| 1 | 1 | | 88R4339 BEE-D |
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| 2 | 2 | | By: Harrison H.B. No. 2931 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to limitations on the applicability of certain statutes to |
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| 8 | 8 | | high-speed rail. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 112.002, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsection (b) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b) A railroad company may: |
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| 14 | 14 | | (1) sue, be sued, plead, and be impleaded in its |
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| 15 | 15 | | corporate name; |
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| 16 | 16 | | (2) have and use a seal and alter the seal at will; |
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| 17 | 17 | | (3) receive and convey persons and property on its |
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| 18 | 18 | | railway by any mechanical power, including the use of steam; |
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| 19 | 19 | | (4) regulate the time and manner in which, and the |
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| 20 | 20 | | compensation for which, passengers and property are transported, |
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| 21 | 21 | | subject to the provisions of law; |
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| 22 | 22 | | (5) except as provided by Subsection (c), exercise the |
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| 23 | 23 | | power of eminent domain for the purposes prescribed by this |
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| 24 | 24 | | subtitle or Subtitle D; |
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| 25 | 25 | | (6) purchase, hold, and use all property as necessary |
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| 26 | 26 | | for the construction and use of its railway, stations, and other |
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| 27 | 27 | | accommodations necessary to accomplish company objectives, and |
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| 28 | 28 | | convey that property when no longer required for railway use; and |
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| 29 | 29 | | (7) take, hold, and use property granted to the |
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| 30 | 30 | | company to aid in the construction and use of its railway, and |
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| 31 | 31 | | convey that property in a manner consistent with the terms of the |
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| 32 | 32 | | grant when the property is no longer required for railway use. |
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| 33 | 33 | | (c) A private entity may not exercise the power of eminent |
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| 34 | 34 | | domain for the purpose of developing or operating high-speed rail, |
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| 35 | 35 | | as defined by Section 111.103, 112.201, or 199.003. |
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| 36 | 36 | | SECTION 2. Subchapter B, Chapter 131, Transportation Code, |
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| 37 | 37 | | is amended by adding Section 131.0115 to read as follows: |
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| 38 | 38 | | Sec. 131.0115. INAPPLICABILITY TO HIGH-SPEED RAIL. This |
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| 39 | 39 | | subchapter does not apply to high-speed rail, as defined by Section |
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| 40 | 40 | | 111.103, 112.201, or 199.003. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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