Bill Text: TX HB3939 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the exercise of the power of eminent domain by a common carrier pipeline.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Land & Resource Management [HB3939 Detail]
Download: Texas-2019-HB3939-Introduced.html
86R12479 JAM-F | ||
By: Lozano | H.B. No. 3939 |
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relating to the exercise of the power of eminent domain by a common | ||
carrier pipeline. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 111.019, Natural Resources Code, is | ||
amended by adding Subsections (d) and (e) to read as follows: | ||
(d) In the exercise of the power of eminent domain granted | ||
under the provisions of Subsection (a), a common carrier shall make | ||
a good faith effort to negotiate with the owner of property sought | ||
to be condemned with regard to the particular route or location of | ||
the pipeline or incidental facility on the owner's property. The | ||
requirement to negotiate provided in this subsection: | ||
(1) may not be construed to allow an owner of property | ||
to unreasonably refuse to agree to a particular route proposed by | ||
the common carrier or to negotiate a route or location of a pipeline | ||
or incidental facility on property not owned by the property owner; | ||
and | ||
(2) is presumed to be satisfied if the common carrier | ||
or its employees, contractors, agents, or assigns contact the | ||
property owner in person, by telephone, or through certified mail, | ||
return receipt requested, and the property owner does not respond | ||
before the 15th day after the date of contact. | ||
(e) Before entering property for the purpose of making a | ||
preliminary survey to be used in the exercise of the power of | ||
eminent domain granted under this section, the common carrier or | ||
its employees, contractors, agents, or assigns shall obtain from | ||
the property owner a written authorization for the right to enter | ||
the property. A written authorization under this subsection: | ||
(1) may not be unreasonably refused by a property | ||
owner; and | ||
(2) must: | ||
(A) require notice before entering the property | ||
under the authorization; | ||
(B) require the authorized access to be at a time | ||
that is agreeable to both the common carrier and the property owner; | ||
(C) limit the right of entry to only the portion | ||
of the property that is affected by the proposed pipeline; | ||
(D) limit the right of entry to the purpose of | ||
conducting surveys; | ||
(E) prohibit the cutting, removal, or relocation | ||
of a fence for the purpose of conducting the survey without the | ||
prompt restoration or repair of the fence; | ||
(F) require the restoration of property to be as | ||
close as possible to the original condition before entry; | ||
(G) require all equipment and tools used in the | ||
survey to be removed by a certain date; | ||
(H) require the common carrier or its employees, | ||
contractors, agents, or assigns to promptly repair or remediate any | ||
damage caused by the common carrier or its employees, contractors, | ||
agents, or assigns while on the property; | ||
(I) provide an indemnification provision in | ||
favor of the property owner; | ||
(J) require that the property owner, on written | ||
request, be provided, at no charge, all non-privileged information | ||
gathered from the entry, including surveys, reports, maps, and | ||
photographs; and | ||
(K) provide for an expiration date for the | ||
authorization. | ||
SECTION 2. The changes in law made by this Act to Section | ||
111.019, Natural Resources Code, apply only to a condemnation | ||
proceeding in which the petition is filed on or after the effective | ||
date of this Act and to any property condemned through the | ||
proceeding. A condemnation proceeding in which the petition is | ||
filed before the effective date of this Act and any property | ||
condemned through the proceeding are governed by the law in effect | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |