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Texas Senate Bill SB1838

Texas 2021 - 87th Regular

Texas Senate Bill SB1838 Compare Versions

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11 By: Eckhardt S.B. No. 1838
2- (In the Senate - Filed March 12, 2021; March 26, 2021, read
3- first time and referred to Committee on Transportation;
4- April 23, 2021, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 8, Nays 0; April 23, 2021,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 1838 By: West
92
103
114 A BILL TO BE ENTITLED
125 AN ACT
13- relating to the grant of a 99-year lease of certain state property
14- and certain easements to the Capital Metropolitan Transportation
15- Authority.
6+ relating to the modification of a 99-year lease of certain state
7+ property.
168 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17- SECTION 1. Sections 2B(a) and (b), Chapter 34 (H.B. 215),
18- General Laws, Acts of the 33rd Legislature, Regular Session, 1913,
19- are amended to read as follows:
20- (a) The leasehold interest granted by the state under
21- Sections 2 and 2A(a)(2) of this Act shall be limited to only the
22- surface of the property described in Sections 1 and 2A(a)(2) of this
23- Act and shall be subject and subordinate to those rights and
24- interests granted to the Capital Metropolitan Transportation
25- Authority pursuant to Section 3 of this Act, provided however that
26- the Capital Metropolitan Transportation Authority shall exercise
27- those rights and interests so as to reasonably accommodate the
28- public park uses authorized by Sections 2 and 2A of this Act. The
29- state does not by this Act part with any title, color of title or
30- interest which it now owns in the property described in this Act,
31- except as granted herein.
32- (b) In the event, however, the City of Austin should fail to
33- use the property described in Section 1 or 2A(a)(1) or (2) of this
34- Act for the purpose or purposes designated, that property shall
35- revert to the State as upon breach of condition subsequent,
36- provided, however, that if the exercise of the rights and interests
37- granted to the Capital Metropolitan Transportation Authority under
38- Section 3 of this Act prevents the use of the property for a purpose
39- designated for any period of time during the lease, such failure
40- shall not be a breach of conditions.
9+ SECTION 1. Chapter 34 (H.B. 215), General Laws, Acts of the
10+ 33rd Legislature, Regular Session, 1913, is amended by deleting
11+ Section 2B.(a) in its entirety and in lieu thereof substituting the
12+ following:
13+ Sec. 2B. (a) The leasehold interest granted by the State
14+ of Texas pursuant to Sections 2 and Section 2A of this Act shall be
15+ limited to only the surface of the property described in Sections 1,
16+ 2A(a)1, and 2A(a)(2) of this Act, and shall be subject and
17+ subordinate to those rights and interests granted to the Capital
18+ Metropolitan Transportation Authority pursuant to Section 3
19+ hereof. The State of Texas does not by this Act part with any title,
20+ color of title or interest which it now owns in the property
21+ described in this Act, except as granted herein.
4122 SECTION 2. Chapter 34 (H.B. 215), General Laws, Acts of the
4223 33rd Legislature, Regular Session, 1913, is amended by adding
4324 Section 3 to read as follows:
4425 Sec. 3. (a) Notwithstanding any other provision of this
4526 Act, the State of Texas hereby cedes and grants to the Capital
4627 Metropolitan Transportation Authority for a period of 99 years
47- beginning on the effective date of this Act a lease of all of the
48- subsurface strata below the surface of the property described only
49- in Sections 1 and 2A(a)(2) of this Act and the streets abutting such
28+ beginning on the effective date of passage, a lease of all of the
29+ subsurface strata below the surface of the property described in
30+ Sections 1 and 2A.(a)(2) of this Act, and the streets abutting such
5031 property to the center of such streets.
