| 1 | 1 | | 86R12479 JAM-F |
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| 2 | 2 | | By: Lozano H.B. No. 3939 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the exercise of the power of eminent domain by a common |
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| 8 | 8 | | carrier pipeline. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 111.019, Natural Resources Code, is |
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| 11 | 11 | | amended by adding Subsections (d) and (e) to read as follows: |
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| 12 | 12 | | (d) In the exercise of the power of eminent domain granted |
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| 13 | 13 | | under the provisions of Subsection (a), a common carrier shall make |
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| 14 | 14 | | a good faith effort to negotiate with the owner of property sought |
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| 15 | 15 | | to be condemned with regard to the particular route or location of |
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| 16 | 16 | | the pipeline or incidental facility on the owner's property. The |
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| 17 | 17 | | requirement to negotiate provided in this subsection: |
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| 18 | 18 | | (1) may not be construed to allow an owner of property |
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| 19 | 19 | | to unreasonably refuse to agree to a particular route proposed by |
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| 20 | 20 | | the common carrier or to negotiate a route or location of a pipeline |
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| 21 | 21 | | or incidental facility on property not owned by the property owner; |
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| 22 | 22 | | and |
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| 23 | 23 | | (2) is presumed to be satisfied if the common carrier |
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| 24 | 24 | | or its employees, contractors, agents, or assigns contact the |
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| 25 | 25 | | property owner in person, by telephone, or through certified mail, |
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| 26 | 26 | | return receipt requested, and the property owner does not respond |
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| 27 | 27 | | before the 15th day after the date of contact. |
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| 28 | 28 | | (e) Before entering property for the purpose of making a |
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| 29 | 29 | | preliminary survey to be used in the exercise of the power of |
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| 30 | 30 | | eminent domain granted under this section, the common carrier or |
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| 31 | 31 | | its employees, contractors, agents, or assigns shall obtain from |
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| 32 | 32 | | the property owner a written authorization for the right to enter |
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| 33 | 33 | | the property. A written authorization under this subsection: |
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| 34 | 34 | | (1) may not be unreasonably refused by a property |
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| 35 | 35 | | owner; and |
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| 36 | 36 | | (2) must: |
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| 37 | 37 | | (A) require notice before entering the property |
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| 38 | 38 | | under the authorization; |
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| 39 | 39 | | (B) require the authorized access to be at a time |
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| 40 | 40 | | that is agreeable to both the common carrier and the property owner; |
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| 41 | 41 | | (C) limit the right of entry to only the portion |
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| 42 | 42 | | of the property that is affected by the proposed pipeline; |
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| 43 | 43 | | (D) limit the right of entry to the purpose of |
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| 44 | 44 | | conducting surveys; |
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| 45 | 45 | | (E) prohibit the cutting, removal, or relocation |
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| 46 | 46 | | of a fence for the purpose of conducting the survey without the |
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| 47 | 47 | | prompt restoration or repair of the fence; |
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| 48 | 48 | | (F) require the restoration of property to be as |
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| 49 | 49 | | close as possible to the original condition before entry; |
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| 50 | 50 | | (G) require all equipment and tools used in the |
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| 51 | 51 | | survey to be removed by a certain date; |
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| 52 | 52 | | (H) require the common carrier or its employees, |
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| 53 | 53 | | contractors, agents, or assigns to promptly repair or remediate any |
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| 54 | 54 | | damage caused by the common carrier or its employees, contractors, |
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| 55 | 55 | | agents, or assigns while on the property; |
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| 56 | 56 | | (I) provide an indemnification provision in |
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| 57 | 57 | | favor of the property owner; |
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| 58 | 58 | | (J) require that the property owner, on written |
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| 59 | 59 | | request, be provided, at no charge, all non-privileged information |
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| 60 | 60 | | gathered from the entry, including surveys, reports, maps, and |
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| 61 | 61 | | photographs; and |
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| 62 | 62 | | (K) provide for an expiration date for the |
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| 63 | 63 | | authorization. |
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| 64 | 64 | | SECTION 2. The changes in law made by this Act to Section |
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| 65 | 65 | | 111.019, Natural Resources Code, apply only to a condemnation |
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| 66 | 66 | | proceeding in which the petition is filed on or after the effective |
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| 67 | 67 | | date of this Act and to any property condemned through the |
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| 68 | 68 | | proceeding. A condemnation proceeding in which the petition is |
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| 69 | 69 | | filed before the effective date of this Act and any property |
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| 70 | 70 | | condemned through the proceeding are governed by the law in effect |
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| 71 | 71 | | immediately before that date, and that law is continued in effect |
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| 72 | 72 | | for that purpose. |
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| 73 | 73 | | SECTION 3. This Act takes effect September 1, 2019. |
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