TX
Texas House Bill HB1211

Texas 2019 - 86th Regular

Texas House Bill HB1211 Compare Versions

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1-By: Darby, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1211
2- (In the Senate - Received from the House April 26, 2019;
3- April 29, 2019, read first time and referred to Committee on State
4- Affairs; May 19, 2019, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 8, Nays 0;
6- May 19, 2019, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR H.B. No. 1211 By: Nelson
1+86R21995 AJA-F
2+ By: Darby, Paul, Phelan, Longoria, Guerra H.B. No. 1211
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
13- relating to the acquisition of, and the construction of
14- improvements to, real property.
7+ relating to certain agreements by architects and engineers in or in
8+ connection with certain construction contracts.
159 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16- ARTICLE 1. CERTAIN AGREEMENTS BY ARCHITECTS AND ENGINEERS IN OR IN
17- CONNECTION WITH CONSTRUCTION CONTRACTS
18- SECTION 1.01. The heading to Chapter 130, Civil Practice
19- and Remedies Code, is amended to read as follows:
10+ SECTION 1. The heading to Chapter 130, Civil Practice and
11+ Remedies Code, is amended to read as follows:
2012 CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
2113 CONSTRUCTION CONTRACTS
22- SECTION 1.02. Section 130.002, Civil Practice and Remedies
14+ SECTION 2. Section 130.002, Civil Practice and Remedies
2315 Code, is amended by adding Subsections (c), (d), and (e) to read as
2416 follows:
2517 (c) Except as provided by Subsection (d), a covenant or
2618 promise in, in connection with, or collateral to a contract for
2719 engineering or architectural services related to an improvement to
2820 real property is void and unenforceable if the covenant or promise
2921 provides that a licensed engineer or registered architect must
30- defend a party, including a third party, against a claim based
31- wholly or partly on the negligence of, fault of, or breach of
32- contract by a person other than the engineer or architect. A
33- covenant or promise in, in connection with, or collateral to a
34- contract for engineering or architectural services related to an
35- improvement to real property may provide for the reimbursement of
36- an owner's reasonable attorney's fees in proportion to the
37- engineer's or architect's liability.
22+ defend a party, including a third party. A covenant or promise in,
23+ in connection with, or collateral to a contract for engineering or
24+ architectural services related to an improvement to real property
25+ may provide for the reimbursement of an owner's reasonable
26+ attorney's fees in proportion to the engineer's or architect's
27+ liability.
3828 (d) Notwithstanding Subsection (c), an owner that is a party
3929 to a contract for engineering or architectural services related to
4030 an improvement to real property may require in the contract that the
4131 engineer or architect name the owner as an additional insured under
4232 the engineer's or architect's commercial general liability
4333 insurance policy and provide any defense to the owner provided by
4434 the policy to a named insured.
4535 (e) Subsection (c) does not apply to a contract for
46- design-build services between an owner and a design-builder in
47- which an owner contracts with a single entity to provide both design
48- and construction services.
49- SECTION 1.03. Chapter 130, Civil Practice and Remedies
50- Code, is amended by adding Section 130.0021 to read as follows:
36+ design-build services in which an owner contracts with a single
37+ entity to provide both design and construction services.
38+ SECTION 3. Chapter 130, Civil Practice and Remedies Code,
39+ is amended by adding Section 130.0021 to read as follows:
5140 Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.
52- (a) A contract for engineering or architectural services related
53- to an improvement to real property, or a contract for an improvement
54- to real property that contains engineering or architectural
55- services as a component part, may not require a licensed engineer or
41+ A contract for engineering or architectural services related to an
42+ improvement to real property may not require a licensed engineer or
5643 registered architect to perform professional services to a level of
5744 professional skill and care beyond that which would be provided by
5845 an ordinarily prudent engineer or architect with the same
5946 professional license under the same or similar circumstances.
60- (b) Nothing in this section prevents a party to a contract
61- for engineering or architectural services from enforcing specific
62- obligations in the contract that are separate from the standard of
63- care.