5132 (b) The Capital Metropolitan Transportation Authority may
52- use the subsurface of the property described in Subsection (a) of
53- this section only for public transportation, a subway or
54- underground railway station, tunnel, or terminal, and
55- transportation facilities, including any related retail,
56- commercial, public performance and exhibition, and public amenity
57- purposes. In any location and at any depth below the surface of the
58- property described in Subsection (a) of this section, the Capital
59- Metropolitan Transportation Authority may construct, operate,
60- repair, maintain, replace, and remove the following transportation
61- facilities:
62- (1) public transportation facilities, including
63- subway and railway tunnels, stations, tracks, and related
64- improvements;
33+ use the subsurface of the property described in Section 3(a) of this
34+ Act for public transportation, subway and/or underground railway
35+ station, tunnel and/or terminal, and any retail, commercial, public
36+ performances and exhibitions, and public amenity purposes. In any
37+ location and at any depth below the surface of the property
38+ described in Section 3(a) of this Act, The Capital Metropolitan
39+ Transportation Authority may construct, operate, repair, maintain,
40+ replace and remove (collectively, the "Transportation
41+ Facilities"):
42+ (1) public transportation facilities, including,
43+ subway and railway tunnels, stations, tracks, and
44+ improvements related thereto;
6545 (2) common areas and facilities designated for the
6646 general use and convenience of any subtenants, passengers,
67- visitors, and occupants of the transportation facilities,
68- including concourses, tunnels, piers, boarding areas, stages,
69- exhibition and performance areas, seating areas, elevators, moving
70- walkways, sidewalks, stairways, escalators, pedestrian entrances,
71- station portals, air intakes or exits, loading zones, landscaping,
72- and any related facilities or improvements;
73- (3) shops, stores, booths, stands, spaces, and related
74- facilities used for any commercial, retail, market, or restaurant
75- uses;
76- (4) billboards and any advertising or promotional
77- signs or displays; and
78- (5) improvements, utilities, and related
79- infrastructure and public amenities related to the provision and
80- development of services and facilities described by Subdivisions
81- (1), (2), (3), and (4) of this subsection.
47+ visitors and occupants of the Transportation Facilities,
48+ including concourses, tunnels, piers, boarding areas,
49+ stages, exhibitions and performance areas, seating areas,
50+ elevators, moving walkways, sidewalks, stairways,
51+ escalators, pedestrian entrances, station portals, air
52+ intakes/exits, loading zones, landscaping and any facilities
53+ and improvements related thereto;
54+ (3) shops, stores, booths, stands, spaces and related
55+ facilities used for any commercial, retail, market and
56+ restaurant uses;
57+ (4) billboards, and any advertising and/or
58+ promotional signs and/or displays, and,
59+ (5) improvements, utilities and related
60+ infrastructure and public amenities related to the provision
61+ and development of all of the foregoing.
8262 (c) Notwithstanding any other provision of this Act, the
8363 State of Texas hereby cedes and grants to the Capital Metropolitan
8464 Transportation Authority for a period of 99 years beginning on the
85- effective date of this Act the following easements on the surface of
86- the property described only in Sections 1 and 2A(a)(2) of this Act
65+ effective date of passage, the following easements on the surface
66+ of the property described in Sections 1 and 2A.(a)(2) of this Act,
8767 and the streets abutting such property to the center of such
8868 streets:
89- (1) a temporary nonexclusive construction easement to
90- use the minimum amount of the surface of the property as the Capital
91- Metropolitan Transportation Authority may reasonably consider
92- necessary:
93- (A) for a period not to exceed five years from the
94- commencement of construction in connection with the installation of
95- the transportation facilities described by Subsection (b) of this
96- section or the surface ancillary amenities described by Subdivision
97- (5) of this subsection; and
98- (B) from time to time after the period described
99- by Paragraph (A) of this subdivision for the purpose of renovating,
100- maintaining, repairing, replacing, relocating, or removing all or
101- any part of the transportation facilities described by Subsection
102- (b) of this section or the surface ancillary amenities described by
103- Subdivision (5) of this subsection;
104- (2) a nonexclusive access easement for maintenance
105- vehicle and pedestrian ingress, egress, and access to and from the
106- transportation facilities described by Subsection (b) of this
107- section on, over, and across the surface of the property, whether on
108- existing roadways, sidewalks, or walkways located on the property
109- or otherwise over the surface ancillary amenities described by
110- Subdivision (5) of this subsection as the Capital Metropolitan
111- Transportation Authority may install from time to time;
112- (3) a nonexclusive easement over the property for
113- audio, visual, view, reflective light, shadow flicker, glimmer,
114- noise, shadow, glare, and any other effects attributable to the
115- transportation facilities described by Subsection (b) of this
116- section located under or on the property and on property adjacent to
117- that property;
118- (4) a nonexclusive easement over the surface of the
119- property for the purpose of installing, maintaining, repairing,
120- replacing, relocating, or removing from time to time any:
121- (A) power transmission lines:
122- (i) including overhead and underground
123- transmission lines, poles, anchors, conduits, support structures,
124- cables, distribution and interconnection facilities, and related
125- utility facilities, infrastructure, and equipment; and
126- (ii) excluding any substation;
127- (B) telecommunication and data lines, including
128- overhead and underground transmission lines, poles, anchors,
129- conduits, support structures, cables, and related utility
130- facilities, infrastructure, and equipment;
131- (C) water, drainage, waste and sewer lines,
132- conduits, support structures, and related utility facilities,
133- infrastructure, and equipment; and
134- (D) other utility facilities, infrastructure,
135- and equipment as the Capital Metropolitan Transportation Authority
136- may consider necessary or desirable in connection with the
137- development, operation, and maintenance of the transportation
138- facilities described by Subsection (b) of this section or the
139- surface ancillary amenities described by Subdivision (5) of this
140- subsection; and
141- (5) an encroachment easement for the Capital
142- Metropolitan Transportation Authority to install over the surface
143- of the property, for the purpose of providing access to the
144- transportation facilities described by Subsection (b) of this
145- section, surface ancillary amenities compatible with public park
146- uses as follows:
147- (A) for a period not to exceed five years from the
148- commencement of construction in connection with the installation of
149- the transportation facilities described by Subsection (b) of this
150- section, the right to construct and install aboveground signage,
151- booths, walkways, sidewalks, elevators, stairwells, escalators,
152- awnings, entryways, exits, fences, landscaping, air intakes or
153- exits, trash receptacles, and other public amenities; and
154- (B) from time to time after the period described
155- by Paragraph (A) of this subdivision, the right to:
156- (i) maintain, repair, replace, or remove a
157- surface ancillary amenity listed in Paragraph (A) of this
158- subdivision; and
159- (ii) construct or install fences,
160- landscaping, trash receptacles, and surface ancillary amenities
161- that are wayfinding in nature, including aboveground signage,
162- booths, and awnings.
