Bill Text: TX HB4219 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 4219 (Prior Session Legislation)

Introduced

Bill Title: Relating to the enforceability of certain contracts to acquire real property for a high-speed rail project.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2019-04-08 - Left pending in committee [HB4219 Detail]

Download: Texas-2019-HB4219-Introduced.html

	86R16328 AJA-F

	By: Leman	H.B. No. 4219



	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforceability of certain contracts to acquire real
	property for a high-speed rail project.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 112, Transportation Code,
	is amended by adding Section 112.0535 to read as follows:
	Sec. 112.0535. CONTRACT TO ACQUIRE REAL PROPERTY UNDER
	FALSE REPRESENTATION OF EMINENT DOMAIN AUTHORITY. (a) In this
	section, "high-speed rail" has the meaning assigned by Section
	112.201.
	(b) A contract to acquire real property entered into by an
	entity proposing to build a high-speed rail project is voidable by
	the property owner if:
	(1) before the execution of the contract, the entity
	represented to the property owner that the entity had the authority
	to acquire the property through eminent domain; and
	(2) after the execution of the contract, a court
	enters a final judgment declaring that the entity does not have
	eminent domain authority.
	(c) A property owner who voids a contract under this section
	is entitled to retain any money paid by the entity to the property
	owner before the contract is voided.
	(d) Not later than the 90th day after the date of the final
	judgment described by Subsection (b)(2), the entity that is subject
	to the final judgment shall provide written notice by certified
	mail to each property owner with whom the entity entered into a
	contract described by Subsection (b) informing the property owner
	of the property owner's right to void the contract.
	(e) To void a contract under this section, a property owner
	must, not later than the 120th day after the date the property owner
	receives the notice required by Subsection (d), provide notice to
	the entity that the property owner is voiding the contract.
	(f) An entity subject to a final judgment described by
	Subsection (b)(2) may not exercise the entity's rights under a
	contract described by Subsection (b) before the expiration of the
	120-day period provided by Subsection (e).
	SECTION 2. This Act takes effect September 1, 2019.