Bill Text: TX HB2179 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the acquisition and disposition of real property intended for high-speed rail projects.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-03-21 - Referred to Land & Resource Management [HB2179 Detail]
Download: Texas-2017-HB2179-Introduced.html
| 85R9490 BEE-D | ||
| By: Cook | H.B. No. 2179 | |
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| relating to the acquisition and disposition of real property | ||
| intended for high-speed rail projects. | ||
| 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 a high-speed rail | ||
| project. In this section, "high-speed rail" means intercity | ||
| passenger service that is reasonably expected to reach speeds of at | ||
| least 110 miles per hour. | ||
| SECTION 2. 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" | ||
| means intercity passenger service that is reasonably expected to | ||
| reach speeds of at least 110 miles per hour. | ||
| (b) A private entity that operates or plans to operate a | ||
| high-speed rail project and acquires real property for a high-speed | ||
| rail project through the threat of condemnation: | ||
| (1) may not use the property for any purpose other than | ||
| a high-speed rail project; and | ||
| (2) if the property is not used for a high-speed rail | ||
| project, may not convey the property to any person unless the former | ||
| property owner is given notice and opportunity to repurchase the | ||
| property. | ||
| SECTION 3. Section 112.063, Transportation Code, as added | ||
| by this Act, applies only to real property acquired on or after | ||
| September 1, 2017. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