64- SECTION 1.04. (a) Section 130.002(c), Civil Practice and
65- Remedies Code, as added by this article, applies only to a covenant
66- or promise in, in connection with, or collateral to a contract
67- entered into on or after the effective date of this article.
47+ SECTION 4. (a) Section 130.002(c), Civil Practice and
48+ Remedies Code, as added by this Act, applies only to a covenant or
49+ promise in, in connection with, or collateral to a contract entered
50+ into on or after the effective date of this Act.
6851 (b) Sections 130.002(d) and 130.0021, Civil Practice and
69- Remedies Code, as added by this article, apply only to a contract
70- entered into on or after the effective date of this article.
71- SECTION 1.05. This article takes effect September 1, 2019.
72- ARTICLE 2. ACQUISITION OF REAL PROPERTY BY ENTITY WITH EMINENT
73- DOMAIN AUTHORITY
74- SECTION 2.01. Section 21.0113, Property Code, is amended by
75- adding Subsections (c), (d), (e), and (f) to read as follows:
76- (c) Notwithstanding Subsection (b), a private entity, as
77- defined by Section 21.031, with eminent domain authority that wants
78- to acquire real property for a public use has made a bona fide offer
79- only if the entity:
80- (1) satisfies the requirements of Subsection (b);
81- (2) includes with the initial offer:
82- (A) an offer of compensation in an amount equal
83- to or greater than:
84- (i) the market value of the property rights
85- sought to be acquired, including an estimate of damages to the
86- property owner's remaining property, if any, based on an appraisal
87- of the property prepared by a third party who is a certified general
88- appraiser licensed under Chapter 1103, Occupations Code; or
89- (ii) the estimated price or market value of
90- the property rights sought to be acquired based on data for at least
91- three comparable arm's-length sales of a fee simple interest in
92- property, including an estimate of damages to the property owner's
93- remaining property, if any, based on data then available to the
94- appraiser, broker, or private entity, as applicable, and based on:
95- (a) a comparative market analysis
96- prepared by a third party who is a real estate broker licensed under
97- Chapter 1101, Occupations Code, or a certified general appraiser
98- licensed under Chapter 1103, Occupations Code;
99- (b) a broker price opinion prepared by
100- a third party who is a real estate broker licensed under Chapter
101- 1101, Occupations Code; or
102- (c) a market study prepared by a third
103- party who is a real estate broker licensed under Chapter 1101,
104- Occupations Code, or a certified general appraiser licensed under
105- Chapter 1103, Occupations Code;
106- (B) the complete written report of the appraisal,
107- the comparative market analysis, the broker price opinion, the
108- market study, or a summary of the market study, as prepared by the
109- third party, that forms the basis for the amount of the offer of
110- compensation under Paragraph (A);
111- (C) a deed, easement, agreement, or other
112- instrument of conveyance for the property rights sought that
113- complies with Section 21.0114;
114- (D) notice of the terms described by Section
115- 21.0114(b) for which the property owner may negotiate to be
116- included in a deed, easement, agreement, or other instrument of
117- conveyance relating to the property;
118- (E) a statement of the property owner's right to
119- attend or request an information meeting required by Section 21.034
120- or 21.035, as applicable; and
121- (F) the landowner's bill of rights statement
122- prescribed by Section 21.0112, unless previously provided to the
123- property owner;
124- (3) holds a property owner information meeting under
125- Section 21.034 or 21.035, as applicable;
126- (4) provides notice of the proposed project to the
127- county judge of each county that the project is proposed to
128- traverse; and
129- (5) includes in the final offer, if made:
130- (A) a copy of the written appraisal report
131- required by Subsection (b)(4) unless the entity has previously
132- provided a copy of the report to the property owner; and
133- (B) a deed, easement, agreement, or other
134- instrument of conveyance for the property rights sought that
135- complies with Section 21.0114.
136- (d) For purposes of Subsection (c)(2)(A)(ii), a real estate
137- broker licensed under Chapter 1101, Occupations Code, is authorized
138- to prepare an estimated price based on a comparative market
139- analysis, a broker price opinion, a market study, or a summary of
140- the market study.
141- (e) A condemnation suit may not be abated, delayed, or
142- dismissed for noncompliance with this subchapter, except for
143- abatement as provided under Section 21.047(d).
