Texas 2017 - 85th Regular

Texas House Bill HB3687 Compare Versions

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

Old	New	Differences
1	1	85R14355 BEE-F
2	2	By: Ashby H.B. No. 3687
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition of property by an entity with eminent
8	8	domain authority.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.0111, Property Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) After making an offer to which Subsection (a) applies,
13	13	the entity shall disclose to the property owner any new, amended, or
14	14	updated appraisal report produced or acquired by or on behalf of the
15	15	entity after making the offer and used in determining the entity's
16	16	opinion of value. A disclosure required by this subsection must be
17	17	made not later than the earlier of:
18	18	(1) the 10th day after the date the entity receives the
19	19	appraisal report; or
20	20	(2) the third business day before the date of a special
21	21	commissioner's hearing if the appraisal report is to be used at the
22	22	hearing.
23	23	SECTION 2. Section 21.0113, Property Code, is amended by
24	24	adding Subsection (c) to read as follows:
25	25	(c) For purposes of this section, the deed, easement, or
26	26	other instrument provided under Subsection (b)(6)(B) must include:
27	27	(1) for a pipeline right-of-way easement:
28	28	(A) the maximum number of pipelines that may be
29	29	installed in the right-of-way;
30	30	(B) the outside diameter of each pipeline to be
31	31	installed in the right-of-way;
32	32	(C) the type or category of each petroleum
33	33	product to be transported through the pipelines to be installed in
34	34	the right-of-way;
35	35	(D) a reasonable description of any use of the
36	36	surface of the right-of-way that the entity intends to acquire;
37	37	(E) a metes and bounds or center line description
38	38	of the location of the easement;
39	39	(F) the width of the easement;
40	40	(G) the depth of the pipeline and amount of
41	41	cover;
42	42	(H) a requirement to use the double-ditch method
43	43	for installation of the pipeline when not bore-drilled;
44	44	(I) a prohibition from transferring the easement
45	45	to any other entity, subsidiary, or company that does not have
46	46	eminent domain authority;
47	47	(J) a reservation of the property owner's right
48	48	to grant additional compatible easements in the easement area to
49	49	other parties;
50	50	(K) a limit on third-party access to the easement
51	51	area;
52	52	(L) a right to damages arising from construction,
53	53	maintenance, repair, replacement, or future removal of the pipeline
54	54	in the easement, including any damages to growing crops or
55	55	livestock;
56	56	(M) a covenant to lock and close all gates and
57	57	fences as necessary to prevent damage to or destruction of
58	58	livestock;
59	59	(N) a covenant to maintain the right-of-way; and
60	60	(O) a covenant to repair and restore areas used
61	61	or damaged outside the easement area to their original condition or
62	62	better;
63	63	(2) for an electrical transmission right-of-way
64	64	easement:
65	65	(A) the maximum number and spacing of the poles,
66	66	towers, or other support apparatus to carry electrical lines over
67	67	the easement;
68	68	(B) the maximum number and electrical carrying
69	69	capacity of the lines to be installed in the easement;
70	70	(C) a reasonable description of any use of the
71	71	surface of the right-of-way that the entity intends to acquire;
72	72	(D) a metes and bounds or center line description
73	73	of the location of the easement;
74	74	(E) the width of the easement;
75	75	(F) a reservation of the property owner's right
76	76	to grant additional compatible easements in the easement area to
77	77	other parties;
78	78	(G) a limit on third-party access to the easement
79	79	area;
80	80	(H) a right to damages arising from construction,
81	81	maintenance, repair, replacement, or future removal of lines and
82	82	support apparatus in the easement, including any damages to growing
83	83	crops or livestock;
84	84	(I) a covenant to lock and close all gates and
85	85	fences as necessary to prevent damage to or destruction of
86	86	livestock;
87	87	(J) a covenant to maintain the right-of-way; and
88	88	(K) a covenant to repair and restore areas used
89	89	or damaged outside the easement area to their original condition or
90	90	better;
91	91	(3) a prohibition against any use of the property
92	92	being conveyed, other than a use stated in the instrument, without
93	93	the express written consent of the property owner;
94	94	(4) a covenant that the entity will indemnify and hold
95	95	the property owner harmless against any claim brought against the
96	96	property owner arising out of or relating to the use of condemned
97	97	property by the entity or the entity's agents or contractors; and
98	98	(5) a covenant that the entity will secure and keep in
