By: Darby, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1211
(In the Senate - Received from the House April 26, 2019;
April 29, 2019, read first time and referred to Committee on State
Affairs; May 19, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 19, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1211 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition of, and the construction of
improvements to, real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CERTAIN AGREEMENTS BY ARCHITECTS AND ENGINEERS IN OR IN
CONNECTION WITH CONSTRUCTION CONTRACTS
SECTION 1.01. The heading to Chapter 130, Civil Practice
and Remedies Code, is amended to read as follows:
CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
CONSTRUCTION CONTRACTS
SECTION 1.02. Section 130.002, Civil Practice and Remedies
Code, is amended by adding Subsections (c), (d), and (e) to read as
follows:
(c) Except as provided by Subsection (d), a covenant or
promise in, in connection with, or collateral to a contract for
engineering or architectural services related to an improvement to
real property is void and unenforceable if the covenant or promise
provides that a licensed engineer or registered architect must
defend a party, including a third party, against a claim based
wholly or partly on the negligence of, fault of, or breach of
contract by a person other than the engineer or architect. A
covenant or promise in, in connection with, or collateral to a
contract for engineering or architectural services related to an
improvement to real property may provide for the reimbursement of
an owner's reasonable attorney's fees in proportion to the
engineer's or architect's liability.
(d) Notwithstanding Subsection (c), an owner that is a party
to a contract for engineering or architectural services related to
an improvement to real property may require in the contract that the
engineer or architect name the owner as an additional insured under
the engineer's or architect's commercial general liability
insurance policy and provide any defense to the owner provided by
the policy to a named insured.
(e) Subsection (c) does not apply to a contract for
design-build services between an owner and a design-builder in
which an owner contracts with a single entity to provide both design
and construction services.
SECTION 1.03. Chapter 130, Civil Practice and Remedies
Code, is amended by adding Section 130.0021 to read as follows:
Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.
(a) A contract for engineering or architectural services related
to an improvement to real property, or a contract for an improvement
to real property that contains engineering or architectural
services as a component part, may not require a licensed engineer or
registered architect to perform professional services to a level of
professional skill and care beyond that which would be provided by
an ordinarily prudent engineer or architect with the same
professional license under the same or similar circumstances.
(b) Nothing in this section prevents a party to a contract
for engineering or architectural services from enforcing specific
obligations in the contract that are separate from the standard of
care.
SECTION 1.04. (a) Section 130.002(c), Civil Practice and
Remedies Code, as added by this article, applies only to a covenant
or promise in, in connection with, or collateral to a contract
entered into on or after the effective date of this article.
(b) Sections 130.002(d) and 130.0021, Civil Practice and
Remedies Code, as added by this article, apply only to a contract
entered into on or after the effective date of this article.
SECTION 1.05. This article takes effect September 1, 2019.