144- (f) A private entity that provides to a property owner an
145- easement form that is generally consistent with the language or
146- provisions required by Section 21.0114(a) and the notice required
147- by Section 21.0114(b) is considered to have complied with Section
148- 21.0114 for purposes of Subsection (c)(2)(C), regardless of whether
149- the private entity subsequently provides to the property owner a
150- different deed, easement, agreement, or other instrument of
151- conveyance as authorized under Sections 21.0114(c) and (d).
152- SECTION 2.02. Subchapter B, Chapter 21, Property Code, is
153- amended by adding Section 21.0114 to read as follows:
154- Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE
155- BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsections
156- (b), (c), and (d), a deed, easement, agreement, or other instrument
157- of conveyance provided to a property owner by a private entity, as
158- defined by Section 21.031, with eminent domain authority to acquire
159- the property interest to be conveyed must include the following
160- terms, as applicable:
161- (1) if the instrument conveys a pipeline right-of-way
162- easement, the following terms with respect to the easement rights
163- granted under the instrument:
164- (A) the maximum number of pipelines that may be
165- installed in the easement;
166- (B) the maximum diameter, excluding any
167- protective coating or wrapping, of each pipeline to be initially
168- installed in the easement;
169- (C) the type or category of substances permitted
170- to be transported through each pipeline to be installed in the
171- easement;
172- (D) a general description of any aboveground
173- equipment or facility the private entity intends to install,
174- maintain, or operate on the surface of the easement;
175- (E) a description or illustration of the location
176- of the easement, including a metes and bounds or centerline
177- description, plat, or aerial or other map-based depiction of the
178- location of the easement on the property;
179- (F) the maximum width of the easement;
180- (G) the minimum depth at which each pipeline to
181- be installed in the easement will initially be installed;
182- (H) a provision identifying whether the private
183- entity intends to double-ditch areas of the easement that are not
184- installed by boring or horizontal directional drilling;
185- (I) a provision limiting the private entity's
186- right to assign the entity's interest under the deed, easement,
187- agreement, or other instrument of conveyance without:
188- (i) written notice to the property owner at
189- the last known address of the person in whose name the property is
190- listed on the most recent tax roll of any taxing unit authorized to
191- levy property taxes against the property; or
192- (ii) if the assignee, including an assignee
193- that is an affiliate or subsidiary of or entity otherwise related to
194- the private entity, will not operate each pipeline installed on the
195- easement as a common carrier line or gas utility, the express
196- written consent of the property owner, subject to other mutual
197- agreements under Subsections (c) and (d);
198- (J) a provision describing whether the easement
199- rights are exclusive, nonexclusive, or otherwise limited;
200- (K) a provision limiting the private entity's
201- right to grant a third party access to the easement area for a
202- purpose that is not related to the construction, safety, repair,
203- maintenance, inspection, replacement, operation, or removal of
204- each pipeline to be installed in the easement;
205- (L) a provision regarding the property owner's
206- right to recover actual monetary damages arising from the
207- construction and installation of each pipeline to be installed in
208- the easement, or a statement that the consideration for the
209- easement includes any monetary damages arising from the
210- construction and installation of each pipeline to be installed in
211- the easement;
212- (M) a provision regarding the property owner's
213- right after initial construction and installation of each pipeline
214- to be installed in the easement to actual monetary damages arising
215- from the repair, maintenance, inspection, replacement, operation,
216- or removal of each pipeline to be installed in the easement;
217- (N) a provision:
218- (i) regarding the removal, cutting, use,
219- repair, and replacement of gates and fences that cross the easement
220- or that will be used by the private entity; or
221- (ii) providing for the payment for any
222- damage that is not restored or paid for as part of the consideration
223- for the easement;
224- (O) a provision:
225- (i) regarding the private entity's
226- obligation to restore the easement area and the property owner's
227- remaining property, if any, used by the private entity to as near to
228- original condition as is reasonably practicable and to maintain the
229- easement; or
230- (ii) providing for the private entity to
231- reimburse the property owner for actual monetary damages incurred
232- by the property owner that arise from damage to the easement area
233- and the property owner's remaining property caused by the private
234- entity and not restored or paid for as part of the consideration for
