Bill Text: TX SB1838 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the grant of a 99-year lease of certain state property and certain easements to the Capital Metropolitan Transportation Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-05 - Not again placed on intent calendar [SB1838 Detail]
Download: Texas-2021-SB1838-Introduced.html
Bill Title: Relating to the grant of a 99-year lease of certain state property and certain easements to the Capital Metropolitan Transportation Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-05 - Not again placed on intent calendar [SB1838 Detail]
Download: Texas-2021-SB1838-Introduced.html
By: Eckhardt | S.B. No. 1838 | |
|
||
|
||
relating to the modification of a 99-year lease of certain state | ||
property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 34 (H.B. 215), General Laws, Acts of the | ||
33rd Legislature, Regular Session, 1913, is amended by deleting | ||
Section 2B.(a) in its entirety and in lieu thereof substituting the | ||
following: | ||
Sec. 2B. (a) The leasehold interest granted by the State | ||
of Texas pursuant to Sections 2 and Section 2A of this Act shall be | ||
limited to only the surface of the property described in Sections 1, | ||
2A(a)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 | ||
hereof. 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 Act, except as granted herein. | ||
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 passage, a lease of all of the | ||
subsurface strata below the surface of the property described 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 Section 3(a) of this | ||
Act for public transportation, subway and/or underground railway | ||
station, tunnel and/or terminal, and any retail, commercial, public | ||
performances and exhibitions, and public amenity purposes. In any | ||
location and at any depth below the surface of the property | ||
described in Section 3(a) of this Act, The Capital Metropolitan | ||
Transportation Authority may construct, operate, repair, maintain, | ||
replace and remove (collectively, the "Transportation | ||
Facilities"): | ||
(1) public transportation facilities, including, | ||
subway and railway tunnels, stations, tracks, and | ||
improvements related thereto; | ||
(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, exhibitions and performance areas, seating areas, | ||
elevators, moving walkways, sidewalks, stairways, | ||
escalators, pedestrian entrances, station portals, air | ||
intakes/exits, loading zones, landscaping and any facilities | ||
and improvements related thereto; | ||
(3) shops, stores, booths, stands, spaces and related | ||
facilities used for any commercial, retail, market and | ||
restaurant uses; | ||
(4) billboards, and any advertising and/or | ||
promotional signs and/or displays, and, | ||
(5) improvements, utilities and related | ||
infrastructure and public amenities related to the provision | ||
and development of all of the foregoing. | ||
(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 passage, the following easements on the surface | ||
of the property described 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 non-exclusive construction easement | ||
to use as much of the surface of the property described in | ||
Section 3(c) of this Act as the Capital Metropolitan | ||
Transportation Authority may deem necessary from time to time | ||
for the purpose of constructing, maintaining, repairing, | ||
replacing, relocating and removing all or any part of the | ||
Transportation Facilities or the Surface Ancillary Amenities | ||
(as defined in Section 3(c)(5) below); | ||
(2) a non-exclusive access easement for vehicular and | ||
pedestrian ingress, egress, and access to and from the | ||
Transportation Facilities on, over and across the surface of | ||
the property described in Section 3(c) of this Act, whether | ||
on roadways, sidewalks or walkways located thereon if | ||
existing, or otherwise over such Surface Ancillary Amenities | ||
as the Capital Metropolitan Transportation Authority may | ||
install from time to time; | ||
(3) a non-exclusive easement over the property | ||
described in Section 3(c) of this Act for audio, visual, | ||
view, reflective light, shadow flicker, glimmer, noise, | ||
shadow, glare and any other effects attributable to the | ||
Transportation Facilities located under or on the property | ||
described in Section 3(c) of this Act and/or on property | ||
adjacent thereto; | ||
(4) a non-exclusive easement over the surface of the | ||
property described in Section 3(c) of this Act, for the | ||
purpose of installing, maintaining, repairing, replacing, | ||
relocating, and removing from time to time any (i) power | ||
transmission lines, including overhead and underground | ||
transmission lines, poles, anchors, conduits, support | ||
structures, cables, distribution and interconnection | ||
facilities, and related utility facilities, infrastructure, | ||
and equipment, (ii) telecommunication and data lines, | ||
including overhead and underground transmission lines, | ||
poles, anchors, conduits, support structures, cables, and | ||
related utility facilities, infrastructure, and equipment, | ||
(iii) water, drainage, waste and sewer lines, conduits, | ||
support structures, and related utility facilities, | ||
infrastructure, and equipment, and (iv) any other utility | ||
facilities, infrastructure and equipment as the Capital | ||
Metropolitan Transportation Authority may deem necessary or | ||
desirable in connection with the development, operation and | ||
maintenance of the Transportation Facilities and the Surface | ||
Ancillary Amenities; and, | ||
(5) an encroachment easement and right to construct, | ||
maintain, repair, replace, relocate and remove such | ||
above-ground signage, booths, walkways, sidewalks, | ||
elevators, stairwells, escalators, awnings, entryways, | ||
exits, fences, landscaping, air intakes/exits, trash | ||
receptacles and other public amenities (collectively, the | ||
"Surface Ancillary Amenities") as the Capital Metropolitan | ||
Transportation Authority my deem necessary or desirable to | ||
install over the surface of the property described in Section | ||
3(c) of this Act. | ||
(d) Each easement granted to the Capital Metropolitan | ||
Transportation Authority pursuant to Section 3(c)(1) - (5) of this | ||
Act shall be appurtenant to the leasehold interest granted to the | ||
Capital Metropolitan Transportation Authority pursuant to Section | ||
3(a) of this Act, shall run with the property described in Sections | ||
3(a) and 3(c) of this Act, and shall inure to the benefit of the | ||
Capital Metropolitan Transportation Authority. Nonuse of the | ||
easements or rights granted pursuant to Section 3(c) of this Act | ||
shall not constitute abandonment or surrender, nor shall it | ||
preclude the use of the entire scope thereof by Capital | ||
Metropolitan Transportation Authority at any time from time to | ||
time. | ||
(e) The State acknowledges and agrees that the Capital | ||
Metropolitan Transportation Authority shall be the sole and | ||
exclusive owner of any Transportation Facilities and Surface | ||
Ancillary Amenities installed pursuant to Section 3 of this Act, | ||
and the Capital Metropolitan Transportation Authority may remove | ||
the same at any time 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 and Surface Ancillary | ||
Amenities. | ||
(f) 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 of its right, title, | ||
or interest granted to the Capital Metropolitan Transportation | ||
Authority pursuant to Section 3 of this Act, including, without | ||
limitation, any of its right, title and interest in and to the | ||
Transportation Facilities and the Surface Ancillary Amenities. | ||
Moreover, the Capital Metropolitan Transportation Authority is | ||
hereby authorized to grant such subleases, easements, and/or | ||
licenses over, across, through or under the property described in | ||
Sections 3(a) and 3(c) of this Act as the Capital Metropolitan | ||
Transportation Authority may deem necessary or desirable in | ||
connection with the development, operation and maintenance of the | ||
Transportation Facilities and the Surface Ancillary Amenities. | ||
(g) 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 Section 3 of this Act, except as granted herein. | ||
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. |