ARTICLE 2. ACQUISITION OF REAL PROPERTY BY ENTITY WITH EMINENT
DOMAIN AUTHORITY
SECTION 2.01. Section 21.0113, Property Code, is amended by
adding Subsections (c), (d), (e), and (f) to read as follows:
(c) Notwithstanding Subsection (b), a private entity, as
defined by Section 21.031, with eminent domain authority that wants
to acquire real property for a public use has made a bona fide offer
only if the entity:
(1) satisfies the requirements of Subsection (b);
(2) includes with the initial offer:
(A) an offer of compensation in an amount equal
to or greater than:
(i) the market value of the property rights
sought to be acquired, including an estimate of damages to the
property owner's remaining property, if any, based on an appraisal
of the property prepared by a third party who is a certified general
appraiser licensed under Chapter 1103, Occupations Code; or
(ii) the estimated price or market value of
the property rights sought to be acquired based on data for at least
three comparable arm's-length sales of a fee simple interest in
property, including an estimate of damages to the property owner's
remaining property, if any, based on data then available to the
appraiser, broker, or private entity, as applicable, and based on:
(a) a comparative market analysis
prepared by a third party who is a real estate broker licensed under
Chapter 1101, Occupations Code, or a certified general appraiser
licensed under Chapter 1103, Occupations Code;
(b) a broker price opinion prepared by
a third party who is a real estate broker licensed under Chapter
1101, Occupations Code; or
(c) a market study prepared by a third
party who is a real estate broker licensed under Chapter 1101,
Occupations Code, or a certified general appraiser licensed under
Chapter 1103, Occupations Code;
(B) the complete written report of the appraisal,
the comparative market analysis, the broker price opinion, the
market study, or a summary of the market study, as prepared by the
third party, that forms the basis for the amount of the offer of
compensation under Paragraph (A);
(C) a deed, easement, agreement, or other
instrument of conveyance for the property rights sought that
complies with Section 21.0114;
(D) notice of the terms described by Section
21.0114(b) for which the property owner may negotiate to be
included in a deed, easement, agreement, or other instrument of
conveyance relating to the property;
(E) a statement of the property owner's right to
attend or request an information meeting required by Section 21.034
or 21.035, as applicable; and
(F) the landowner's bill of rights statement
prescribed by Section 21.0112, unless previously provided to the
property owner;
(3) holds a property owner information meeting under
Section 21.034 or 21.035, as applicable;
(4) provides notice of the proposed project to the
county judge of each county that the project is proposed to
traverse; and
(5) includes in the final offer, if made:
(A) a copy of the written appraisal report
required by Subsection (b)(4) unless the entity has previously
provided a copy of the report to the property owner; and
(B) a deed, easement, agreement, or other
instrument of conveyance for the property rights sought that
complies with Section 21.0114.
(d) For purposes of Subsection (c)(2)(A)(ii), a real estate
broker licensed under Chapter 1101, Occupations Code, is authorized
to prepare an estimated price based on a comparative market
analysis, a broker price opinion, a market study, or a summary of
the market study.
(e) A condemnation suit may not be abated, delayed, or
dismissed for noncompliance with this subchapter, except for
abatement as provided under Section 21.047(d).
(f) A private entity that provides to a property owner an
easement form that is generally consistent with the language or
provisions required by Section 21.0114(a) and the notice required
by Section 21.0114(b) is considered to have complied with Section
21.0114 for purposes of Subsection (c)(2)(C), regardless of whether
the private entity subsequently provides to the property owner a
different deed, easement, agreement, or other instrument of
conveyance as authorized under Sections 21.0114(c) and (d).
SECTION 2.02. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.0114 to read as follows:
Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE
BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsections
(b), (c), and (d), a deed, easement, agreement, or other instrument
of conveyance provided to a property owner by a private entity, as
defined by Section 21.031, with eminent domain authority to acquire
the property interest to be conveyed must include the following
terms, as applicable:
(1) if the instrument conveys a pipeline right-of-way
easement, the following terms with respect to the easement rights
granted under the instrument:
(A) the maximum number of pipelines that may be
installed in the easement;
(B) the maximum diameter, excluding any
protective coating or wrapping, of each pipeline to be initially
installed in the easement;
(C) the type or category of substances permitted
to be transported through each pipeline to be installed in the
easement;
(D) a general description of any aboveground
equipment or facility the private entity intends to install,
maintain, or operate on the surface of the easement;
(E) a description or illustration of the location
of the easement, including a metes and bounds or centerline
description, plat, or aerial or other map-based depiction of the
location of the easement on the property;
(F) the maximum width of the easement;
(G) the minimum depth at which each pipeline to
be installed in the easement will initially be installed;
(H) a provision identifying whether the private
entity intends to double-ditch areas of the easement that are not
installed by boring or horizontal directional drilling;
(I) a provision limiting the private entity's
