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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of real property acquired for |
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high-speed rail projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 112, Transportation Code, |
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is amended by adding Section 112.063 to read as follows: |
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Sec. 112.063. DISPOSITION OF REAL PROPERTY ACQUIRED FOR |
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HIGH-SPEED RAIL PROJECT. (a) In this section, "high-speed rail" |
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has the meaning assigned by Section 112.201. |
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(b) Except as provided by Subsection (d), a private entity |
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that operates or plans to operate a high-speed rail project, |
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represents itself as having the power of eminent domain, and |
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acquires real property for a high-speed rail project may not use the |
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property for any purpose other than a high-speed rail project. |
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(c) Except as provided by Subsection (d), a person from whom |
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real property is acquired by a private entity as described by |
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Subsection (b), and the person's heirs, successors, and assigns, |
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are entitled to notice and opportunity to repurchase the property |
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before all other purchasers for the price paid to the owner by the |
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entity at the time the entity acquired the property if: |
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(1) the high-speed rail project for which the property |
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was acquired is canceled before the property is used for that |
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project; |
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(2) the property is not used for the high-speed rail |
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project for which the property was acquired before the 10th |
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anniversary of the date of acquisition; or |
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(3) the property becomes unnecessary for the |
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high-speed rail project for which the property was acquired before |
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the 10th anniversary of the date of acquisition. |
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(d) Subsections (b) and (c) do not apply to real property |
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acquired by a private entity as described by Subsection (b) that is |
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not acquired through a condemnation proceeding under Chapter 21, |
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Property Code, if, before the acquisition of the property: |
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(1) the entity acquiring the property gives written |
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notice to the person from whom the property is to be acquired that |
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the property may be used for a purpose other than a high-speed rail |
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project; and |
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(2) the person from whom the property is to be acquired |
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signs a statement acknowledging that written notice was given under |
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Subdivision (1). |
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(e) This section does not affect: |
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(1) the rights of a person from whom real property is |
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acquired under Chapter 21, Property Code; or |
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(2) any statutory right of an entity with the power of |
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eminent domain. |
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(f) Notice and repurchase as required by Subsection (c) |
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shall follow the timelines and processes for notice and repurchase |
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in Chapter 21, Property Code. |
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(g) This section applies to a private entity that represents |
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itself: |
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(1) as a railroad, whether or not the entity is a |
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railroad; or |
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(2) as another entity that may exercise the power of |
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eminent domain. |
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SECTION 2. Section 112.063, Transportation Code, as added |
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by this Act, applies only to the disposition of real property |
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acquired on or after the effective date of this Act. The |
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disposition of real property acquired before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |