81R4267 TRH-D
By: Burnam H.B. No. 1536
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of the power of eminent domain for
certain gas corporations when constructing a pipeline for the
gathering or transmission of natural gas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 181.004, Utilities Code, is amended to
read as follows:
Sec. 181.004. CONDEMNATION OF PROPERTY. (a) A gas or
electric corporation has the right and power to enter on, condemn,
and appropriate the land, right-of-way, easement, or other property
of any person or corporation.
(b) Notwithstanding Subsection (a) or other law, a gas
corporation may not condemn or appropriate property for a project
related to constructing a gathering or transmission pipeline for
transporting gas for a single producer in a county that:
(1) has a population of more than 1.4 million; and
(2) is located wholly or partly above a
hydrocarbon-producing geological formation in which during the
preceding year the Railroad Commission of Texas issued more than
2,000 drilling permits authorizing gas wells to be completed.
SECTION 2. The change in law made by this Act to Section
181.004, Utilities Code, applies only to a condemnation proceeding
filed on or after the effective date of this Act. A condemnation
proceeding filed before the effective date of this Act is subject to
the law in effect on the date of filing, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.