235- the easement; and
236- (P) a provision describing the private entity's
237- rights of ingress, egress, entry, and access on, to, over, and
238- across the easement;
239- (2) if the instrument conveys an electric transmission
240- right-of-way easement:
241- (A) a general description of any use of the
242- surface of the easement the entity intends to acquire;
243- (B) a description or illustration of the location
244- of the easement, including a metes and bounds or centerline
245- description, plat, or aerial or other map-based depiction of the
246- location of the easement on the property;
247- (C) the maximum width of the easement;
248- (D) the manner in which the entity will access
249- the easement;
250- (E) a provision limiting access to the easement
251- area by a third party that has not obtained authorization from the
252- property owner for a purpose that is not related to the transmission
253- line's construction, safety, repair, maintenance, inspection,
254- replacement, operation, or removal;
255- (F) a provision regarding the property owner's
256- right to recover actual monetary damages arising from the
257- construction, repair, maintenance, replacement, or future removal
258- of lines and support facilities after initial construction in the
259- easement, or a statement that the consideration for the easement
260- includes such future damages;
261- (G) a provision:
262- (i) regarding the removal, cutting, use,
263- repair, and replacement of gates and fences that cross the easement
264- or that will be used by the private entity; or
265- (ii) providing for the payment for any
266- damage that is not restored or paid for as part of the consideration
267- for the easement;
268- (H) a provision regarding the entity's
269- obligation to restore the easement area and the property owner's
270- remaining property to the easement area's and the remaining
271- property's original contours and grades, to the extent practicable,
272- and:
273- (i) a provision regarding the entity's
274- obligation to restore the easement area and the property owner's
275- remaining property following any future damages directly
276- attributed to the use of the easement by the private entity, to the
277- extent practicable; or
278- (ii) a provision that the consideration for
279- the easement includes future damages to the easement area and the
280- property owner's remaining property;
281- (I) a provision describing whether the easement
282- rights are exclusive, nonexclusive, or otherwise limited; and
283- (J) a prohibition against the assignment of the
284- entity's interest in the property to an assignee that will not
285- operate as a utility subject to the jurisdiction of the Public
286- Utility Commission of Texas or the Federal Energy Regulatory
287- Commission without written notice to the property owner at the last
288- known address of the person in whose name the property is listed on
289- the most recent tax roll of any taxing unit authorized to levy
290- property taxes against the property;
291- (3) a prohibition against any use of the property
292- being conveyed, other than a use stated in the deed, easement,
293- agreement, or other instrument of conveyance, without the express
294- written consent of the property owner;
295- (4) a provision that the terms of the deed, easement,
296- agreement, or other instrument of conveyance will bind the
297- successors and assigns of the property owner and private entity;
298- and
299- (5) a provision setting forth the applicable insurance
300- or self-insurance to be provided by the private entity.
301- (b) The private entity shall notify the property owner that
302- the property owner may negotiate for the following terms to be
303- included in a deed, easement, agreement, or other instrument of
304- conveyance described by Subsection (a):
305- (1) a provision regarding the property owner's right
306- to negotiate to recover damages, or a statement that the
307- consideration for the easement includes damages, for:
308- (A) damage to vegetation; and
309- (B) the income loss from disruption of existing
310- agricultural production or existing leases based on verifiable loss
311- or lease payments; and
312- (2) a provision:
313- (A) requiring the private entity to maintain at
314- all times while the private entity uses the easement, including
315- during construction and operations on the easement, liability
316- insurance:
317- (i) issued by an insurer authorized to
318- issue liability insurance in this state; and
319- (ii) insuring the property owner against
320- liability for personal injuries and property damage sustained by
321- any person to the extent caused by the negligence of the private
322- entity or the private entity's agents or contractors and to the
323- extent allowed by law; or
324- (B) if the private entity is subject to the
325- jurisdiction of the Public Utility Commission of Texas or has a net
326- worth of at least $25 million, requiring the private entity to
327- indemnify the property owner against liability for personal
328- injuries and property damage sustained by any person caused by the
329- negligence of the private entity or the private entity's agents or
330- contractors.