163- (d) The Capital Metropolitan Transportation Authority
164- shall, in exercising the Capital Metropolitan Transportation
165- Authority's rights and interests on the surface of the property:
166- (1) to mitigate and minimize harm to the public park
167- uses, take measures that, at a minimum, comply with 49 U.S.C.
168- Section 303 and 23 U.S.C. Section 138; and
169- (2) use best efforts to preserve and protect any
170- existing trees that are 24 caliper inches or larger.
171- (e) Each easement granted to the Capital Metropolitan
172- Transportation Authority under Subsection (c) of this section shall
173- be appurtenant to the leasehold interest granted to the Capital
174- Metropolitan Transportation Authority under Subsection (a) of this
175- section, shall run with the property described in Subsections (a)
176- and (c) of this section, and shall inure to the benefit of the
177- Capital Metropolitan Transportation Authority. Nonuse of an
178- easement or right granted under Subsection (c) of this section does
179- not constitute abandonment or surrender and does not preclude the
180- use of the entire scope of the easement or right by the Capital
181- Metropolitan Transportation Authority at any time or from time to
69+ (1) a temporary non-exclusive construction easement
70+ to use as much of the surface of the property described in
71+ Section 3(c) of this Act as the Capital Metropolitan
72+ Transportation Authority may deem necessary from time to time
73+ for the purpose of constructing, maintaining, repairing,
74+ replacing, relocating and removing all or any part of the
75+ Transportation Facilities or the Surface Ancillary Amenities
76+ (as defined in Section 3(c)(5) below);
77+ (2) a non-exclusive access easement for vehicular and
78+ pedestrian ingress, egress, and access to and from the
79+ Transportation Facilities on, over and across the surface of
80+ the property described in Section 3(c) of this Act, whether
81+ on roadways, sidewalks or walkways located thereon if
82+ existing, or otherwise over such Surface Ancillary Amenities
83+ as the Capital Metropolitan Transportation Authority may
84+ install from time to time;
85+ (3) a non-exclusive easement over the property
86+ described in Section 3(c) of this Act for audio, visual,
87+ view, reflective light, shadow flicker, glimmer, noise,
88+ shadow, glare and any other effects attributable to the
89+ Transportation Facilities located under or on the property
90+ described in Section 3(c) of this Act and/or on property
91+ adjacent thereto;
92+ (4) a non-exclusive easement over the surface of the
93+ property described in Section 3(c) of this Act, for the
94+ purpose of installing, maintaining, repairing, replacing,
95+ relocating, and removing from time to time any (i) power
96+ transmission lines, including overhead and underground
97+ transmission lines, poles, anchors, conduits, support
98+ structures, cables, distribution and interconnection
99+ facilities, and related utility facilities, infrastructure,
100+ and equipment, (ii) telecommunication and data lines,
101+ including overhead and underground transmission lines,
102+ poles, anchors, conduits, support structures, cables, and
103+ related utility facilities, infrastructure, and equipment,
104+ (iii) water, drainage, waste and sewer lines, conduits,
105+ support structures, and related utility facilities,
106+ infrastructure, and equipment, and (iv) any other utility
107+ facilities, infrastructure and equipment as the Capital
108+ Metropolitan Transportation Authority may deem necessary or
109+ desirable in connection with the development, operation and
110+ maintenance of the Transportation Facilities and the Surface
111+ Ancillary Amenities; and,
112+ (5) an encroachment easement and right to construct,
113+ maintain, repair, replace, relocate and remove such
114+ above-ground signage, booths, walkways, sidewalks,
115+ elevators, stairwells, escalators, awnings, entryways,
116+ exits, fences, landscaping, air intakes/exits, trash
117+ receptacles and other public amenities (collectively, the
118+ "Surface Ancillary Amenities") as the Capital Metropolitan
119+ Transportation Authority my deem necessary or desirable to
120+ install over the surface of the property described in Section
121+ 3(c) of this Act.
