88R1237 BEE-D
By: Harris of Anderson H.B. No. 3870
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of real property acquired for
high-speed rail projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 112, Transportation Code,
is amended by adding Section 112.063 to read as follows:
Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR
HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail"
has the meaning assigned by Section 112.201.
(b) Except as provided by Subsection (d), a private entity
that operates or plans to operate a high-speed rail project,
represents itself as having the power of eminent domain, and
acquires real property for a high-speed rail project may not use the
property for any purpose other than a high-speed rail project.
(c) Except as provided by Subsection (d), a person from whom
real property is acquired by a private entity as described by
Subsection (b), and the person's heirs, successors, and assigns,
are entitled to notice and opportunity to repurchase the property
before all other purchasers for the price paid to the owner by the
entity at the time the entity acquired the property if:
(1) the high-speed rail project for which the property
was acquired is canceled before the property is used for that
project;
(2) the property is not used for the high-speed rail
project for which the property was acquired before the 10th
anniversary of the date of acquisition; or
(3) the property becomes unnecessary for the
high-speed rail project for which the property was acquired before
the 10th anniversary of the date of acquisition.
(d) Subsections (b) and (c) do not apply to real property
acquired by a private entity as described by Subsection (b) that is
not acquired through a condemnation proceeding under Chapter 21,
Property Code, if, before the acquisition of the property:
(1) the entity acquiring the property gives written
notice to the person from whom the property is to be acquired that
the property may be used for a purpose other than a high-speed rail
project; and
(2) the person from whom the property is to be acquired
signs a statement acknowledging that written notice was given under
Subdivision (1).
(e) This section does not affect:
(1) the rights of a person from whom real property is
acquired under Chapter 21, Property Code; or
(2) any statutory right of an entity with the power of
eminent domain.
(f) Notice and repurchase as required by Subsection (c)
shall follow the timelines and processes for notice and repurchase
in Chapter 21, Property Code.
(g) This section applies to a private entity that represents
itself:
(1) as a railroad, whether or not the entity is a
railroad; or
(2) as another entity that may exercise the power of
eminent domain.
SECTION 2. Section 112.063, Transportation Code, as added
by this Act, applies only to the disposition of real property
acquired on or after the effective date of this Act. The
disposition of real property acquired before the effective date of
this Act is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2023.