Texas 2017 - 85th Regular

Texas House Bill HB2694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4647 PMO-F
2	2	By: Kacal H.B. No. 2694
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for a bona fide offer for the acquisition
8	8	of property by an entity with eminent domain authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.0113, Property Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) For purposes of this section, the deed, easement, or
13	13	other instrument provided under Subsection (b)(6)(B) must include:
14	14	(1) for a pipeline right-of-way easement:
15	15	(A) the maximum number of pipelines that may be
16	16	installed in the right-of-way;
17	17	(B) the outside diameter of each pipeline to be
18	18	installed in the right-of-way;
19	19	(C) the type or category of each petroleum
20	20	product to be transported through the pipelines to be installed in
21	21	the right-of-way;
22	22	(D) a reasonable description of any use of the
23	23	surface of the right-of-way that the entity intends to acquire;
24	24	(E) a metes and bounds or center line description
25	25	of the location of the easement;
26	26	(F) the width of the easement;
27	27	(G) the depth of the pipeline and amount of
28	28	cover;
29	29	(H) a requirement to use the double-ditch method
30	30	for installation of the pipeline when not bore-drilled;
31	31	(I) a prohibition from transferring the easement
32	32	to any other entity, subsidiary, or company that does not have
33	33	eminent domain authority;
34	34	(J) a reservation of the property owner's right
35	35	to grant additional compatible easements in the easement area to
36	36	other parties;
37	37	(K) a limit on third-party access to the easement
38	38	area;
39	39	(L) a right to damages arising from construction,
40	40	maintenance, repair, replacement, or future removal of the pipeline
41	41	in the easement, including any damages to growing crops or
42	42	livestock;
43	43	(M) a covenant to lock and close all gates and
44	44	fences as necessary to prevent damage to or destruction of
45	45	livestock;
46	46	(N) a covenant to maintain the right-of-way; and
47	47	(O) a covenant to repair and restore areas used
48	48	or damaged outside the easement area to their original condition or
49	49	better;
50	50	(2) for an electrical transmission right-of-way
51	51	easement:
52	52	(A) the maximum number and spacing of the poles,
53	53	towers, or other support apparatus to carry electrical lines over
54	54	the easement;
55	55	(B) the maximum number and electrical carrying
56	56	capacity of the lines to be installed in the easement;
57	57	(C) a reasonable description of any use of the
58	58	surface of the right-of-way that the entity intends to acquire;
59	59	(D) a metes and bounds or center line description
60	60	of the location of the easement;
61	61	(E) the width of the easement;
62	62	(F) a reservation of the property owner's right
63	63	to grant additional compatible easements in the easement area to
64	64	other parties;
65	65	(G) a limit on third-party access to the easement
66	66	area;
67	67	(H) a right to damages arising from construction,
68	68	maintenance, repair, replacement, or future removal of lines and
69	69	support apparatus in the easement, including any damages to growing
70	70	crops or livestock;
71	71	(I) a covenant to lock and close all gates and
72	72	fences as necessary to prevent damage to or destruction of
73	73	livestock;
74	74	(J) a covenant to maintain the right-of-way; and
75	75	(K) a covenant to repair and restore areas used
76	76	or damaged outside the easement area to their original condition or
77	77	better;
78	78	(3) a prohibition against any use of the property
79	79	being conveyed, other than a use stated in the instrument, without
80	80	the express written consent of the property owner;
81	81	(4) a covenant that the entity will indemnify and hold
82	82	the property owner harmless against any claim brought against the
83	83	property owner arising out of or relating to the use of condemned
84	84	property by the entity or the entity's agents or contractors; and
85	85	(5) a covenant that the entity will secure and keep in
86	86	full force and effect at all times while the entity continues to use
87	87	the condemned property a policy or policies of liability insurance:
88	88	(A) issued by an insurer authorized to issue such
89	89	policies in this state;
90	90	(B) insuring the property owner against
91	91	liability for personal injuries and property damage sustained by
92	92	any person that arises from or is related to the use of the property
93	93	by the entity or the entity's agents or contractors;
94	94	(C) naming the property owner or the owner's
95	95	successor in title as an insured; and
96	96	(D) providing limits of liability as specified in
97	97	the instrument.
98	98	SECTION 2. Section 21.0113(c), Property Code, as added by
99	99	this Act, applies only to the acquisition of real property in
100	100	connection with an initial offer made under Section 21.0113,
101	101	Property Code, on or after the effective date of this Act. An
102	102	acquisition of real property in connection with an initial offer
103	103	made under Section 21.0113, Property Code, before the effective
104	104	date of this Act is governed by the law applicable to the
105	105	acquisition immediately before the effective date of this Act, and
106	106	that law is continued in effect for that purpose.
107	107	SECTION 3. This Act takes effect September 1, 2017.