331- (c) A private entity, as defined by Section 21.031, or the
332- property owner may:
333- (1) negotiate for and agree to terms and conditions
334- not required by Subsection (a) or provided by Subsection (b),
335- including terms and conditions that differ from or are not included
336- in a subsequent condemnation petition; and
337- (2) agree to a deed, easement, agreement, or other
338- instrument of conveyance that does not include or includes terms
339- that differ from the terms required by Subsection (a).
340- (d) Except as provided by this subsection, this section does
341- not prohibit a private entity or the property owner from agreeing to
342- amend, alter, or omit the terms required by Subsection (a) at any
343- time after the private entity first provides a deed, easement,
344- agreement, or other instrument containing those terms to the
345- property owner, whether before or at the same time that the entity
346- makes an initial offer to the property owner. A private entity that
347- changes the terms required by Subsection (a) must provide a copy of
348- the amended deed, easement, agreement, or other instrument of
349- conveyance to the property owner not later than the seventh day
350- before the date the private entity files a condemnation petition
351- relating to the property.
352- (e) A private entity that amends a deed, easement,
353- agreement, or other instrument of conveyance to which this section
354- applies after the initial offer or final offer is not required to
355- satisfy again any requirement of Section 21.0113 that the private
356- entity has previously satisfied.
357- SECTION 2.03. Section 21.012, Property Code, is amended by
358- adding Subsection (b-1) to read as follows:
359- (b-1) In addition to the contents prescribed by Subsection
360- (b), a petition filed by a private entity as defined by Section
361- 21.031 to acquire property for a public use must state the terms to
362- be included in the instrument of conveyance under Section
363- 21.0114(a).
364- SECTION 2.04. Chapter 21, Property Code, is amended by
365- adding Subchapter B-1 to read as follows:
366- SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE
367- ENTITIES
368- Sec. 21.031. DEFINITION. In this subchapter, "private
369- entity":
370- (1) means:
371- (A) a for-profit entity, as defined by Section
372- 1.002, Business Organizations Code, however organized, including
373- an affiliate or subsidiary, authorized to exercise the power of
374- eminent domain to acquire private property for public use; or
375- (B) a corporation organized under Chapter 67,
376- Water Code, that has a for-profit entity, however organized, as the
377- sole or majority member; and
378- (2) does not include:
379- (A) a railroad operating in this state on or
380- before September 1, 2019; or
381- (B) an interstate pipeline governed by the
382- Natural Gas Act (15 U.S.C. Section 717 et seq.) that does not seek
383- to acquire property under this chapter.
384- Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) In this
385- section, "industrial tract" means a tract of real property that
386- contains a refinery, processing facility, underground or
387- aboveground storage facility, chemical plant, marine terminal,
388- electric station, power plant facility, or storage terminal or
389- another similar facility. The term does not include oil and gas
390- production sites.
391- (b) Except as expressly provided by Section 21.034(d), this
392- subchapter applies only to a private entity that seeks to acquire
393- for a project for public use 25 or more tracts of real property that
394- are not industrial tracts, including easements within those tracts,
395- and that are owned by at least 25 separate and unaffiliated property
396- owners.
397- (c) Except as expressly provided by Section 21.0392, this
398- subchapter does not apply to a private entity that:
399- (1) operates or proposes to construct an electric
400- transmission line; and
401- (2) is subject to the jurisdiction of the Public
402- Utility Commission of Texas under Chapter 37, Utilities Code.
403- Sec. 21.033. NOTICE OF INTENT. (a) Not later than the 30th
404- day before the date a private entity holds a meeting under this
405- subchapter, the private entity must send a written notice of intent
406- to the county judge for each county in which the private entity will
407- seek to acquire property.
408- (b) A notice sent under Subsection (a) must:
409- (1) state the private entity's intent to acquire real
410- property for public use;
411- (2) specify the public use; and
412- (3) identify the proposed route, including the tracts
413- of real property, identified by the tract number assigned by the
414- county assessor-collector, that the private entity intends to
415- acquire.
