TITLE: Relating to the assessment of damages for certain condemnations by a high-speed rail company.

SUMMARY: Relating to the assessment of damages for certain condemnations by a high-speed rail company.

FULL TEXT:
AN ACT 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.