122+ (d) Each easement granted to the Capital Metropolitan
123+ Transportation Authority pursuant to Section 3(c)(1) - (5) of this
124+ Act shall be appurtenant to the leasehold interest granted to the
125+ Capital Metropolitan Transportation Authority pursuant to Section
126+ 3(a) of this Act, shall run with the property described in Sections
127+ 3(a) and 3(c) of this Act, and shall inure to the benefit of the
128+ Capital Metropolitan Transportation Authority. Nonuse of the
129+ easements or rights granted pursuant to Section 3(c) of this Act
130+ shall not constitute abandonment or surrender, nor shall it
131+ preclude the use of the entire scope thereof by Capital
132+ Metropolitan Transportation Authority at any time from time to
182133 time.
183- (f) The state acknowledges and agrees that the Capital
134+ (e) The State acknowledges and agrees that the Capital
184135 Metropolitan Transportation Authority shall be the sole and
185- exclusive owner of all transportation facilities described by
186- Subsection (b) of this section and surface ancillary amenities
187- described by Subsection (c)(5) of this section installed under this
188- section, and the Capital Metropolitan Transportation Authority may
189- convey or remove the same at any time or from time to time. The
190- state hereby waives any lien rights, whether statutory or
191- otherwise, the state has or may have to the transportation
192- facilities described by Subsection (b) of this section or the
193- surface ancillary amenities described by Subsection (c)(5) of this
194- section.
195- (g) The Capital Metropolitan Transportation Authority shall
136+ exclusive owner of any Transportation Facilities and Surface
137+ Ancillary Amenities installed pursuant to Section 3 of this Act,
138+ and the Capital Metropolitan Transportation Authority may remove
139+ the same at any time from time to time. The State hereby waives any
140+ lien rights, whether statutory or otherwise, the State has or may
141+ have to the Transportation Facilities and Surface Ancillary
142+ Amenities.
143+ (f) The Capital Metropolitan Transportation Authority shall
196144 have the right at any time and from time to time to assign,
197- encumber, hypothecate, mortgage, or pledge any right, title, or
198- interest granted to the Capital Metropolitan Transportation
199- Authority under this section, including, without limitation, any of
200- its right, title, or interest in and to the transportation
201- facilities described by Subsection (b) of this section or the
202- surface ancillary amenities described by Subsection (c)(5) of this
203- section. Moreover, the Capital Metropolitan Transportation
204- Authority is hereby authorized to grant such subleases, easements,
205- and licenses over, across, through, or under the property described
206- in Subsections (a) and (c) of this section as the Capital
207- Metropolitan Transportation Authority may consider necessary or
208- desirable in connection with the development, operation, or
209- maintenance of the transportation facilities described by
210- Subsection (b) of this section or the surface ancillary amenities
211- described by Subsection (c)(5) of this section.
212- (h) The State of Texas does not by this Act part with any
213- title, color of title, or interest which it now owns in the property
214- described in this section, except as granted in this section.
145+ encumber, hypothecate, mortgage or pledge any of its right, title,
146+ or interest granted to the Capital Metropolitan Transportation
147+ Authority pursuant to Section 3 of this Act, including, without
148+ limitation, any of its right, title and interest in and to the
149+ Transportation Facilities and the Surface Ancillary Amenities.
150+ Moreover, the Capital Metropolitan Transportation Authority is
151+ hereby authorized to grant such subleases, easements, and/or
152+ licenses over, across, through or under the property described in
153+ Sections 3(a) and 3(c) of this Act as the Capital Metropolitan
154+ Transportation Authority may deem necessary or desirable in
155+ connection with the development, operation and maintenance of the
156+ Transportation Facilities and the Surface Ancillary Amenities.
157+ (g) The State of Texas does not by this Act part with any
158+ title, color of title or interest which it now owns in the property
159+ described in Section 3 of this Act, except as granted herein.
215160 SECTION 3. This Act takes effect immediately if it receives
216161 a vote of two-thirds of all the members elected to each house, as
217162 provided by Section 39, Article III, Texas Constitution. If this
218163 Act does not receive the vote necessary for immediate effect, this
219164 Act takes effect September 1, 2021.
220- * * * * *