By: Schwertner, Creighton S.B. No. 979
      Kolkhorst
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.