| 1 | 1 | | 81R4267 TRH-D |
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| 2 | 2 | | By: Burnam H.B. No. 1536 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the elimination of the power of eminent domain for |
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| 8 | 8 | | certain gas corporations when constructing a pipeline for the |
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| 9 | 9 | | gathering or transmission of natural gas. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 181.004, Utilities Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 181.004. CONDEMNATION OF PROPERTY. (a) A gas or |
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| 14 | 14 | | electric corporation has the right and power to enter on, condemn, |
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| 15 | 15 | | and appropriate the land, right-of-way, easement, or other property |
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| 16 | 16 | | of any person or corporation. |
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| 17 | 17 | | (b) Notwithstanding Subsection (a) or other law, a gas |
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| 18 | 18 | | corporation may not condemn or appropriate property for a project |
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| 19 | 19 | | related to constructing a gathering or transmission pipeline for |
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| 20 | 20 | | transporting gas for a single producer in a county that: |
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| 21 | 21 | | (1) has a population of more than 1.4 million; and |
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| 22 | 22 | | (2) is located wholly or partly above a |
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| 23 | 23 | | hydrocarbon-producing geological formation in which during the |
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| 24 | 24 | | preceding year the Railroad Commission of Texas issued more than |
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| 25 | 25 | | 2,000 drilling permits authorizing gas wells to be completed. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act to Section |
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| 27 | 27 | | 181.004, Utilities Code, applies only to a condemnation proceeding |
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| 28 | 28 | | filed on or after the effective date of this Act. A condemnation |
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| 29 | 29 | | proceeding filed before the effective date of this Act is subject to |
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| 30 | 30 | | the law in effect on the date of filing, and that law is continued in |
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| 31 | 31 | | effect for that purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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