By: Zwiener H.B. No. 4156
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.