Bill Text: TX HB3893 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the modification of a 99-year lease of certain state property to the City of Austin and the grant of a 99-year lease of certain state property and certain easements to the Capital Metropolitan Transportation Authority.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2021-05-19 - Placed on intent calendar [HB3893 Detail]
Download: Texas-2021-HB3893-Comm_Sub.html
| By: Hinojosa, et al. (Senate Sponsor - Eckhardt) | H.B. No. 3893 | |
| (In the Senate - Received from the House May 5, 2021; | ||
| May 10, 2021, read first time and referred to Committee on | ||
| Transportation; May 17, 2021, reported favorably by the following | ||
| vote: Yeas 8, Nays 0; May 17, 2021, sent to printer.) | ||
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| relating to the modification of a 99-year lease of certain state | ||
| property to the City of Austin and the grant of a 99-year lease of | ||
| certain state property and certain easements to the Capital | ||
| Metropolitan Transportation Authority. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 2B(a) and (b), Chapter 34 (H.B. 215), | ||
| General Laws, Acts of the 33rd Legislature, Regular Session, 1913, | ||
| are amended to read as follows: | ||
| (a) The leasehold interest granted by the state under | ||
| Sections 2 and 2A(a)(2) of this Act shall be limited to only the | ||
| surface of the property described in Sections 1 and 2A(a)(2) of this | ||
| Act and shall be subject and subordinate to those rights and | ||
| interests granted to the Capital Metropolitan Transportation | ||
| Authority pursuant to Section 3 of this Act, provided however that | ||
| the Capital Metropolitan Transportation Authority shall exercise | ||
| those rights and interests so as to reasonably accommodate the | ||
| public park uses authorized by Sections 2 and 2A of this Act. The | ||
| state does not by this Act part with any title, color of title or | ||
| interest which it now owns in the property described in this Act, | ||
| except as granted herein. | ||
| (b) In the event, however, the City of Austin should fail to | ||
| use the property described in Section 1 or 2A(a)(1) or (2) of this | ||
| Act for the purpose or purposes designated, that property shall | ||
| revert to the State as upon breach of condition subsequent, | ||
| provided, however, that if the exercise of the rights and interests | ||
| granted to the Capital Metropolitan Transportation Authority under | ||
| Section 3 of this Act prevents the use of the property for a purpose | ||
| designated for any period of time during the lease, such failure | ||
| shall not be a breach of conditions. | ||
| SECTION 2. Chapter 34 (H.B. 215), General Laws, Acts of the | ||
| 33rd Legislature, Regular Session, 1913, is amended by adding | ||
| Section 3 to read as follows: | ||
| Sec. 3. (a) Notwithstanding any other provision of this | ||
| Act, the State of Texas hereby cedes and grants to the Capital | ||
| Metropolitan Transportation Authority for a period of 99 years | ||
| beginning on the effective date of this Act a lease of all of the | ||
| subsurface strata below the surface of the property described only | ||
| in Sections 1 and 2A(a)(2) of this Act and the streets abutting such | ||
| property to the center of such streets. | ||
| (b) The Capital Metropolitan Transportation Authority may | ||
| use the subsurface of the property described in Subsection (a) of | ||
| this section only for public transportation, a subway or | ||
| underground railway station, tunnel, or terminal, and | ||
| transportation facilities, including any related retail, | ||
| commercial, public performance and exhibition, and public amenity | ||
| purposes. In any location and at any depth below the surface of the | ||
| property described in Subsection (a) of this section, the Capital | ||
| Metropolitan Transportation Authority may construct, operate, | ||
| repair, maintain, replace, and remove the following transportation | ||
| facilities: | ||
| (1) public transportation facilities, including | ||
| subway and railway tunnels, stations, tracks, and related | ||
| improvements; | ||
| (2) common areas and facilities designated for the | ||
| general use and convenience of any subtenants, passengers, | ||
| visitors, and occupants of the transportation facilities, | ||
| including concourses, tunnels, piers, boarding areas, stages, | ||
| exhibition and performance areas, seating areas, elevators, moving | ||
