By: Eckhardt S.B. No. 1838
A BILL TO BE ENTITLED
AN ACT
relating to the modification of a 99-year lease of certain state
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 34 (H.B. 215), General Laws, Acts of the
33rd Legislature, Regular Session, 1913, is amended by deleting
Section 2B.(a) in its entirety and in lieu thereof substituting the
following:
Sec. 2B. (a) The leasehold interest granted by the State
of Texas pursuant to Sections 2 and Section 2A of this Act shall be
limited to only the surface of the property described in Sections 1,
2A(a)1, and 2A(a)(2) of this Act, and shall be subject and
subordinate to those rights and interests granted to the Capital
Metropolitan Transportation Authority pursuant to Section 3
hereof. The State of Texas does not by this Act part with any title,
color of title or interest which it now owns in the property
described in this Act, except as granted herein.
SECTION 2. Chapter 34 (H.B. 215), General Laws, Acts of the
33rd Legislature, Regular Session, 1913, is amended by adding
Section 3 to read as follows:
Sec. 3. (a) Notwithstanding any other provision of this
Act, the State of Texas hereby cedes and grants to the Capital
Metropolitan Transportation Authority for a period of 99 years
beginning on the effective date of passage, a lease of all of the
subsurface strata below the surface of the property described in
Sections 1 and 2A.(a)(2) of this Act, and the streets abutting such
property to the center of such streets.
(b) The Capital Metropolitan Transportation Authority may
use the subsurface of the property described in Section 3(a) of this
Act for public transportation, subway and/or underground railway
station, tunnel and/or terminal, and any retail, commercial, public
performances and exhibitions, and public amenity purposes. In any
location and at any depth below the surface of the property
described in Section 3(a) of this Act, The Capital Metropolitan
Transportation Authority may construct, operate, repair, maintain,
replace and remove (collectively, the "Transportation
Facilities"):
(1) public transportation facilities, including,
subway and railway tunnels, stations, tracks, and
improvements related thereto;
(2) common areas and facilities designated for the
general use and convenience of any subtenants, passengers,
visitors and occupants of the Transportation Facilities,
including concourses, tunnels, piers, boarding areas,
stages, exhibitions and performance areas, seating areas,
elevators, moving walkways, sidewalks, stairways,
escalators, pedestrian entrances, station portals, air
intakes/exits, loading zones, landscaping and any facilities
and improvements related thereto;
(3) shops, stores, booths, stands, spaces and related
facilities used for any commercial, retail, market and
restaurant uses;
(4) billboards, and any advertising and/or
promotional signs and/or displays, and,
(5) improvements, utilities and related
infrastructure and public amenities related to the provision
and development of all of the foregoing.
(c) Notwithstanding any other provision of this Act, the
State of Texas hereby cedes and grants to the Capital Metropolitan
Transportation Authority for a period of 99 years beginning on the
effective date of passage, the following easements on the surface
of the property described in Sections 1 and 2A.(a)(2) of this Act,
and the streets abutting such property to the center of such
streets:
(1) a temporary non-exclusive construction easement
to use as much of the surface of the property described in
Section 3(c) of this Act as the Capital Metropolitan
Transportation Authority may deem necessary from time to time
for the purpose of constructing, maintaining, repairing,
replacing, relocating and removing all or any part of the
Transportation Facilities or the Surface Ancillary Amenities
(as defined in Section 3(c)(5) below);
(2) a non-exclusive access easement for vehicular and
pedestrian ingress, egress, and access to and from the
Transportation Facilities on, over and across the surface of
the property described in Section 3(c) of this Act, whether
on roadways, sidewalks or walkways located thereon if
existing, or otherwise over such Surface Ancillary Amenities
as the Capital Metropolitan Transportation Authority may
install from time to time;
(3) a non-exclusive easement over the property
described in Section 3(c) of this Act for audio, visual,
view, reflective light, shadow flicker, glimmer, noise,
shadow, glare and any other effects attributable to the
Transportation Facilities located under or on the property
described in Section 3(c) of this Act and/or on property
adjacent thereto;
(4) a non-exclusive easement over the surface of the
property described in Section 3(c) of this Act, for the
purpose of installing, maintaining, repairing, replacing,
relocating, and removing from time to time any (i) power
transmission lines, including overhead and underground
transmission lines, poles, anchors, conduits, support
structures, cables, distribution and interconnection
facilities, and related utility facilities, infrastructure,
and equipment, (ii) telecommunication and data lines,
including overhead and underground transmission lines,
poles, anchors, conduits, support structures, cables, and
related utility facilities, infrastructure, and equipment,
(iii) water, drainage, waste and sewer lines, conduits,
support structures, and related utility facilities,
infrastructure, and equipment, and (iv) any other utility
facilities, infrastructure and equipment as the Capital
Metropolitan Transportation Authority may deem necessary or
desirable in connection with the development, operation and
maintenance of the Transportation Facilities and the Surface
Ancillary Amenities; and,
(5) an encroachment easement and right to construct,
maintain, repair, replace, relocate and remove such
above-ground signage, booths, walkways, sidewalks,
elevators, stairwells, escalators, awnings, entryways,
exits, fences, landscaping, air intakes/exits, trash
receptacles and other public amenities (collectively, the
"Surface Ancillary Amenities") as the Capital Metropolitan
Transportation Authority my deem necessary or desirable to
install over the surface of the property described in Section
3(c) of this Act.
(d) Each easement granted to the Capital Metropolitan
Transportation Authority pursuant to Section 3(c)(1) - (5) of this
Act shall be appurtenant to the leasehold interest granted to the
Capital Metropolitan Transportation Authority pursuant to Section
3(a) of this Act, shall run with the property described in Sections
3(a) and 3(c) of this Act, and shall inure to the benefit of the
Capital Metropolitan Transportation Authority. Nonuse of the
easements or rights granted pursuant to Section 3(c) of this Act
shall not constitute abandonment or surrender, nor shall it
preclude the use of the entire scope thereof by Capital
Metropolitan Transportation Authority at any time from time to
time.
(e) The State acknowledges and agrees that the Capital
Metropolitan Transportation Authority shall be the sole and
exclusive owner of any Transportation Facilities and Surface
Ancillary Amenities installed pursuant to Section 3 of this Act,
and the Capital Metropolitan Transportation Authority may remove
the same at any time from time to time. The State hereby waives any
lien rights, whether statutory or otherwise, the State has or may
have to the Transportation Facilities and Surface Ancillary
Amenities.
(f) The Capital Metropolitan Transportation Authority shall
have the right at any time and from time to time to assign,
encumber, hypothecate, mortgage or pledge any of its right, title,
or interest granted to the Capital Metropolitan Transportation
Authority pursuant to Section 3 of this Act, including, without
limitation, any of its right, title and interest in and to the
Transportation Facilities and the Surface Ancillary Amenities.
Moreover, the Capital Metropolitan Transportation Authority is
hereby authorized to grant such subleases, easements, and/or
licenses over, across, through or under the property described in
Sections 3(a) and 3(c) of this Act as the Capital Metropolitan
Transportation Authority may deem necessary or desirable in
connection with the development, operation and maintenance of the
Transportation Facilities and the Surface Ancillary Amenities.
(g) The State of Texas does not by this Act part with any
title, color of title or interest which it now owns in the property
described in Section 3 of this Act, except as granted herein.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.