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