| walkways, sidewalks, stairways, escalators, pedestrian entrances, | ||
| station portals, air intakes or exits, loading zones, landscaping, | ||
| and any related facilities or improvements; | ||
| (3) shops, stores, booths, stands, spaces, and related | ||
| facilities used for any commercial, retail, market, or restaurant | ||
| uses; | ||
| (4) billboards and any advertising or promotional | ||
| signs or displays; and | ||
| (5) improvements, utilities, and related | ||
| infrastructure and public amenities related to the provision and | ||
| development of services and facilities described by Subdivisions | ||
| (1), (2), (3), and (4) of this subsection. | ||
| (c) Notwithstanding any other provision of this Act, the | ||
| State of Texas hereby cedes and grants to the Capital Metropolitan | ||
| Transportation Authority for a period of 99 years beginning on the | ||
| effective date of this Act the following easements on the surface of | ||
| the property described only in Sections 1 and 2A(a)(2) of this Act | ||
| and the streets abutting such property to the center of such | ||
| streets: | ||
| (1) a temporary nonexclusive construction easement to | ||
| use the minimum amount of the surface of the property as the Capital | ||
| Metropolitan Transportation Authority may reasonably consider | ||
| necessary: | ||
| (A) for a period not to exceed five years from the | ||
| commencement of construction in connection with the installation of | ||
| the transportation facilities described by Subsection (b) of this | ||
| section or the surface ancillary amenities described by Subdivision | ||
| (5) of this subsection; and | ||
| (B) from time to time after the period described | ||
| by Paragraph (A) of this subdivision for the purpose of renovating, | ||
| maintaining, repairing, replacing, relocating, or removing all or | ||
| any part of the transportation facilities described by Subsection | ||
| (b) of this section or the surface ancillary amenities described by | ||
| Subdivision (5) of this subsection; | ||
| (2) a nonexclusive access easement for maintenance | ||
| vehicle and pedestrian ingress, egress, and access to and from the | ||
| transportation facilities described by Subsection (b) of this | ||
| section on, over, and across the surface of the property, whether on | ||
| existing roadways, sidewalks, or walkways located on the property | ||
| or otherwise over the surface ancillary amenities described by | ||
| Subdivision (5) of this subsection as the Capital Metropolitan | ||
| Transportation Authority may install from time to time; | ||
| (3) a nonexclusive easement over the property for | ||
| audio, visual, view, reflective light, shadow flicker, glimmer, | ||
| noise, shadow, glare, and any other effects attributable to the | ||
| transportation facilities described by Subsection (b) of this | ||
| section located under or on the property and on property adjacent to | ||
| that property; | ||
| (4) a nonexclusive easement over the surface of the | ||
| property for the purpose of installing, maintaining, repairing, | ||
| replacing, relocating, or removing from time to time any: | ||
| (A) power transmission lines: | ||
| (i) including overhead and underground | ||
| transmission lines, poles, anchors, conduits, support structures, | ||
| cables, distribution and interconnection facilities, and related | ||
| utility facilities, infrastructure, and equipment; and | ||
| (ii) excluding any substation; | ||
| (B) telecommunication and data lines, including | ||
| overhead and underground transmission lines, poles, anchors, | ||
| conduits, support structures, cables, and related utility | ||
| facilities, infrastructure, and equipment; | ||
| (C) water, drainage, waste and sewer lines, | ||
| conduits, support structures, and related utility facilities, | ||
| infrastructure, and equipment; and | ||
| (D) other utility facilities, infrastructure, | ||
| and equipment as the Capital Metropolitan Transportation Authority | ||
| may consider necessary or desirable in connection with the | ||
| development, operation, and maintenance of the transportation | ||
| facilities described by Subsection (b) of this section or the | ||
| surface ancillary amenities described by Subdivision (5) of this | ||
| subsection; and | ||
| (5) an encroachment easement for the Capital | ||
| Metropolitan Transportation Authority to install over the surface | ||
| of the property, for the purpose of providing access to the | ||
| transportation facilities described by Subsection (b) of this | ||
