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House Bill 3588
ARTICLE 3. ADVANCE ACQUISITION OF PROPERTY

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TABLE OF CONTENTS
Art. 1. Trans-Texas Corridor - Art. 2. Regional Mobility Authorities - Art. 3. Advance Acquisition of Property - Art. 4. Rail Facilities - Art. 5. Issuance of Bonds and Other Public Securities - Art. 6. Pass-Through Tolls - Art. 7. Conversion of Nontoll State Highway - Art. 8. Commercial Driver's Licenses - Art. 9. Motor Vehicle Sales Tax - Art. 10. Driver Responsibility - Art. 11. Disposition of Department of Public Safety Fees - Art. 12. Additional Court Costs - Art. 13. Statewide Coordination of Public Transportation - Art. 14. Conditional Grant Program - Art. 15 Texas Turnpike Authority - Art. 16. Commercial Motor Vehicle Safety Standards - Art. 17. Nonrepairable and Salvage Motor Vehicles; Salvage Vehicle Dealers - Art. 18. Funding of Port Security, Projects, and Studies - Art. 19. Miscellaneous Provisions - Art. 20. General Provisions; Effective Date

ARTICLE 3. ADVANCE ACQUISITION OF PROPERTY

SECTION 3.01. The heading to Chapter 202, Transportation Code, is amended to read as follows:

CHAPTER 202. CONTROL OF TRANSPORTATION [~~HIGHWAY~~] ASSETS

SECTION 3.02. Chapter 202, Transportation Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. ADVANCE ACQUISITION OF PROPERTY

Sec. 202.111. DEFINITION. In this subchapter, "advance acquisition" means an acquisition by the commission under Section 202.112.

Sec. 202.112. ADVANCE ACQUISITIONS.

          (a) The commission may purchase an option to acquire property for possible use in or in connection with a transportation facility, including a facility as defined by Section 227.001, before a final decision has been made as to whether the transportation facility will be located on that property.
          (b) An advance acquisition shall be made by the commission using the procedures authorized under Subchapter D of Chapter 203 or other law authorizing the commission or the department to acquire real property or an interest in real property for a transportation facility. If the commission acquires real property or an interest in real property under Subchapter D of Chapter 203 or other law, the commission may make an advance acquisition in the manner provided by this subchapter.
          (c) The commission may not make an advance acquisition by condemnation.

Sec. 202.113. DISPOSAL OF SURPLUS PROPERTY.

The commission shall dispose of property acquired by advance acquisition that is not needed for a transportation facility in the manner provided by Subchapter B.

Sec. 202.114. MANAGEMENT.

If requested by the department, property acquired by advance acquisition may be managed by the General Land Office on behalf of the department as the department and the General Land Office may agree. Subchapter E, Chapter 31, Natural Resources Code, does not apply to property acquired under this subchapter.

This Page Last Updated: Wednesday January 17, 2007