86R12479 JAM-F
By: Lozano H.B. No. 3939
A BILL TO BE ENTITLED
AN ACT
relating to the exercise of the power of eminent domain by a common
carrier pipeline.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 111.019, Natural Resources Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) In the exercise of the power of eminent domain granted
under the provisions of Subsection (a), a common carrier shall make
a good faith effort to negotiate with the owner of property sought
to be condemned with regard to the particular route or location of
the pipeline or incidental facility on the owner's property. The
requirement to negotiate provided in this subsection:
(1) may not be construed to allow an owner of property
to unreasonably refuse to agree to a particular route proposed by
the common carrier or to negotiate a route or location of a pipeline
or incidental facility on property not owned by the property owner;
and
(2) is presumed to be satisfied if the common carrier
or its employees, contractors, agents, or assigns contact the
property owner in person, by telephone, or through certified mail,
return receipt requested, and the property owner does not respond
before the 15th day after the date of contact.
(e) Before entering property for the purpose of making a
preliminary survey to be used in the exercise of the power of
eminent domain granted under this section, the common carrier or
its employees, contractors, agents, or assigns shall obtain from
the property owner a written authorization for the right to enter
the property. A written authorization under this subsection:
(1) may not be unreasonably refused by a property
owner; and
(2) must:
(A) require notice before entering the property
under the authorization;
(B) require the authorized access to be at a time
that is agreeable to both the common carrier and the property owner;
(C) limit the right of entry to only the portion
of the property that is affected by the proposed pipeline;
(D) limit the right of entry to the purpose of
conducting surveys;
(E) prohibit the cutting, removal, or relocation
of a fence for the purpose of conducting the survey without the
prompt restoration or repair of the fence;
(F) require the restoration of property to be as
close as possible to the original condition before entry;
(G) require all equipment and tools used in the
survey to be removed by a certain date;
(H) require the common carrier or its employees,
contractors, agents, or assigns to promptly repair or remediate any
damage caused by the common carrier or its employees, contractors,
agents, or assigns while on the property;
(I) provide an indemnification provision in
favor of the property owner;
(J) require that the property owner, on written
request, be provided, at no charge, all non-privileged information
gathered from the entry, including surveys, reports, maps, and
photographs; and
(K) provide for an expiration date for the
authorization.
SECTION 2. The changes in law made by this Act to Section
111.019, Natural Resources Code, apply only to a condemnation
proceeding in which the petition is filed on or after the effective
date of this Act and to any property condemned through the
proceeding. A condemnation proceeding in which the petition is
filed before the effective date of this Act and any property
condemned through the proceeding are governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2019.