right to assign the entity's interest under the deed, easement,
agreement, or other instrument of conveyance without:
(i) written notice to the property owner at
the last known address of the person in whose name the property is
listed on the most recent tax roll of any taxing unit authorized to
levy property taxes against the property; or
(ii) if the assignee, including an assignee
that is an affiliate or subsidiary of or entity otherwise related to
the private entity, will not operate each pipeline installed on the
easement as a common carrier line or gas utility, the express
written consent of the property owner, subject to other mutual
agreements under Subsections (c) and (d);
(J) a provision describing whether the easement
rights are exclusive, nonexclusive, or otherwise limited;
(K) a provision limiting the private entity's
right to grant a third party access to the easement area for a
purpose that is not related to the construction, safety, repair,
maintenance, inspection, replacement, operation, or removal of
each pipeline to be installed in the easement;
(L) a provision regarding the property owner's
right to recover actual monetary damages arising from the
construction and installation of each pipeline to be installed in
the easement, or a statement that the consideration for the
easement includes any monetary damages arising from the
construction and installation of each pipeline to be installed in
the easement;
(M) a provision regarding the property owner's
right after initial construction and installation of each pipeline
to be installed in the easement to actual monetary damages arising
from the repair, maintenance, inspection, replacement, operation,
or removal of each pipeline to be installed in the easement;
(N) a provision:
(i) regarding the removal, cutting, use,
repair, and replacement of gates and fences that cross the easement
or that will be used by the private entity; or
(ii) providing for the payment for any
damage that is not restored or paid for as part of the consideration
for the easement;
(O) a provision:
(i) regarding the private entity's
obligation to restore the easement area and the property owner's
remaining property, if any, used by the private entity to as near to
original condition as is reasonably practicable and to maintain the
easement; or
(ii) providing for the private entity to
reimburse the property owner for actual monetary damages incurred
by the property owner that arise from damage to the easement area
and the property owner's remaining property caused by the private
entity and not restored or paid for as part of the consideration for
the easement; and
(P) a provision describing the private entity's
rights of ingress, egress, entry, and access on, to, over, and
across the easement;
(2) if the instrument conveys an electric transmission
right-of-way easement:
(A) a general description of any use of the
surface of the easement the entity intends to acquire;
(B) a description or illustration of the location
of the easement, including a metes and bounds or centerline
description, plat, or aerial or other map-based depiction of the
location of the easement on the property;
(C) the maximum width of the easement;
(D) the manner in which the entity will access
the easement;
(E) a provision limiting access to the easement
area by a third party that has not obtained authorization from the
property owner for a purpose that is not related to the transmission
line's construction, safety, repair, maintenance, inspection,
replacement, operation, or removal;
(F) a provision regarding the property owner's
right to recover actual monetary damages arising from the
construction, repair, maintenance, replacement, or future removal
of lines and support facilities after initial construction in the
easement, or a statement that the consideration for the easement
includes such future damages;
(G) a provision:
(i) regarding the removal, cutting, use,
repair, and replacement of gates and fences that cross the easement
or that will be used by the private entity; or
(ii) providing for the payment for any
damage that is not restored or paid for as part of the consideration
for the easement;
(H) a provision regarding the entity's
obligation to restore the easement area and the property owner's
remaining property to the easement area's and the remaining
property's original contours and grades, to the extent practicable,
and:
(i) a provision regarding the entity's
obligation to restore the easement area and the property owner's
remaining property following any future damages directly
attributed to the use of the easement by the private entity, to the
extent practicable; or
(ii) a provision that the consideration for
the easement includes future damages to the easement area and the
property owner's remaining property;
(I) a provision describing whether the easement
rights are exclusive, nonexclusive, or otherwise limited; and
(J) a prohibition against the assignment of the
entity's interest in the property to an assignee that will not
operate as a utility subject to the jurisdiction of the Public
Utility Commission of Texas or the Federal Energy Regulatory
Commission without written notice to the property owner at the last
known address of the person in whose name the property is listed on
the most recent tax roll of any taxing unit authorized to levy
property taxes against the property;
(3) a prohibition against any use of the property
being conveyed, other than a use stated in the deed, easement,
agreement, or other instrument of conveyance, without the express
written consent of the property owner;
(4) a provision that the terms of the deed, easement,
agreement, or other instrument of conveyance will bind the
successors and assigns of the property owner and private entity;
and
(5) a provision setting forth the applicable insurance
or self-insurance to be provided by the private entity.
