Bill Text: TX HB4156 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the exercise of power of eminent domain by private pipeline companies for the construction of common carrier pipelines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Land & Resource Management [HB4156 Detail]
Download: Texas-2019-HB4156-Introduced.html
| By: Zwiener | H.B. No. 4156 | |
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| relating to the exercise of power of eminent domain by private | ||
| pipeline companies for the construction of common carrier | ||
| pipelines. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES, | ||
| AND COMMON PURCHASERS, Natural Resources Code, is amended to read | ||
| as follows: | ||
| Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Not | ||
| withstanding section 111.0190 of this chapter, | ||
| common carriers have | ||
| the right and power of eminent domain. | ||
| (b) In the exercise of the power of eminent domain granted | ||
| under the provisions of Subsection (a) of this section, a common | ||
| carrier may enter on and condemn the land, rights-of-way, | ||
| easements, and property of any person or corporation necessary for | ||
| the construction, maintenance, or operation of the common carrier | ||
| pipeline. | ||
| (c) Upon written request by a resident or owner of land | ||
| crossed by a common carrier pipeline, the common carrier must | ||
| disclose material data safety sheets concerning the commodities | ||
| transported by the common carrier required by the commission and | ||
| the Emergency Planning and Community Right-to-Know Act of 1986 (42 | ||
| U.S.C. Section 11001 et seq.). Such disclosure must be in writing | ||
| and must be mailed or delivered to the resident or landowner within | ||
| 30 days of receipt of the request. | ||
| Sec. 111.0190 NEED FOR TEMPORARY MORATORIUM ON COMMON | ||
| CARRIERS EXERCISING RIGHT OF EMINENT DOMAIN (a) The natural | ||
| resources, environment, and vital areas of the state are of utmost | ||
| importance to the state and its citizens and the State of Texas has | ||
| an essential public interest in establishing minimum standard for | ||
| land use in order to protect and preserve its natural resources, | ||
| environment, and vital areas; and | ||
| (b) State laws presently grants private pipeline companies | ||
| the power to acquire property or interests in property through the | ||
| use of eminent domain; and | ||
| (c) Technology has significantly advanced in the past | ||
| decade and the common carrier pipeline industry has also changed; | ||
| and | ||
| (d) The vitally important issue of land use impacts | ||
| associated with common carrier pipelines that are presently in use | ||
| and being developed for future use merits a detailed study by | ||
| elected officials and experts in this field to ensure that the | ||
| exercise of eminent domain by private pipeline companies is carried | ||
| out in a prudent and responsible manner consistent with this | ||
| state's essential public interest in establishing minimum | ||
| standards for land us in order to protect and preserve its natural | ||
| resources, environment, and vital areas; and | ||
| (e) A temporary moratorium on the exercise of eminent domain | ||
| powers of private pipeline companies through September 1, 2021, | ||
| would provide the legislature with the time to study the need for | ||
| any changes to land use controls or restrictions related to private | ||
| pipeline companies seeking to deliver petroleum to residents of | ||
| this state or other states, including but not limited to those | ||
| related to siting of common carrier pipelines, and to assess | ||
| various proposals relating to the eminent domain powers that | ||
| private pipeline companies presently enjoy, the issuance of certain | ||
| environmental permits to private pipeline companies, and the | ||
| enactment of additional laws to ensure the consistency of common | ||
| carrier pipeline development and operation with the state's land | ||
| use goals and standards. | ||
| Sec. 111.01900 TEMPORARY MORATORIUM ON COMMON CARRIERS | ||
| EXERCISING RIGHT OF EMINENT DOMAIN (a) The powers of eminent | ||
| domain granted by Sec. 111.019 RIGHT OF EMINENT DOMAIN, Natural | ||
| Resources Code, to common carrier pipeline companies shall be | ||
| temporarily suspended starting from the effective date of this | ||
| subchapter through and including September 1, 2021. | ||
| (b) Between the effective date of this subchapter and | ||
| September 1, 2021: | ||
| (1) No private common carrier pipeline company shall | ||
| exercise any eminent domain powers, including, without limitation, | ||
| condemning any property through the exercise of eminent domain; and | ||
| (2) The Texas Railroad Commission's Pipeline Safety | ||
| Department shall not accept any pre-construction reports from | ||
| pipeline operators. | ||
| (3) No state officer, official, or employee or any | ||
| state agency, department, commission, or committee shall issue any | ||
| approval, permit, or document necessary for the construction of a | ||
| common carrier pipeline, including, but not limited to, the | ||
| granting of any easement, deed, license, or permission. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