416- Sec. 21.034. NOTICE OF PROPERTY OWNER INFORMATION MEETING.
417- (a) A private entity shall, not later than the 14th day before the
418- date of a meeting to be held under Section 21.035, provide a written
419- notice advising the property owner of:
420- (1) the property owner's right to participate in a
421- meeting to discuss the proposed project, including:
422- (A) if the project is a pipeline, the substances,
423- products, materials, installations, and structures the private
424- entity intends to transport through, use for, or build as part of
425- the project; and
426- (B) any regulatory filings for the project
427- existing at that time, if any, as to the regulatory classification
428- of the project; and
429- (2) the date, time, and location of the meeting.
430- (b) The meeting notice may include a statement of the right
431- of the property owner to contact the private entity under Section
432- 21.039.
433- (c) The private entity shall send the meeting notice to:
434- (1) the property owner listed for the property on the
435- most recent tax roll for a taxing unit with authority to levy an ad
436- valorem tax on the property at the address for the property owner
437- listed on the tax roll; or
438- (2) the address for the property listed on the tax roll
439- described by Subdivision (1).
440- (d) If a project involves fewer than 25 tracts of real
441- property, including easements within those tracts, owned by
442- separate and unaffiliated property owners, the private entity shall
443- provide notice to the property owners in the manner prescribed by
444- this section that a property owner may request a meeting with the
445- private entity to receive the information required to be presented
446- by a private entity under Section 21.038. If a property owner
447- requests a meeting, the private entity shall, not later than the
448- 30th day after the date the private entity receives the meeting
449- request, offer to hold the meeting.
450- Sec. 21.035. PROPERTY OWNER INFORMATION MEETING. (a) For
451- each contiguous linear section of a proposed project route that is
452- equal to or less than 100 miles in length, the private entity shall
453- hold at least one group property owner meeting. For a project that
454- exceeds 100 miles in length, the private entity shall hold at least
455- one separate meeting for each 100-mile segment.
456- (b) The private entity shall hold a meeting required under
457- Subsection (a) in a centrally located public location:
458- (1) appropriate to the size and nature of the meeting;
459- and
460- (2) as convenient as practicable to the majority of
461- the tracts of real property, including easements within those
462- tracts, affected by the project section or segment for which the
463- meeting is required.
464- (c) A meeting required under Subsection (a) may not be
465- scheduled to begin earlier than 5:30 p.m.
466- (d) A private entity may not hold a meeting required under
467- Subsection (a) for a project section or segment earlier than the
468- 240th day before the date the private entity makes an initial offer
469- to a property owner within the project section or segment or later
470- than the 30th day before the date the private entity files a
471- petition against a property owner within the project section or
472- segment.
473- (e) If a private entity is unable to identify and provide
474- notice to a property owner as required by Section 21.034 before the
475- private entity holds a meeting required under Subsection (a), the
476- private entity shall provide notice to the property owner in the
477- manner described by Section 21.034(d) and, if requested by the
478- property owner, meet with the property owner as prescribed by that
479- subsection.
480- Sec. 21.036. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER
481- INFORMATION MEETING. (a) In addition to the property owner and the
482- private entity representatives, the following individuals may
483- attend a meeting held under Section 21.035:
484- (1) an invited relative of the property owner who is
485- related to the property owner within the third degree by
486- consanguinity or affinity, as determined under Chapter 573,
487- Government Code;
488- (2) an attorney or licensed appraiser representing the
489- property owner;
490- (3) an employee or a lessee of the property owner that
491- has direct knowledge of the property; or
492- (4) an employee of an entity with whom the property
493- owner has contracted for services to manage the property.
494- (b) A private entity may include in the notice required by
495- Section 21.034 a requirement that the property owner, not later
496- than five days before the date of the meeting:
497- (1) notify the private entity that the property owner
498- intends to attend the meeting; and
499- (2) identify persons described by Subsections
500- (a)(1)-(4) who intend to attend the meeting.
501- (c) The number of attendees under Subsections (a)(1)-(4)
502- may not exceed five individuals for each separate tract of
503- property.
