82R898 NC-F
By: Davis S.B. No. 106
A BILL TO BE ENTITLED
AN ACT
relating to condemnation of municipal property for, and municipal
regulation of, pipeline operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2206, Government Code, is amended by
adding Section 2206.003 to read as follows:
Sec. 2206.003. FORMAL NEGOTIATION PROCEDURES REQUIRED IN
CERTAIN CIRCUMSTANCES. (a) A pipeline operator with eminent
domain authority that wants to acquire an easement for a public use
on real property owned by a municipality shall provide notice to the
municipality of the proposed placement of the pipeline and allow
time for the municipality to take action under Subsection (b)
before filing a condemnation petition under Chapter 21, Property
Code.
(b) Not later than the 60th day after the date the pipeline
operator notifies the municipality under Subsection (a), the
municipality shall:
(1) consent to the pipeline placement; or
(2) suggest a feasible alternative placement for the
pipeline based on the municipality's consideration of:
(A) the municipality's comprehensive plan;
(B) corridor development and planning for the
area;
(C) transit development and planning for the
area; and
(D) economic development and planning for the
area.
(c) A municipality's proposal under Subsection (b)(2) must
not unreasonably prevent a pipeline operator from accomplishing the
purpose for which the pipeline operator seeks to acquire the
property.
(d) If a pipeline operator and a municipality are unable to
agree on the placement of a pipeline on real property owned by the
municipality, the pipeline operator may file a condemnation
petition under Chapter 21, Property Code. A municipality that has
proposed an alternative placement for the pipeline under Subsection
(b) may move that the court determine whether that proposed
placement is more reasonable than the placement proposed by the
pipeline operator. If the court determines the municipality's
proposal is more reasonable than the pipeline operator's proposal,
the court shall condition the pipeline operator's acquisition of
the property interest on the implementation of the municipality's
proposed placement.
SECTION 2. Chapter 229, Local Government Code, is amended
by adding Section 229.004 to read as follows:
Sec. 229.004. REGULATION OF CERTAIN PIPELINE ACTIVITIES. A
municipality by ordinance may regulate the placement, inspection,
and maintenance of, and construction materials used for, the
following items used by a gas pipeline operator and located within
the municipality's corporate boundaries:
(1) gas pipelines used as gathering lines;
(2) pumps;
(3) compressors;
(4) separators;
(5) dehydration units; and
(6) tank batteries.
SECTION 3. This Act takes effect September 1, 2011.