99	99	full force and effect at all times while the entity continues to use
100	100	the condemned property a policy or policies of liability insurance:
101	101	(A) issued by an insurer authorized to issue such
102	102	policies in this state;
103	103	(B) insuring the property owner against
104	104	liability for personal injuries and property damage sustained by
105	105	any person that arises from or is related to the use of the property
106	106	by the entity or the entity's agents or contractors;
107	107	(C) naming the property owner or the owner's
108	108	successor in title as an insured; and
109	109	(D) providing limits of liability as specified in
110	110	the instrument.
111	111	SECTION 3. Section 21.063, Property Code, is amended by
112	112	adding Subsections (c) and (d) to read as follows:
113	113	(c) As a condition of appealing the decision of a trial
114	114	court in a condemnation proceeding, a nongovernmental condemnor
115	115	shall:
116	116	(1) pay to the property owner the amount of just
117	117	compensation awarded by the trial court;
118	118	(2) deposit that same amount with the court subject to
119	119	the order of the property owner; or
120	120	(3) post a surety bond in the same amount issued by a
121	121	surety company authorized to engage in business in this state,
122	122	conditioned to secure the payment of the trial court's award of just
123	123	compensation.
124	124	(d) If the property owner moves to enforce Subsection (c)
125	125	and the nongovernmental condemnor fails to comply with that
126	126	subsection before the 30th day after the date the property owner's
127	127	motion is filed:
128	128	(1) the court of appeals shall dismiss the appeal with
129	129	prejudice and order enforcement of the final judgment;
130	130	(2) the nongovernmental condemnor and its assigns
131	131	shall lose the right to remain on the property owner's property, and
132	132	any interest of the nongovernmental condemnor or its assigns in the
133	133	property reverts to the property owner; and
134	134	(3) the property owner is entitled to:
135	135	(A) any damages attributable to the
136	136	nongovernmental condemnor's occupation of the property;
137	137	(B) all reasonable expenses incurred to
138	138	remediate the property; and
139	139	(C) all reasonable and necessary fees for
140	140	attorneys, appraisers, photographers, and other experts hired in
141	141	relation to the condemnation.
142	142	SECTION 4. Section 26.11(a), Tax Code, is amended to read as
143	143	follows:
144	144	(a) If the federal government, the state, or a political
145	145	subdivision of the state acquires the right to possession of
146	146	taxable property under a court order issued in condemnation
147	147	proceedings, assumes possession of taxable property under a
148	148	possession and use agreement, or a similar agreement, that is
149	149	entered into under threat of condemnation, or acquires title to
150	150	taxable property, the amount of the tax due on the property is
151	151	calculated by multiplying the amount of taxes imposed on the
152	152	property for the entire year as determined as provided by Section
153	153	26.09 of this code by a fraction, the denominator of which is 365
154	154	and the numerator of which is the number of days that elapsed prior
155	155	to the date of the conveyance, the effective date of the agreement,
156	156	or the date of the order granting the right of possession, as
157	157	applicable.
158	158	SECTION 5. (a) Sections 21.0111 and 21.0113, Property
159	159	Code, as amended by this Act, apply only to the acquisition of real
160	160	property in connection with an initial offer made under Section
161	161	21.0113, Property Code, on or after the effective date of this Act.
162	162	An acquisition of real property in connection with an initial offer
163	163	made under Section 21.0113, Property Code, before the effective
164	164	date of this Act is governed by the law applicable to the
165	165	acquisition immediately before the effective date of this Act, and
166	166	that law is continued in effect for that purpose.
167	167	(b) Section 21.063, Property Code, as amended by this Act,
168	168	applies only to an appeal commenced on or after the effective date
169	169	of this Act. An appeal commenced before the effective date of this
170	170	Act is governed by the law applicable to the appeal immediately
171	171	before the effective date of this Act, and that law is continued in
172	172	effect for that purpose.
173	173	(c) Section 26.11, Tax Code, as amended by this Act, applies
174	174	only to an agreement entered into on or after the effective date of
175	175	this Act. An agreement entered into before the effective date of
176	176	this Act is governed by the law applicable to the agreement
177	177	immediately before the effective date of this Act, and that law is
178	178	continued in effect for that purpose.
179	179	SECTION 6. This Act takes effect September 1, 2017.