Bill Text: TX HB4573 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 4573 (Prior Session Legislation)

Introduced

Bill Title: Relating to best management practices for landowners regarding the exercise of power of eminent domain for landowners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-26 - Referred to Land & Resource Management [HB4573 Detail]

Download: Texas-2019-HB4573-Introduced.html



	By: Zwiener	H.B. No. 4573



	A BILL TO BE ENTITLED
	AN ACT
	relating to best management practices for landowners regarding the
	exercise of power of eminent domain for landowners.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. CHAPTER 12. POWERS AND DUTIES CONCERNING
	WILDLIFE, Parks and Wildlife Code, is amended to read as follows:
	Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
	department may provide technical guidance to landowners who request
	information concerning fish, wildlife, nongame, and habitat
	management.
	(b) In setting priorities for the provision of money to a
	landowner under this section, the department shall consider:
	(1) the inventory developed under Section 11.103; and
	(2) the priorities set under Section 11.105.
	(c) The department shall support landowner education
	programs PARKS AND WILDLIFE CODE Statute text and cooperate with
	appropriate state agencies.
	(d) The department shall provide notice of Section 12.0251
	to a private landowner who requests technical assistance before
	entering the property to collect and record information about
	animal or plant life.
	(e) The commission by rule shall adopt policies, including
	written guidelines for a method for providing notice under
	Subsection (d) and for departmental entry onto privately owned land
	to collect information described by Section 12.0251(a). The
	policies and guidelines must identify the maximum information that
	the department may maintain under Section 12.0251.
	(f) A review or update of a record or plan produced by the
	department under Section 12.0251 and maintained by the landowner or
	the landowner's agent may be requested by the landowner or the
	department.
	(g) The department shall provide guidance to landowners
	undergoing the eminent domain process concerning fish, wildlife,
	nongame, and habitat management including:
	(1) Negotiating best management practices for land
	restoration following construction of common infrastructure
	projects that use eminent domain such as roads, rail lines,
	pipelines, and power lines; and
	(2) Recommendations on how to ensure an accurate
	valuation of wildlife lands; and
	(3) reasonable indemnification, including proof of
	appropriate insurance coverages, sound risk management practice
	policies, hold harmless agreements, and other provisions that
	provide the property owner with reasonable liability protection
	from any and all possible claims associated with the condemnation
	process; and
	(4) the maximum acceptable width of permanent
	easements, resulting from condemnation; and
	(5) liability for damages and losses caused by or
	arising out of construction, maintenance, replacement, or
	operations such as, but no
	t limited to loss of livestock, wildlife,
	exotic game, crops, fences, gates, trees, buildings, and other
	improvements; and
	(6) non-interference clauses with regard to other
	operations on property, such as grazing, farming, hunting, oil and
	gas operations, and other normal activities found on private
	properties in Texas; and
	(7) timetable requirements for completion of
	constructions
	(8) the responsibility of the condemning entity to
	remove the infrastructure within a defined timeline; nonuse needs
	to be clearly defined.
	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.