Texas 2011 - 82nd Regular

Texas House Bill HB1449 Compare Versions

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1	1	By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 1449
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	May 2, 2011, read first time and referred to Committee on
4	4	Agriculture and Rural Affairs; May 11, 2011, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to certain right-of-way easements on land owned by the
11	11	Parks and Wildlife Department.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 34.002(a), Natural Resources Code, is
14	14	amended to read as follows:
15	15	(a) The provisions of this chapter apply to:
16	16	(1) land owned by the [Texas] Parks and Wildlife
17	17	Department, except as provided by Section 34.064(c); and
18	18	(2) land owned by the Texas Department of Criminal
19	19	Justice.
20	20	SECTION 2. Section 34.064(c), Natural Resources Code, is
21	21	amended to read as follows:
22	22	(c) The provisions of this section:
23	23	(1) do not apply to land owned by the Parks and
24	24	Wildlife Department on which an easement may be granted under
25	25	Section 11.301, Parks and Wildlife Code;
26	26	(2) do not apply to land owned by the state as a part of
27	27	the penitentiary system; and
28	28	(3) do not repeal Section 496.004, Government Code
29	29	[Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
30	30	Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
31	31	Statutes)].
32	32	SECTION 3. Chapter 11, Parks and Wildlife Code, is amended
33	33	by adding Subchapter L to read as follows:
34	34	SUBCHAPTER L. GRANT OR LEASE OF LAND
35	35	Sec. 11.301. EASEMENTS. (a) The commission may grant,
36	36	lease, or renew permanent or temporary right-of-way easements on
37	37	department land for:
38	38	(1) public highways, roads and streets, and ditches;
39	39	(2) electric lines and pipelines, including necessary
40	40	wires, pipes, poles, and other equipment used to transmit, convey,
41	41	or distribute water, electricity, gas, oil, or similar substances
42	42	or commodities;
43	43	(3) electrical substations;
44	44	(4) equipment stations, vaults, cabinets, poles,
45	45	power pedestals, and underground lines, circuits, and conduits, and
46	46	other equipment used in the provision of communication services; or
47	47	(5) the provision of utilities for the operation of
48	48	facilities of the department and roadways for access to facilities
49	49	of the department.
50	50	(b) Except as provided by this subsection, the commission
51	51	may not grant or lease an easement unless the commission receives
52	52	the fair market value as consideration for the grant or lease.
53	53	Consideration for an easement may include goods and services. The
54	54	commission may grant without consideration a state highway easement
55	55	to the Texas Department of Transportation, a roadway easement to a
56	56	county for connecting roads between state highways, easements to
57	57	utility providers for utilities to serve department facilities, and
58	58	roadway easements to a city or county to provide roadways for
59	59	department facilities.
60	60	(c) A grant or lease must contain a full reservation of
61	61	minerals in and under the land. The commission may impose other
62	62	fair and reasonable conditions, covenants, and provisions.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2011.
68	68	* * * * *