(a) An entity incorporated as an electric, gas or gasoline, denatured alcohol, or naphtha interurban or motor railway that engages in transporting freight is subject to the control of the department.(b) A corporation described by Subsection (a) is not exempt from payment of assessments that may be imposed against it for street improvements.(c) An interurban railway described by Subsection (a):(1) may exercise the same power of eminent domain as given by law to railroads;(2) may exercise the power of eminent domain to acquire right-of-way on which to construct its railway lines and sites for depots and power plants;(3) has the same rights, powers, and privileges as granted by law to an interurban electric railway company; and(4) may acquire, hold, and operate other public utilities in and adjacent to a municipality in or through which the company operates.(d) An interurban railway company described by Subsection (a) may not condemn property on which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:(1) it is necessary to take the property; and(2) no other route is possible or

which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:(1) it is necessary to take the property; and(2) no other route is possible or practicable. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.