(b) The private entity shall notify the property owner that
the property owner may negotiate for the following terms to be
included in a deed, easement, agreement, or other instrument of
conveyance described by Subsection (a):
(1) a provision regarding the property owner's right
to negotiate to recover damages, or a statement that the
consideration for the easement includes damages, for:
(A) damage to vegetation; and
(B) the income loss from disruption of existing
agricultural production or existing leases based on verifiable loss
or lease payments; and
(2) a provision:
(A) requiring the private entity to maintain at
all times while the private entity uses the easement, including
during construction and operations on the easement, liability
insurance:
(i) issued by an insurer authorized to
issue liability insurance in this state; and
(ii) insuring the property owner against
liability for personal injuries and property damage sustained by
any person to the extent caused by the negligence of the private
entity or the private entity's agents or contractors and to the
extent allowed by law; or
(B) if the private entity is subject to the
jurisdiction of the Public Utility Commission of Texas or has a net
worth of at least $25 million, requiring the private entity to
indemnify the property owner against liability for personal
injuries and property damage sustained by any person caused by the
negligence of the private entity or the private entity's agents or
contractors.
(c) A private entity, as defined by Section 21.031, or the
property owner may:
(1) negotiate for and agree to terms and conditions
not required by Subsection (a) or provided by Subsection (b),
including terms and conditions that differ from or are not included
in a subsequent condemnation petition; and
(2) agree to a deed, easement, agreement, or other
instrument of conveyance that does not include or includes terms
that differ from the terms required by Subsection (a).
(d) Except as provided by this subsection, this section does
not prohibit a private entity or the property owner from agreeing to
amend, alter, or omit the terms required by Subsection (a) at any
time after the private entity first provides a deed, easement,
agreement, or other instrument containing those terms to the
property owner, whether before or at the same time that the entity
makes an initial offer to the property owner. A private entity that
changes the terms required by Subsection (a) must provide a copy of
the amended deed, easement, agreement, or other instrument of
conveyance to the property owner not later than the seventh day
before the date the private entity files a condemnation petition
relating to the property.
(e) A private entity that amends a deed, easement,
agreement, or other instrument of conveyance to which this section
applies after the initial offer or final offer is not required to
satisfy again any requirement of Section 21.0113 that the private
entity has previously satisfied.
SECTION 2.03. Section 21.012, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In addition to the contents prescribed by Subsection
(b), a petition filed by a private entity as defined by Section
21.031 to acquire property for a public use must state the terms to
be included in the instrument of conveyance under Section
21.0114(a).
SECTION 2.04. Chapter 21, Property Code, is amended by
adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE
ENTITIES
Sec. 21.031. DEFINITION. In this subchapter, "private
entity":
(1) means:
(A) a for-profit entity, as defined by Section
1.002, Business Organizations Code, however organized, including
an affiliate or subsidiary, authorized to exercise the power of
eminent domain to acquire private property for public use; or
(B) a corporation organized under Chapter 67,
Water Code, that has a for-profit entity, however organized, as the
sole or majority member; and
(2) does not include:
(A) a railroad operating in this state on or
before September 1, 2019; or
(B) an interstate pipeline governed by the
Natural Gas Act (15 U.S.C. Section 717 et seq.) that does not seek
to acquire property under this chapter.
Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) In this
section, "industrial tract" means a tract of real property that
contains a refinery, processing facility, underground or
aboveground storage facility, chemical plant, marine terminal,
electric station, power plant facility, or storage terminal or
another similar facility. The term does not include oil and gas
production sites.