504- (d) The private entity may:
505- (1) require attendees to provide identification and
506- complete a registration form that includes contact information; and
507- (2) exclude from the meeting:
508- (A) any person who does not provide
509- identification or complete a registration form, if required under
510- Subdivision (1); and
511- (B) any person described by Subsections
512- (a)(1)-(4) who is not timely identified to the private entity, if
513- required under Subsection (b).
514- (e) The private entity may take reasonable steps to maintain
515- safety and decorum at the meeting, including expelling attendees
516- who do not meet the requirements of this subchapter or who disrupt
517- the meeting.
518- (f) Notwithstanding Subsection (b)(1), the private entity
519- may not deny entry to a property owner who provides proper
520- identification and completes a registration form, if required under
521- Subsection (d)(1).
522- Sec. 21.037. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One
523- or more representatives designated by the private entity shall:
524- (1) attend each meeting required by Section 21.035;
525- and
526- (2) participate in those meetings as described by
527- Section 21.038.
528- Sec. 21.038. PROPERTY OWNER INFORMATION MEETING AGENDA.
529- (a) At a meeting held under Section 21.035:
530- (1) the private entity shall present:
531- (A) the landowner's bill of rights statement
532- required to be provided to a property owner under Section 21.0112;
533- (B) a description of the public use for which the
534- entity wants to acquire the real property;
535- (C) the terms required under Section 21.0114 to
536- be included in a deed, easement, agreement, or other instrument of
537- conveyance provided by the entity to the property owner;
538- (D) a general description of the method and
539- factors the entity used or intends to use to determine the entity's
540- initial offer, including:
541- (i) how damages to remaining property, if
542- any, were or will be evaluated; or
543- (ii) the name of the person who prepared or
544- is anticipated to prepare the appraisal report, comparative market
545- analysis, broker price opinion, market study, or summary of the
546- market study required under Section 21.0113(c);
547- (E) a description of the private entity's
548- regulatory filings specifically related to the project;
549- (F) the basis for the private entity's exercise
550- of eminent domain authority for the project; and
551- (G) the name and contact information, as known at
552- the time of the meeting, of any right-of-way agent or survey company
553- to be used by the private entity to acquire the property rights
554- sought; and
555- (2) any authorized attendee of the meeting must be
556- given an opportunity at the meeting to ask questions and make
557- comments regarding:
558- (A) the rights of the property owners;
559- (B) the proposed public use for which the real
560- property is to be acquired; and
561- (C) any terms required under Section 21.0114 to
562- be included in a deed, easement, agreement, or other instrument of
563- conveyance provided by the private entity to a property owner.
564- (b) On request, a private entity shall provide, in written
565- or electronic form, the materials provided by the private entity at
566- the meeting to a property owner who could not attend the meeting.
567- Sec. 21.039. CONTACT AFTER PROPERTY OWNER INFORMATION
568- MEETING. (a) A private entity that holds a meeting under Section
569- 21.035 may not, for three days following the date of the meeting,
570- contact a property owner who attended a meeting and, if required
571- under Section 21.036(d)(1), provided identification and completed
572- a registration form.
573- (b) Nothing in this subchapter precludes:
574- (1) a property owner or an individual allowed to
575- attend a meeting held under Section 21.035 from contacting the
576- private entity at any time; or
577- (2) the private entity from engaging in discussions
578- with a person described by Subdivision (1) after that person
579- contacts the entity.
580- Sec. 21.0391. PROCEDURES AFTER PROJECT RE-ROUTE. If any
581- part of the project is re-routed after any meeting is held under
582- Section 21.035, the private entity shall, with respect only to the
583- tracts affected by the re-route the property owners of which were
584- not provided notice under Section 21.034, comply with the
585- provisions of this subchapter with respect to tracts along the
586- re-route.
587- Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES
588- SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This
589- section applies only to a private entity that proposes to exercise
590- the power of eminent domain to construct an electric transmission
591- line and is subject to the authority of the Public Utility
592- Commission of Texas under Chapter 37, Utilities Code.
