Texas 2019 - 86th Regular

Texas House Bill HB3327 Compare Versions

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

Old	New	Differences
1	1	86R11669 PMO-D
2	2	By: Zwiener H.B. No. 3327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition of real property for a proposed oil and
8	8	gas pipeline through eminent domain by a common carrier.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 21, Property Code, is amended by adding
11	11	Subchapter B-1 to read as follows:
12	12	SUBCHAPTER B-1. ADDITIONAL PROCEDURES FOR ACQUISITION OF CERTAIN
13	13	PROPERTY BY COMMON CARRIER
14	14	Sec. 21.031. DEFINITION. In this subchapter, "common
15	15	carrier" means a common carrier governed by Chapter 111, Natural
16	16	Resources Code.
17	17	Sec. 21.032. NOTICE OF INTENT BY COMMON CARRIER. (a) A
18	18	common carrier that intends to exercise eminent domain authority to
19	19	acquire real property for the construction and operation of an oil
20	20	and gas pipeline must send a written notice of intent to:
21	21	(1) the county judge of:
22	22	(A) the county in which the proposed pipeline
23	23	route is located; and
24	24	(B) each county the territorial boundaries of
25	25	which are located within five miles of the location of the proposed
26	26	pipeline route; and
27	27	(2) if applicable, the board of directors of:
28	28	(A) any groundwater conservation district
29	29	governed by Chapter 36, Water Code, in which the proposed pipeline
30	30	route is located; and
31	31	(B) each groundwater conservation district
32	32	governed by Chapter 36, Water Code, the territorial boundaries of
33	33	which are located within five miles of the location of the proposed
34	34	pipeline route.
35	35	(b) A notice sent under Subsection (a) must:
36	36	(1) state the common carrier's intent to acquire real
37	37	property for public use;
38	38	(2) specify that the public use is the construction
39	39	and operation of an oil and gas pipeline;
40	40	(3) identify the real property the common carrier
41	41	intends to acquire and the owners of the property; and
42	42	(4) identify and provide contact information for all
43	43	recipients of the notice.
44	44	Sec. 21.033. PROHIBITED CONTACT BEFORE NOTICE PROVIDED. A
45	45	common carrier may not contact any property owner identified in the
46	46	notice of intent until after the seventh day after the date the
47	47	notice of intent is sent under Section 21.032.
48	48	Sec. 21.034. PUBLIC MEETING. (a) The recipients of a
49	49	notice under Section 21.032 shall confer and, not later than the
50	50	60th day after the date the last recipient receives notice, the
51	51	county judge or judges and board or boards of directors, as
52	52	applicable, may jointly select a date on which a public meeting will
53	53	be held to consider the proposed pipeline route.
54	54	(b) If a public meeting is scheduled under Subsection (a),
55	55	the meeting must take place in a public location appropriate to the
56	56	size and nature of the meeting in a county or county and groundwater
57	57	conservation district, as applicable, through which the proposed
58	58	route will pass.
59	59	Sec. 21.035. NOTICE OF PUBLIC MEETING. (a) As soon as
60	60	practicable after the date for the public meeting under Section
61	61	21.034 is selected, a county judge or a member of a board of
62	62	directors of a groundwater conservation district jointly
63	63	designated by the notice recipients shall give notice of the
64	64	meeting to the common carrier.
65	65	(b) Not later than the 30th day before the date of the public
66	66	meeting, notice of the public meeting shall be published:
67	67	(1) by each county judge of a county that received
68	68	notice under Section 21.032 on that county's Internet website;
69	69	(2) if applicable, by each board of directors of a
70	70	groundwater conservation district that received notice under
71	71	Section 21.032 on that district's Internet website; and
72	72	(3) in a newspaper of general circulation in each
73	73	county described by Subdivision (1) and, if applicable, in each
74	74	groundwater conservation district described by Subdivision (2).
75	75	(c) A notice of public meeting under this section must
76	76	include the date, time, and location of the meeting.
77	77	Sec. 21.036. PARTICIPATION BY COMMON CARRIER. A
78	78	representative of a common carrier that gives notice of intent
79	79	under Section 21.032 shall attend and participate in any public
80	80	meeting scheduled under Section 21.034.
81	81	Sec. 21.037. OFFERS BY CERTAIN COMMON CARRIERS PROHIBITED.
82	82	A common carrier that does not attend and participate in a public
83	83	meeting as required by Section 21.036 may not make a bona fide offer
84	84	described by Section 21.0113.
85	85	SECTION 2. This Act takes effect September 1, 2019.