no eminent domain for private high-speed rail

The text as introduced · 312 words

89R1300 CS-D

By: Harrison
H.B. No. 663

A BILL TO BE ENTITLED

AN ACT

relating to limitations on the applicability of certain statutes to

high-speed rail.

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 high-speed rail,

as defined by Section 111.103, 112.201, or 199.003.

SECTION 2. Subchapter B, Chapter 131, Transportation Code,

is amended by adding Section 131.0115 to read as follows:

Sec. 131.0115. INAPPLICABILITY TO HIGH-SPEED RAIL. This

subchapter does not apply to high-speed rail, as defined by Section

111.103, 112.201, or 199.003.

SECTION 3. This Act takes effect September 1, 2025.