By: Zwiener H.B. No. 4573
A BILL TO BE ENTITLED
AN ACT
relating to best management practices for landowners regarding the
exercise of power of eminent domain for landowners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CHAPTER 12. POWERS AND DUTIES CONCERNING
WILDLIFE, Parks and Wildlife Code, is amended to read as follows:
Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
department may provide technical guidance to landowners who request
information concerning fish, wildlife, nongame, and habitat
management.
(b) In setting priorities for the provision of money to a
landowner under this section, the department shall consider:
(1) the inventory developed under Section 11.103; and
(2) the priorities set under Section 11.105.
(c) The department shall support landowner education
programs PARKS AND WILDLIFE CODE Statute text and cooperate with
appropriate state agencies.
(d) The department shall provide notice of Section 12.0251
to a private landowner who requests technical assistance before
entering the property to collect and record information about
animal or plant life.
(e) The commission by rule shall adopt policies, including
written guidelines for a method for providing notice under
Subsection (d) and for departmental entry onto privately owned land
to collect information described by Section 12.0251(a). The
policies and guidelines must identify the maximum information that
the department may maintain under Section 12.0251.
(f) A review or update of a record or plan produced by the
department under Section 12.0251 and maintained by the landowner or
the landowner's agent may be requested by the landowner or the
department.
(g) The department shall provide guidance to landowners
undergoing the eminent domain process concerning fish, wildlife,
nongame, and habitat management including:
(1) Negotiating best management practices for land
restoration following construction of common infrastructure
projects that use eminent domain such as roads, rail lines,
pipelines, and power lines; and
(2) Recommendations on how to ensure an accurate
valuation of wildlife lands; and
(3) reasonable indemnification, including proof of
appropriate insurance coverages, sound risk management practice
policies, hold harmless agreements, and other provisions that
provide the property owner with reasonable liability protection
from any and all possible claims associated with the condemnation
process; and
(4) the maximum acceptable width of permanent
easements, resulting from condemnation; and
(5) liability for damages and losses caused by or
arising out of construction, maintenance, replacement, or
operations such as, but no
t limited to loss of livestock, wildlife,
exotic game, crops, fences, gates, trees, buildings, and other
improvements; and
(6) non-interference clauses with regard to other
operations on property, such as grazing, farming, hunting, oil and
gas operations, and other normal activities found on private
properties in Texas; and
(7) timetable requirements for completion of
constructions
(8) the responsibility of the condemning entity to
remove the infrastructure within a defined timeline; nonuse needs
to be clearly defined.
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.