Bill Text: TX HB2160 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the assessment of damages for certain condemnations by a high-speed rail company.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2017-03-21 - Referred to Land & Resource Management [HB2160 Detail]
Download: Texas-2017-HB2160-Introduced.html
| 85R10165 AJA-F | ||
| By: Wray | H.B. No. 2160 | |
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| relating to the assessment of damages for certain condemnations by | ||
| a high-speed rail company. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 112, Transportation Code, | ||
| is amended by adding Section 112.0531 to read as follows: | ||
| Sec. 112.0531. DAMAGES IN CONDEMNATION PROCEEDING: | ||
| HIGH-SPEED RAIL. (a) In this section, "high-speed rail company" | ||
| means a private railroad company that creates, funds, develops, or | ||
| operates a rail system capable of providing rail service operating | ||
| at speeds greater than 100 miles per hour. | ||
| (b) In assessing damages for a condemnation by a high-speed | ||
| rail company to which Section 21.042(c), Property Code, applies: | ||
| (1) Section 21.042(d), Property Code, does not apply; | ||
| and | ||
| (2) the special commissioners shall determine the | ||
| damages to the property owner for: | ||
| (A) any denial or impairment of access to the | ||
| property owner's remaining property; and | ||
| (B) any impairment of: | ||
| (i) the provision or routing of utilities, | ||
| including water, electricity, or wastewater, to or on the property | ||
| owner's remaining property; or | ||
| (ii) the placement or routing of municipal | ||
| utility infrastructure on the property owner's remaining property. | ||
| (c) The enactment of this section does not reflect a | ||
| determination by the legislature that a high-speed rail company has | ||
| eminent domain authority and does not constitute a grant of eminent | ||
| domain authority or a right to enter onto property. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to the assessment of damages in a condemnation proceeding commenced | ||
| on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
