85R9490 BEE-D     By: Schwertner S.B. No. 979       A BILL TO BE ENTITLED   AN ACT   relating to the acquisition and disposition of real property   intended for high-speed rail projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 112.002, Transportation Code, is amended   by amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  A railroad company may:                (1)  sue, be sued, plead, and be impleaded in its   corporate name;                (2)  have and use a seal and alter the seal at will;                (3)  receive and convey persons and property on its   railway by any mechanical power, including the use of steam;                (4)  regulate the time and manner in which, and the   compensation for which, passengers and property are transported,   subject to the provisions of law;                (5)  except as provided by Subsection (c), exercise the   power of eminent domain for the purposes prescribed by this   subtitle or Subtitle D;                (6)  purchase, hold, and use all property as necessary   for the construction and use of its railway, stations, and other   accommodations necessary to accomplish company objectives, and   convey that property when no longer required for railway use; and                (7)  take, hold, and use property granted to the   company to aid in the construction and use of its railway, and   convey that property in a manner consistent with the terms of the   grant when the property is no longer required for railway use.          (c)  A private entity may not exercise the power of eminent   domain for the purpose of developing or operating a high-speed rail   project. In this section, "high-speed rail" means intercity   passenger service that is reasonably expected to reach speeds of at   least 110 miles per hour.          SECTION 2.  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)  A private entity that operates or plans to operate a   high-speed rail project and acquires real property for a high-speed   rail project through the threat of condemnation:                (1)  may not use the property for any purpose other than   a high-speed rail project; and                (2)  if the property is not used for a high-speed rail   project, may not convey the property to any person unless the former   property owner is given notice and opportunity to repurchase the   property.           SECTION 3.  Section 112.063, Transportation Code, as added   by this Act, applies only to real property acquired on or after   September 1, 2017.          SECTION 4.  This Act takes effect September 1, 2017.