Texas 2025 - 89th Regular

Texas House Bill HB2979 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11636 JAM-D
2	2	By: Harris H.B. No. 2979
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a prohibition on the exercise of eminent domain and the
10	10	disposition of certain property acquired for certain rail projects.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 112.002, Transportation Code, is amended
13	13	by amending Subsection (b) and adding Subsection (c) to read as
14	14	follows:
15	15	(b) A railroad company may:
16	16	(1) sue, be sued, plead, and be impleaded in its
17	17	corporate name;
18	18	(2) have and use a seal and alter the seal at will;
19	19	(3) receive and convey persons and property on its
20	20	railway by any mechanical power, including the use of steam;
21	21	(4) regulate the time and manner in which, and the
22	22	compensation for which, passengers and property are transported,
23	23	subject to the provisions of law;
24	24	(5) except as provided by Subsection (c), exercise the
25	25	power of eminent domain for the purposes prescribed by this
26	26	subtitle or Subtitle D;
27	27	(6) purchase, hold, and use all property as necessary
28	28	for the construction and use of its railway, stations, and other
29	29	accommodations necessary to accomplish company objectives, and
30	30	convey that property when no longer required for railway use; and
31	31	(7) take, hold, and use property granted to the
32	32	company to aid in the construction and use of its railway, and
33	33	convey that property in a manner consistent with the terms of the
34	34	grant when the property is no longer required for railway use.
35	35	(c) A private entity may not exercise the power of eminent
36	36	domain for the purpose of developing or operating a high-speed rail
37	37	project, as defined by Section 112.201.
38	38	SECTION 2. Subchapter B, Chapter 112, Transportation Code,
39	39	is amended by adding Section 112.063 to read as follows:
40	40	Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR
41	41	HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail"
42	42	has the meaning assigned by Section 112.201.
43	43	(b) Except as provided by Subsection (d), a private entity
44	44	that acquires real property for a high-speed rail project may not
45	45	use that property for any purpose other than a high-speed rail
46	46	project.
47	47	(c) Except as provided by Subsection (d), a person from whom
48	48	real property is acquired by a private entity as described by
49	49	Subsection (b), and the person's heirs, successors, and assigns,
50	50	are entitled to notice and opportunity to repurchase the property
51	51	before all other purchasers for the price paid to the owner by the
52	52	entity at the time the entity acquired the property if:
53	53	(1) the high-speed rail project for which the property
54	54	was acquired is canceled before the property is used for that
55	55	project;
56	56	(2) the property is not used for the high-speed rail
57	57	project for which the property was acquired before the 10th
58	58	anniversary of the date of acquisition; or
59	59	(3) the property becomes unnecessary for the
60	60	high-speed rail project for which the property was acquired before
61	61	the 10th anniversary of the date of acquisition.
62	62	(d) Subsections (b) and (c) do not apply to real property
63	63	acquired by a private entity as described by Subsection (b) if,
64	64	before the acquisition of the property:
65	65	(1) the entity acquiring the property gives written
66	66	notice to the person from whom the property is to be acquired that
67	67	the property may be used for a purpose other than a high-speed rail
68	68	project; and
69	69	(2) the person from whom the property is to be acquired
70	70	signs a statement acknowledging that written notice was given under
71	71	Subdivision (1).
72	72	(e) Notice and repurchase as required by Subsection (c)
73	73	shall follow the timelines and processes for notice and repurchase
74	74	in Chapter 21, Property Code.
75	75	SECTION 3. Section 131.012, Transportation Code, is amended
76	76	to read as follows:
77	77	Sec. 131.012. EMINENT DOMAIN. (a) Except as provided by
78	78	Subsection (b), a [A] corporation chartered for the purpose of
79	79	constructing, acquiring, maintaining, or operating lines of
80	80	electric railway between municipalities in this state for the
81	81	transportation of freight, passengers, or both freight and
82	82	passengers may:
83	83	(1) exercise the power of eminent domain with all the
84	84	rights and powers granted by law to a railroad company; and
85	85	(2) enter, condemn, and appropriate land,
86	86	right-of-way, easements, or other property of any person or
87	87	corporation to acquire:
88	88	(A) right-of-way on which to construct and
89	89	operate lines of railway for the acquiring corporation; or
90	90	(B) sites for depots or power plants.
91	91	(b) An interurban electric railway company may not exercise
92	92	the power of eminent domain for the purposes described by
93	93	Subsection (a).
94	94	SECTION 4. Section 112.063, Transportation Code, as added
95	95	by this Act, applies to real property acquired on or after September
96	96	1, 2025.
97	97	SECTION 5. This Act takes effect September 1, 2025.