| section, surface ancillary amenities compatible with public park | ||
| uses as follows: | ||
| (A) for a period not to exceed five years from the | ||
| commencement of construction in connection with the installation of | ||
| the transportation facilities described by Subsection (b) of this | ||
| section, the right to construct and install aboveground signage, | ||
| booths, walkways, sidewalks, elevators, stairwells, escalators, | ||
| awnings, entryways, exits, fences, landscaping, air intakes or | ||
| exits, trash receptacles, and other public amenities; and | ||
| (B) from time to time after the period described | ||
| by Paragraph (A) of this subdivision, the right to: | ||
| (i) maintain, repair, replace, or remove a | ||
| surface ancillary amenity listed in Paragraph (A) of this | ||
| subdivision; and | ||
| (ii) construct or install fences, | ||
| landscaping, trash receptacles, and surface ancillary amenities | ||
| that are wayfinding in nature, including aboveground signage, | ||
| booths, and awnings. | ||
| (d) The Capital Metropolitan Transportation Authority | ||
| shall, in exercising the Capital Metropolitan Transportation | ||
| Authority's rights and interests on the surface of the property: | ||
| (1) to mitigate and minimize harm to the public park | ||
| uses, take measures that, at a minimum, comply with 49 U.S.C. | ||
| Section 303 and 23 U.S.C. Section 138; and | ||
| (2) use best efforts to preserve and protect any | ||
| existing trees that are 24 caliper inches or larger. | ||
| (e) Each easement granted to the Capital Metropolitan | ||
| Transportation Authority under Subsection (c) of this section shall | ||
| be appurtenant to the leasehold interest granted to the Capital | ||
| Metropolitan Transportation Authority under Subsection (a) of this | ||
| section, shall run with the property described in Subsections (a) | ||
| and (c) of this section, and shall inure to the benefit of the | ||
| Capital Metropolitan Transportation Authority. Nonuse of an | ||
| easement or right granted under Subsection (c) of this section does | ||
| not constitute abandonment or surrender and does not preclude the | ||
| use of the entire scope of the easement or right by the Capital | ||
| Metropolitan Transportation Authority at any time or from time to | ||
| time. | ||
| (f) The state acknowledges and agrees that the Capital | ||
| Metropolitan Transportation Authority shall be the sole and | ||
| exclusive owner of all transportation facilities described by | ||
| Subsection (b) of this section and surface ancillary amenities | ||
| described by Subsection (c)(5) of this section installed under this | ||
| section, and the Capital Metropolitan Transportation Authority may | ||
| convey or remove the same at any time or from time to time. The | ||
| state hereby waives any lien rights, whether statutory or | ||
| otherwise, the state has or may have to the transportation | ||
| facilities described by Subsection (b) of this section or the | ||
| surface ancillary amenities described by Subsection (c)(5) of this | ||
| section. | ||
| (g) The Capital Metropolitan Transportation Authority shall | ||
| have the right at any time and from time to time to assign, | ||
| encumber, hypothecate, mortgage, or pledge any right, title, or | ||
| interest granted to the Capital Metropolitan Transportation | ||
| Authority under this section, including, without limitation, any of | ||
| its right, title, or interest in and to the transportation | ||
| facilities described by Subsection (b) of this section or the | ||
| surface ancillary amenities described by Subsection (c)(5) of this | ||
| section. Moreover, the Capital Metropolitan Transportation | ||
| Authority is hereby authorized to grant such subleases, easements, | ||
| and licenses over, across, through, or under the property described | ||
| in Subsections (a) and (c) of this section as the Capital | ||
| Metropolitan Transportation Authority may consider necessary or | ||
| desirable in connection with the development, operation, or | ||
| maintenance of the transportation facilities described by | ||
| Subsection (b) of this section or the surface ancillary amenities | ||
| described by Subsection (c)(5) of this section. | ||
| (h) The State of Texas does not by this Act part with any | ||
| title, color of title, or interest which it now owns in the property | ||
| described in this section, except as granted in this section. | ||
| 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, 2021. | ||
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