Texas House Bill HB3939

Texas 2019 - 86th Regular

Caption

Relating to the exercise of the power of eminent domain by a common carrier pipeline.

Impact

By instituting these negotiation requirements, the bill weaves stronger protections for property owners into the framework governing pipeline construction. It obliges common carriers to secure a written authorization from property owners prior to entering property for surveying purposes. The authorization must include specific conditions, including notice requirements, limits on access, and stipulations for property restoration after surveys, which the previous regulations did not comprehensively cover.

Summary

House Bill 3939 addresses the power of eminent domain as it relates to common carrier pipelines. The bill proposes amendments to the Natural Resources Code, particularly Section 111.019, introducing new stipulations on how common carriers may exercise their eminent domain powers. Key provisions include a requirement for common carriers to make a good faith effort to negotiate with property owners regarding the routing of pipelines on their land. This aims to ensure that property owners are consulted and have a role in decisions that affect their land.

Contention

There are notable points of contention surrounding HB3939. Proponents argue that it enhances property rights, ensuring that landowners are not merely sidelined in the decision-making process regarding pipeline routes. They contend that this would protect the interests and rights of private property owners, allowing them to have a say in the infrastructure developments that may impact their land directly. Conversely, opponents may argue that while the bill's intentions are good, the stipulations could result in drawn-out negotiations that delay critical infrastructure projects. Additionally, concerns may arise that these requirements could be burdensome for pipeline companies, potentially impacting the build-out of necessary energy infrastructure across Texas.