	164		(2) use best efforts to preserve and protect any
169	165		existing trees that are 24 caliper inches or larger.
170	166		(e) Each easement granted to the Capital Metropolitan
171	167		Transportation Authority under Subsection (c) of this section shall
172	168		be appurtenant to the leasehold interest granted to the Capital
173	169		Metropolitan Transportation Authority under Subsection (a) of this
174	170		section, shall run with the property described in Subsections (a)
175	171		and (c) of this section, and shall inure to the benefit of the
176	172		Capital Metropolitan Transportation Authority. Nonuse of an
177	173		easement or right granted under Subsection (c) of this section does
178	174		not constitute abandonment or surrender and does not preclude the
179	175		use of the entire scope of the easement or right by the Capital
180	176		Metropolitan Transportation Authority at any time or from time to
181	177		time.
182	178		(f) The state acknowledges and agrees that the Capital
183	179		Metropolitan Transportation Authority shall be the sole and
184	180		exclusive owner of all transportation facilities described by
185	181		Subsection (b) of this section and surface ancillary amenities
186	182		described by Subsection (c)(5) of this section installed under this
187	183		section, and the Capital Metropolitan Transportation Authority may
188	184		convey or remove the same at any time or from time to time. The
189	185		state hereby waives any lien rights, whether statutory or
190	186		otherwise, the state has or may have to the transportation
191	187		facilities described by Subsection (b) of this section or the
192	188		surface ancillary amenities described by Subsection (c)(5) of this
193	189		section.
194	190		(g) The Capital Metropolitan Transportation Authority shall
195	191		have the right at any time and from time to time to assign,
196	192		encumber, hypothecate, mortgage, or pledge any right, title, or
197	193		interest granted to the Capital Metropolitan Transportation
198	194		Authority under this section, including, without limitation, any of
199	195		its right, title, or interest in and to the transportation
200	196		facilities described by Subsection (b) of this section or the
201	197		surface ancillary amenities described by Subsection (c)(5) of this
202	198		section. Moreover, the Capital Metropolitan Transportation
203	199		Authority is hereby authorized to grant such subleases, easements,
204	200		and licenses over, across, through, or under the property described
205	201		in Subsections (a) and (c) of this section as the Capital
206	202		Metropolitan Transportation Authority may consider necessary or
207	203		desirable in connection with the development, operation, or
208	204		maintenance of the transportation facilities described by
209	205		Subsection (b) of this section or the surface ancillary amenities
210	206		described by Subsection (c)(5) of this section.
211	207		(h) The State of Texas does not by this Act part with any
212	208		title, color of title, or interest which it now owns in the property
213	209		described in this section, except as granted in this section.
214	210		SECTION 3. This Act takes effect immediately if it receives
215	211		a vote of two-thirds of all the members elected to each house, as
216	212		provided by Section 39, Article III, Texas Constitution. If this
217	213		Act does not receive the vote necessary for immediate effect, this
218	214		Act takes effect September 1, 2021.
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