(b) Except as expressly provided by Section 21.034(d), this
subchapter applies only to a private entity that seeks to acquire
for a project for public use 25 or more tracts of real property that
are not industrial tracts, including easements within those tracts,
and that are owned by at least 25 separate and unaffiliated property
owners.
(c) Except as expressly provided by Section 21.0392, this
subchapter does not apply to a private entity that:
(1) operates or proposes to construct an electric
transmission line; and
(2) is subject to the jurisdiction of the Public
Utility Commission of Texas under Chapter 37, Utilities Code.
Sec. 21.033. NOTICE OF INTENT. (a) Not later than the 30th
day before the date a private entity holds a meeting under this
subchapter, the private entity must send a written notice of intent
to the county judge for each county in which the private entity will
seek to acquire property.
(b) A notice sent under Subsection (a) must:
(1) state the private entity's intent to acquire real
property for public use;
(2) specify the public use; and
(3) identify the proposed route, including the tracts
of real property, identified by the tract number assigned by the
county assessor-collector, that the private entity intends to
acquire.
Sec. 21.034. NOTICE OF PROPERTY OWNER INFORMATION MEETING.
(a) A private entity shall, not later than the 14th day before the
date of a meeting to be held under Section 21.035, provide a written
notice advising the property owner of:
(1) the property owner's right to participate in a
meeting to discuss the proposed project, including:
(A) if the project is a pipeline, the substances,
products, materials, installations, and structures the private
entity intends to transport through, use for, or build as part of
the project; and
(B) any regulatory filings for the project
existing at that time, if any, as to the regulatory classification
of the project; and
(2) the date, time, and location of the meeting.
(b) The meeting notice may include a statement of the right
of the property owner to contact the private entity under Section
21.039.
(c) The private entity shall send the meeting notice to:
(1) the property owner listed for the property on the
most recent tax roll for a taxing unit with authority to levy an ad
valorem tax on the property at the address for the property owner
listed on the tax roll; or
(2) the address for the property listed on the tax roll
described by Subdivision (1).
(d) If a project involves fewer than 25 tracts of real
property, including easements within those tracts, owned by
separate and unaffiliated property owners, the private entity shall
provide notice to the property owners in the manner prescribed by
this section that a property owner may request a meeting with the
private entity to receive the information required to be presented
by a private entity under Section 21.038. If a property owner
requests a meeting, the private entity shall, not later than the
30th day after the date the private entity receives the meeting
request, offer to hold the meeting.
Sec. 21.035. PROPERTY OWNER INFORMATION MEETING. (a) For
each contiguous linear section of a proposed project route that is
equal to or less than 100 miles in length, the private entity shall
hold at least one group property owner meeting. For a project that
exceeds 100 miles in length, the private entity shall hold at least
one separate meeting for each 100-mile segment.
(b) The private entity shall hold a meeting required under
Subsection (a) in a centrally located public location:
(1) appropriate to the size and nature of the meeting;
and
(2) as convenient as practicable to the majority of
the tracts of real property, including easements within those
tracts, affected by the project section or segment for which the
meeting is required.
(c) A meeting required under Subsection (a) may not be
scheduled to begin earlier than 5:30 p.m.
(d) A private entity may not hold a meeting required under
Subsection (a) for a project section or segment earlier than the
240th day before the date the private entity makes an initial offer
to a property owner within the project section or segment or later
than the 30th day before the date the private entity files a
petition against a property owner within the project section or
segment.
(e) If a private entity is unable to identify and provide
notice to a property owner as required by Section 21.034 before the
private entity holds a meeting required under Subsection (a), the
private entity shall provide notice to the property owner in the
manner described by Section 21.034(d) and, if requested by the
property owner, meet with the property owner as prescribed by that
subsection.
