Bill Text: TX SB979 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the disposition of real property intended for high-speed rail projects.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2017-05-17 - Left pending in committee [SB979 Detail]
Download: Texas-2017-SB979-Engrossed.html
| By: Schwertner, Creighton | S.B. No. 979 | |
| Kolkhorst | ||
|
|
||
|
|
||
| relating to the disposition of real property intended 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" | ||
| means intercity passenger service that is reasonably expected to | ||
| reach speeds of at least 110 miles per hour. | ||
| (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 real property acquired on or after | ||
| September 1, 2017. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
