By: Zwiener H.B. No. 4156
A BILL TO BE ENTITLED
AN ACT
relating to the exercise of power of eminent domain by private
pipeline companies for the construction of common carrier
pipelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES,
AND COMMON PURCHASERS, Natural Resources Code, is amended to read
as follows:
Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Not
withstanding section 111.0190 of this chapter,
common carriers have
the right and power of eminent domain.
(b) In the exercise of the power of eminent domain granted
under the provisions of Subsection (a) of this section, a common
carrier may enter on and condemn the land, rights-of-way,
easements, and property of any person or corporation necessary for
the construction, maintenance, or operation of the common carrier
pipeline.
(c) Upon written request by a resident or owner of land
crossed by a common carrier pipeline, the common carrier must
disclose material data safety sheets concerning the commodities
transported by the common carrier required by the commission and
the Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. Section 11001 et seq.). Such disclosure must be in writing
and must be mailed or delivered to the resident or landowner within
30 days of receipt of the request.
Sec. 111.0190 NEED FOR TEMPORARY MORATORIUM ON COMMON
CARRIERS EXERCISING RIGHT OF EMINENT DOMAIN (a) The natural
resources, environment, and vital areas of the state are of utmost
importance to the state and its citizens and the State of Texas has
an essential public interest in establishing minimum standard for
land use in order to protect and preserve its natural resources,
environment, and vital areas; and
(b) State laws presently grants private pipeline companies
the power to acquire property or interests in property through the
use of eminent domain; and
(c) Technology has significantly advanced in the past
decade and the common carrier pipeline industry has also changed;
and
(d) The vitally important issue of land use impacts
associated with common carrier pipelines that are presently in use
and being developed for future use merits a detailed study by
elected officials and experts in this field to ensure that the
exercise of eminent domain by private pipeline companies is carried
out in a prudent and responsible manner consistent with this
state's essential public interest in establishing minimum
standards for land us in order to protect and preserve its natural
resources, environment, and vital areas; and
(e) A temporary moratorium on the exercise of eminent domain
powers of private pipeline companies through September 1, 2021,
would provide the legislature with the time to study the need for
any changes to land use controls or restrictions related to private
pipeline companies seeking to deliver petroleum to residents of
this state or other states, including but not limited to those
related to siting of common carrier pipelines, and to assess
various proposals relating to the eminent domain powers that
private pipeline companies presently enjoy, the issuance of certain
environmental permits to private pipeline companies, and the
enactment of additional laws to ensure the consistency of common
carrier pipeline development and operation with the state's land
use goals and standards.
Sec. 111.01900 TEMPORARY MORATORIUM ON COMMON CARRIERS
EXERCISING RIGHT OF EMINENT DOMAIN (a) The powers of eminent
domain granted by Sec. 111.019 RIGHT OF EMINENT DOMAIN, Natural
Resources Code, to common carrier pipeline companies shall be
temporarily suspended starting from the effective date of this
subchapter through and including September 1, 2021.
(b) Between the effective date of this subchapter and
September 1, 2021:
(1) No private common carrier pipeline company shall
exercise any eminent domain powers, including, without limitation,
condemning any property through the exercise of eminent domain; and
(2) The Texas Railroad Commission's Pipeline Safety
Department shall not accept any pre-construction reports from
pipeline operators.
(3) No state officer, official, or employee or any
state agency, department, commission, or committee shall issue any
approval, permit, or document necessary for the construction of a
common carrier pipeline, including, but not limited to, the
granting of any easement, deed, license, or permission.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.