82R17396 SLB-F
By: Guillen H.B. No. 1449
Substitute the following for H.B. No. 1449:
By: Elkins C.S.H.B. No. 1449
A BILL TO BE ENTITLED
AN ACT
relating to certain right-of-way easements on land owned by the
Parks and Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.002(a), Natural Resources Code, is
amended to read as follows:
(a) The provisions of this chapter apply to:
(1) land owned by the [Texas] Parks and Wildlife
Department, except as provided by Section 34.064(c); and
(2) land owned by the Texas Department of Criminal
Justice.
SECTION 2. Section 34.064(c), Natural Resources Code, is
amended to read as follows:
(c) The provisions of this section:
(1) do not apply to land owned by the Parks and
Wildlife Department on which an easement may be granted under
Section 11.301, Parks and Wildlife Code;
(2) do not apply to land owned by the state as a part of
the penitentiary system; and
(3) do not repeal Section 496.004, Government Code
[Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
Statutes)].
SECTION 3. Chapter 11, Parks and Wildlife Code, is amended
by adding Subchapter L to read as follows:
SUBCHAPTER L. GRANT OR LEASE OF LAND
Sec. 11.301. EASEMENTS. (a) The commission may grant,
lease, or renew permanent or temporary right-of-way easements on
department land for:
(1) public highways, roads and streets, and ditches;
(2) electric lines and pipelines, including necessary
wires, pipes, poles, and other equipment used to transmit, convey,
or distribute water, electricity, gas, oil, or similar substances
or commodities;
(3) electrical substations;
(4) equipment stations, vaults, cabinets, poles,
power pedestals, and underground lines, circuits, and conduits, and
other equipment used in the provision of communication services; or
(5) the provision of utilities for the operation of
facilities of the department and roadways for access to facilities
of the department.
(b) Except as provided by this subsection, the commission
may not grant or lease an easement unless the commission receives
the fair market value as consideration for the grant or lease.
Consideration for an easement may include goods and services. The
commission may grant without consideration a state highway easement
to the Texas Department of Transportation, a roadway easement to a
county for connecting roads between state highways, easements to
utility providers for utilities to serve department facilities, and
roadway easements to a city or county to provide roadways for
department facilities.
(c) A grant or lease must contain a full reservation of
minerals in and under the land. The commission may impose other
fair and reasonable conditions, covenants, and provisions.
SECTION 4. 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, 2011.