Texas 2019 - 86th Regular

Texas House Bill HB4156 Compare Versions

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

Old	New	Differences
1	1	By: Zwiener H.B. No. 4156
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the exercise of power of eminent domain by private
7	7	pipeline companies for the construction of common carrier
8	8	pipelines.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES,
11	11	AND COMMON PURCHASERS, Natural Resources Code, is amended to read
12	12	as follows:
13	13	Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Not
14	14	withstanding section 111.0190 of this chapter,
15	15	common carriers have
16	16	the right and power of eminent domain.
17	17	(b) In the exercise of the power of eminent domain granted
18	18	under the provisions of Subsection (a) of this section, a common
19	19	carrier may enter on and condemn the land, rights-of-way,
20	20	easements, and property of any person or corporation necessary for
21	21	the construction, maintenance, or operation of the common carrier
22	22	pipeline.
23	23	(c) Upon written request by a resident or owner of land
24	24	crossed by a common carrier pipeline, the common carrier must
25	25	disclose material data safety sheets concerning the commodities
26	26	transported by the common carrier required by the commission and
27	27	the Emergency Planning and Community Right-to-Know Act of 1986 (42
28	28	U.S.C. Section 11001 et seq.). Such disclosure must be in writing
29	29	and must be mailed or delivered to the resident or landowner within
30	30	30 days of receipt of the request.
31	31	Sec. 111.0190 NEED FOR TEMPORARY MORATORIUM ON COMMON
32	32	CARRIERS EXERCISING RIGHT OF EMINENT DOMAIN (a) The natural
33	33	resources, environment, and vital areas of the state are of utmost
34	34	importance to the state and its citizens and the State of Texas has
35	35	an essential public interest in establishing minimum standard for
36	36	land use in order to protect and preserve its natural resources,
37	37	environment, and vital areas; and
38	38	(b) State laws presently grants private pipeline companies
39	39	the power to acquire property or interests in property through the
40	40	use of eminent domain; and
41	41	(c) Technology has significantly advanced in the past
42	42	decade and the common carrier pipeline industry has also changed;
43	43	and
44	44	(d) The vitally important issue of land use impacts
45	45	associated with common carrier pipelines that are presently in use
46	46	and being developed for future use merits a detailed study by
47	47	elected officials and experts in this field to ensure that the
48	48	exercise of eminent domain by private pipeline companies is carried
49	49	out in a prudent and responsible manner consistent with this
50	50	state's essential public interest in establishing minimum
51	51	standards for land us in order to protect and preserve its natural
52	52	resources, environment, and vital areas; and
53	53	(e) A temporary moratorium on the exercise of eminent domain
54	54	powers of private pipeline companies through September 1, 2021,
55	55	would provide the legislature with the time to study the need for
56	56	any changes to land use controls or restrictions related to private
57	57	pipeline companies seeking to deliver petroleum to residents of
58	58	this state or other states, including but not limited to those
59	59	related to siting of common carrier pipelines, and to assess
60	60	various proposals relating to the eminent domain powers that
61	61	private pipeline companies presently enjoy, the issuance of certain
62	62	environmental permits to private pipeline companies, and the
63	63	enactment of additional laws to ensure the consistency of common
64	64	carrier pipeline development and operation with the state's land
65	65	use goals and standards.
66	66	Sec. 111.01900 TEMPORARY MORATORIUM ON COMMON CARRIERS
67	67	EXERCISING RIGHT OF EMINENT DOMAIN (a) The powers of eminent
68	68	domain granted by Sec. 111.019 RIGHT OF EMINENT DOMAIN, Natural
69	69	Resources Code, to common carrier pipeline companies shall be
70	70	temporarily suspended starting from the effective date of this
71	71	subchapter through and including September 1, 2021.
72	72	(b) Between the effective date of this subchapter and
73	73	September 1, 2021:
74	74	(1) No private common carrier pipeline company shall
75	75	exercise any eminent domain powers, including, without limitation,
76	76	condemning any property through the exercise of eminent domain; and
77	77	(2) The Texas Railroad Commission's Pipeline Safety
78	78	Department shall not accept any pre-construction reports from
79	79	pipeline operators.
80	80	(3) No state officer, official, or employee or any
81	81	state agency, department, commission, or committee shall issue any
82	82	approval, permit, or document necessary for the construction of a
83	83	common carrier pipeline, including, but not limited to, the
84	84	granting of any easement, deed, license, or permission.
85	85	SECTION 2. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2019.