Sec. 21.036. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER
INFORMATION MEETING. (a) In addition to the property owner and the
private entity representatives, the following individuals may
attend a meeting held under Section 21.035:
(1) an invited relative of the property owner who is
related to the property owner within the third degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code;
(2) an attorney or licensed appraiser representing the
property owner;
(3) an employee or a lessee of the property owner that
has direct knowledge of the property; or
(4) an employee of an entity with whom the property
owner has contracted for services to manage the property.
(b) A private entity may include in the notice required by
Section 21.034 a requirement that the property owner, not later
than five days before the date of the meeting:
(1) notify the private entity that the property owner
intends to attend the meeting; and
(2) identify persons described by Subsections
(a)(1)-(4) who intend to attend the meeting.
(c) The number of attendees under Subsections (a)(1)-(4)
may not exceed five individuals for each separate tract of
property.
(d) The private entity may:
(1) require attendees to provide identification and
complete a registration form that includes contact information; and
(2) exclude from the meeting:
(A) any person who does not provide
identification or complete a registration form, if required under
Subdivision (1); and
(B) any person described by Subsections
(a)(1)-(4) who is not timely identified to the private entity, if
required under Subsection (b).
(e) The private entity may take reasonable steps to maintain
safety and decorum at the meeting, including expelling attendees
who do not meet the requirements of this subchapter or who disrupt
the meeting.
(f) Notwithstanding Subsection (b)(1), the private entity
may not deny entry to a property owner who provides proper
identification and completes a registration form, if required under
Subsection (d)(1).
Sec. 21.037. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One
or more representatives designated by the private entity shall:
(1) attend each meeting required by Section 21.035;
and
(2) participate in those meetings as described by
Section 21.038.
Sec. 21.038. PROPERTY OWNER INFORMATION MEETING AGENDA.
(a) At a meeting held under Section 21.035:
(1) the private entity shall present:
(A) the landowner's bill of rights statement
required to be provided to a property owner under Section 21.0112;
(B) a description of the public use for which the
entity wants to acquire the real property;
(C) the terms required under Section 21.0114 to
be included in a deed, easement, agreement, or other instrument of
conveyance provided by the entity to the property owner;
(D) a general description of the method and
factors the entity used or intends to use to determine the entity's
initial offer, including:
(i) how damages to remaining property, if
any, were or will be evaluated; or
(ii) the name of the person who prepared or
is anticipated to prepare the appraisal report, comparative market
analysis, broker price opinion, market study, or summary of the
market study required under Section 21.0113(c);
(E) a description of the private entity's
regulatory filings specifically related to the project;
(F) the basis for the private entity's exercise
of eminent domain authority for the project; and
(G) the name and contact information, as known at
the time of the meeting, of any right-of-way agent or survey company
to be used by the private entity to acquire the property rights
sought; and
(2) any authorized attendee of the meeting must be
given an opportunity at the meeting to ask questions and make
comments regarding:
(A) the rights of the property owners;
(B) the proposed public use for which the real
property is to be acquired; and
(C) any terms required under Section 21.0114 to
be included in a deed, easement, agreement, or other instrument of
conveyance provided by the private entity to a property owner.
(b) On request, a private entity shall provide, in written
or electronic form, the materials provided by the private entity at
the meeting to a property owner who could not attend the meeting.
Sec. 21.039. CONTACT AFTER PROPERTY OWNER INFORMATION
MEETING. (a) A private entity that holds a meeting under Section
21.035 may not, for three days following the date of the meeting,
contact a property owner who attended a meeting and, if required
under Section 21.036(d)(1), provided identification and completed
a registration form.
(b) Nothing in this subchapter precludes:
(1) a property owner or an individual allowed to
attend a meeting held under Section 21.035 from contacting the
private entity at any time; or
(2) the private entity from engaging in discussions
with a person described by Subdivision (1) after that person
contacts the entity.
Sec. 21.0391. PROCEDURES AFTER PROJECT RE-ROUTE. If any
part of the project is re-routed after any meeting is held under
Section 21.035, the private entity shall, with respect only to the
tracts affected by the re-route the property owners of which were
not provided notice under Section 21.034, comply with the
provisions of this subchapter with respect to tracts along the
re-route.
Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES
SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This
section applies only to a private entity that proposes to exercise
the power of eminent domain to construct an electric transmission
line and is subject to the authority of the Public Utility
Commission of Texas under Chapter 37, Utilities Code.
(b) A private entity to which this section applies and that
is required by the Public Utility Commission of Texas to conduct a
public meeting in connection with the electric transmission line
project shall present at the meeting:
(1) the information contained in the landowner's bill
of rights required to be provided to a property owner under Section
21.0112;
(2) the terms required under Section 21.0114 to be
included in a deed, easement, agreement, or other instrument of
conveyance provided by the entity to the property owner;
(3) the name and contact information of any
third-party contractor or right-of-way agent that will contact a
property owner or seek access to the property owner's property in
connection with the project, to the extent available;
(4) the name and contact information, including direct
telephone number and e-mail address, for an agent or employee of the
entity with authority to answer questions about the electric
transmission line project;
(5) the method or methods for calculating the value of
the property being acquired by the entity and the damages, if any,
to the property owner's remaining property, as part of the entity's
initial offer to a property owner; and
(6) a detailed summary of procedures for right-of-way
acquisition after the route for the electric transmission line has
been selected.
(c) The private entity must give property owners the
opportunity to ask the entity questions regarding eminent domain
and right-of-way acquisition at the meeting.
(d) After the Public Utility Commission of Texas adopts a
route for the electric transmission line, the entity shall provide
by letter to each property owner on the route:
(1) a copy of the entity's draft easement form
containing a statement of the terms required by Section 21.0114 to
be included in a deed, easement, agreement, or other instrument of
conveyance provided by the entity to the property owner;
(2) an explanation of the initial offer process and
the basis and method or methods for calculating the value of the
property being acquired by the entity and the damages, if any, to
the property owner's remaining property as part of the initial
offer required by Section 21.0113;
(3) a statement of the property owner's right under
Section 21.0113 to receive a copy of the written appraisal with the
final offer, if a copy of the written appraisal has not previously
been provided to the property owner by the entity;
(4) an explanation of the negotiation process,
including the name and contact information of any right-of-way
agent who will be participating in the process, to the extent
available; and
(5) the name and contact information, including the
direct telephone number and e-mail address, for an agent or
employee of the entity with authority to answer questions about the
electric transmission line project.
(e) On request, a private entity shall provide, in written
or electronic form, the materials provided by the private entity at
the meeting to a property owner who could not attend the meeting.
SECTION 2.05. (a) Except as otherwise provided by this
section, the changes in law made by this article apply to the
acquisition of real property in connection with an initial offer
made under Chapter 21, Property Code, on or after the effective date
of this article. An acquisition of real property in connection with
an initial offer made under Chapter 21, Property Code, before the
effective date of this article is governed by the law applicable to
the acquisition immediately before the effective date of this
article, and that law is continued in effect for that purpose.
(b) Except as provided by Subsection (c) of this section,
the changes in law made by this article do not apply to an electric
transmission project for which the Public Utility Commission of
Texas has issued a final and appealable order that amends a
certificate of convenience and necessity before the effective date
of this article.
(c) Section 21.0392, Property Code, as added by this
article, applies only if a public meeting required by the Public
Utility Commission of Texas is conducted on or after the effective
date of this article.
(d) Except as provided by Subsection (e) of this section,
the changes in law made by this article do not apply to a pipeline
for which an application for a permit to operate the pipeline has
been filed with the Railroad Commission of Texas before the
effective date of this article.
(e) The changes in law made by this article apply to a
pipeline project for which an application for a permit to operate
the pipeline is filed with the Railroad Commission of Texas on or
after September 1, 2019, unless a written survey request is
provided to each property owner on the proposed route of the project
not later than the 90th day after the date the application is filed.
SECTION 2.06. This article takes effect January 1, 2020.
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