593- (b) A private entity to which this section applies and that
594- is required by the Public Utility Commission of Texas to conduct a
595- public meeting in connection with the electric transmission line
596- project shall present at the meeting:
597- (1) the information contained in the landowner's bill
598- of rights required to be provided to a property owner under Section
599- 21.0112;
600- (2) the terms required under Section 21.0114 to be
601- included in a deed, easement, agreement, or other instrument of
602- conveyance provided by the entity to the property owner;
603- (3) the name and contact information of any
604- third-party contractor or right-of-way agent that will contact a
605- property owner or seek access to the property owner's property in
606- connection with the project, to the extent available;
607- (4) the name and contact information, including direct
608- telephone number and e-mail address, for an agent or employee of the
609- entity with authority to answer questions about the electric
610- transmission line project;
611- (5) the method or methods for calculating the value of
612- the property being acquired by the entity and the damages, if any,
613- to the property owner's remaining property, as part of the entity's
614- initial offer to a property owner; and
615- (6) a detailed summary of procedures for right-of-way
616- acquisition after the route for the electric transmission line has
617- been selected.
618- (c) The private entity must give property owners the
619- opportunity to ask the entity questions regarding eminent domain
620- and right-of-way acquisition at the meeting.
621- (d) After the Public Utility Commission of Texas adopts a
622- route for the electric transmission line, the entity shall provide
623- by letter to each property owner on the route:
624- (1) a copy of the entity's draft easement form
625- containing a statement of the terms required by Section 21.0114 to
626- be included in a deed, easement, agreement, or other instrument of
627- conveyance provided by the entity to the property owner;
628- (2) an explanation of the initial offer process and
629- the basis and method or methods for calculating the value of the
630- property being acquired by the entity and the damages, if any, to
631- the property owner's remaining property as part of the initial
632- offer required by Section 21.0113;
633- (3) a statement of the property owner's right under
634- Section 21.0113 to receive a copy of the written appraisal with the
635- final offer, if a copy of the written appraisal has not previously
636- been provided to the property owner by the entity;
637- (4) an explanation of the negotiation process,
638- including the name and contact information of any right-of-way
639- agent who will be participating in the process, to the extent
640- available; and
641- (5) the name and contact information, including the
642- direct telephone number and e-mail address, for an agent or
643- employee of the entity with authority to answer questions about the
644- electric transmission line project.
645- (e) On request, a private entity shall provide, in written
646- or electronic form, the materials provided by the private entity at
647- the meeting to a property owner who could not attend the meeting.
648- SECTION 2.05. (a) Except as otherwise provided by this
649- section, the changes in law made by this article apply to the
650- acquisition of real property in connection with an initial offer
651- made under Chapter 21, Property Code, on or after the effective date
652- of this article. An acquisition of real property in connection with
653- an initial offer made under Chapter 21, Property Code, before the
654- effective date of this article is governed by the law applicable to
655- the acquisition immediately before the effective date of this
656- article, and that law is continued in effect for that purpose.
657- (b) Except as provided by Subsection (c) of this section,
658- the changes in law made by this article do not apply to an electric
659- transmission project for which the Public Utility Commission of
660- Texas has issued a final and appealable order that amends a
661- certificate of convenience and necessity before the effective date
662- of this article.
663- (c) Section 21.0392, Property Code, as added by this
664- article, applies only if a public meeting required by the Public
665- Utility Commission of Texas is conducted on or after the effective
666- date of this article.
667- (d) Except as provided by Subsection (e) of this section,
668- the changes in law made by this article do not apply to a pipeline
669- for which an application for a permit to operate the pipeline has
670- been filed with the Railroad Commission of Texas before the
671- effective date of this article.
672- (e) The changes in law made by this article apply to a
673- pipeline project for which an application for a permit to operate
674- the pipeline is filed with the Railroad Commission of Texas on or
675- after September 1, 2019, unless a written survey request is
676- provided to each property owner on the proposed route of the project
677- not later than the 90th day after the date the application is filed.
678- SECTION 2.06. This article takes effect January 1, 2020.
679- * * * * *
52+ Remedies Code, as added by this Act, apply only to a contract
53+ entered into on or after the effective date of this Act.
54+ SECTION 5. This Act takes effect September 1, 2019.