Texas House Bill HB4107

Texas 2021 - 87th Regular

Caption

Relating to the notice of entry for the purpose of exercising the power of eminent domain by a common carrier pipeline.

Impact

The enactment of HB 4107 modifies existing laws under the Texas Natural Resources Code, specifically by adding new requirements for how and when notices must be provided prior to entry for surveys. This change aims to enhance transparency and respect for property owners, ensuring that they have adequate notice (at least two days) before any such entry occurs. Critically, this bill seeks to improve the relationship between pipeline companies and landowners, as it stipulates the conditions under which property may be entered and necessitates the restoration of the property post-survey.

Summary

House Bill 4107 primarily focuses on the procedural aspects concerning the notice that must be provided to property owners before a common carrier pipeline can enter their property for preliminary surveys. The bill mandates that the common carrier or its representatives give written notice of intent to enter and an indemnification provision for any potential damages from the survey. This reflects an effort to protect property owners' rights while facilitating pipeline development, balancing the interests of the pipeline industry with the concerns of landowners.

Sentiment

The sentiment surrounding HB 4107 appears predominantly positive among supporters, mainly from the pipeline and energy sectors, who view it as a necessary step toward efficient pipeline development. However, there are also underlying concerns voiced by property rights advocates who fear that expanding eminent domain powers could infringe on landowners' rights. The discussions surrounding the bill indicate a recognition of the need for clear guidelines, although views differ on whether the provisions are sufficient to protect these rights adequately.

Contention

Notable points of contention regarding HB 4107 revolve around the balance between facilitating infrastructure development and protecting individual property rights. While supporters argue that the provisions for notice and indemnification represent a fair compromise, critics contend that any expansion of eminent domain powers could lead to abuses where landowners might face increased pressure from pipeline companies. The delineation of survey access rights and the extent of the compensation provided in indemnification clauses remain focal points of debate within the legislative discussions.