Texas 2019 - 86th Regular

Texas Senate Bill SB421 Compare Versions

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Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst, et al. S.B. No. 421
2		-	(Craddick, Burns, Burrows, Phelan, et al.)
3		-	Substitute the following for S.B. No. 421: No.
4	2
5	3
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8	6		relating to the acquisition of real property by an entity with
9	7		eminent domain authority.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 21.0113, Property Code, is amended by
12		-	adding Subsections (c), (d), ~~(e),~~ and (f) to read as follows:
	10	+	adding Subsections (c), (d), and (e) to read as follows:
13	11		(c) Notwithstanding Subsection (b), a private entity, as
14	12		defined by Section 21.031, with eminent domain authority that wants
15		-	to acquire real property for a public use through the exercise of
16		-	the power of eminent domain has made a bona fide offer only if the
17		-	entity:
	13	+	to acquire real property for a pipeline or electric transmission
	14	+	project has made a bona fide offer only if the entity:
18	15		(1) satisfies the requirements of Subsection (b);
19		-	(2) includes ~~with~~ the initial offer:
20		-	(A) an offer of compensation in an amount ~~equal~~
21		-	to or greater than:
	16	+	(2) includes in the initial offer:
	17	+	(A) an offer of just compensation in an amount
	18	+	equal to or greater than:
22	19		(i) the market value of the property rights
23		-	sought to be acquired, including an estimate of damages to the
24		-	property owner's remaining property, if any, based on an appraisal
25		-	of the property prepared by a third party who is a certified general
26		-	appraiser licensed under Chapter 1103, Occupations Code;
27		-	(ii) the estimated price or market value of
28		-	the property rights sought to be acquired based on data for at least
29		-	three comparable arm's-length sales of a property based on data
30		-	then available to the appraiser, broker, or private entity, as
31		-	applicable, and based on:
32		-	(a) a comparative market analysis
33		-	prepared by a third party who is a real estate broker licensed under
34		-	Chapter 1101, Occupations Code, or a certified general appraiser
35		-	licensed under Chapter 1103, Occupations Code;
36		-	(b) a broker price opinion prepared by
37		-	a third party who is a real estate broker licensed under Chapter
38		-	1101, Occupations Code; or
39		-	(c) a market study prepared by a third
40		-	party who is a real estate broker licensed under Chapter 1101,
41		-	Occupations Code, or a certified general appraiser licensed under
42		-	Chapter 1103, Occupations Code; or
43		-	(iii) 140 percent of the per acre value for
44		-	each acre or part of an acre sought to be acquired by the private
45		-	entity from the property owner, based on the total land value and
46		-	improvements, if any, for the affected property as reflected in the
47		-	most recent tax rolls of the central appraisal district in which the
48		-	property is located;
	20	+	sought to be acquired, including damages to any of the property
	21	+	owner's remaining property, if any, and other damages, if any,
	22	+	based on an appraisal of the property prepared by an independent
	23	+	certified general appraiser licensed under Chapter 1103,
	24	+	Occupations Code; or
	25	+	(ii) the estimated sales price of the
	26	+	property rights sought to be acquired based on data for at least
	27	+	three comparable arm's-length sales, including damages to any of
	28	+	the property owner's remaining property, if any, and other damages,
	29	+	if any, based on:
	30	+	(a) a comparative market analysis of
	31	+	the property affected by the rights sought, prepared by an
	32	+	independent real estate broker licensed under Chapter 1101,
	33	+	Occupations Code;
	34	+	(b) a broker price opinion of the
	35	+	property affected by the rights sought, prepared by an independent
	36	+	real estate broker licensed under Chapter 1101, Occupations Code;
	37	+	or
	38	+	(c) a market study of the property
	39	+	affected by the rights sought, prepared by an independent real
	40	+	estate broker licensed under Chapter 1101, Occupations Code;
49	41		(B) the complete written report of the appraisal,
50		-	the comparative market analysis, the broker price opinion, the
51		-	market study, or a summary of the market study, as prepared by the
52		-	third party, or, if applicable, a description of the method
53		-	described by Paragraph (A)(iii) and the related information from
54		-	the central appraisal district, that forms the basis for the amount
55		-	of the offer of compensation under Paragraph (A);
56		-	(C) a deed, easement, agreement, or other
57		-	instrument of conveyance for the property rights sought that
58		-	complies with Section 21.0114(a) unless previously provided to the
59		-	property owner; and
60		-	(D) the landowner's bill of rights statement
61		-	prescribed by Section 21.0112, unless previously provided to the
62		-	property owner; and
63		-	(3) provides notice of the proposed project to the
64		-	constitutional county judge of each county that the project is
65		-	proposed to traverse not later than the time that an initial offer
66		-	is made to acquire property in the county in connection with the
67		-	project.
	42	+	the comparative market analysis, the broker price opinion, or the
	43	+	market study that forms the basis for the amount of the offer of
	44	+	compensation under Paragraph (A);
	45	+	(C) notice of the terms described by Section
	46	+	21.0114(b) for which the property owner may negotiate to be
	47	+	included in a deed, easement, agreement, or other instrument of
	48	+	conveyance relating to the property;
	49	+	(D) notice that the property owner may also
	50	+	receive a final offer accompanied by a written appraisal; and
	51	+	(E) a copy of the notice of property owner
	52	+	information meeting required by Section 21.033, if applicable,
	53	+	unless the entity has previously provided a copy of the notice to
	54	+	the property owner;
	55	+	(3) participates in the property owner information
	56	+	meeting in the manner prescribed by Section 21.037, if applicable;
	57	+	(4) obtains for purposes of Subsection (b)(4) a
	58	+	written appraisal report from a certified appraiser; and
	59	+	(5) includes in the final offer a copy of the written
	60	+	appraisal report required by Subsection (b)(4) unless the entity
	61	+	has previously provided a copy of the report to the property owner.
68	62		(d) For purposes of Subsection (c)(2)(A)(ii), a real estate
69	63		broker licensed under Chapter 1101, Occupations Code, is authorized
70		-	to prepare an estimated price based on a comparative market
71		-	analysis, a broker price opinion, a market study, or a summary of
72		-	the market study.
73		-	(e) A private entity that provides to a property owner an
74		-	easement form that is generally consistent with the language or
75		-	provisions required by Section 21.0114(a) is considered to have
76		-	complied with Section 21.0114(a) for purposes of Subsection
77		-	(c)(2)(C), regardless of whether the private entity subsequently
78		-	provides to the property owner a different deed, easement,
79		-	agreement, or other instrument of conveyance as authorized under
80		-	Section 21.0114.
81		-	(f) Notwithstanding any other law, a private entity, as
82		-	defined by Section 21.031, with eminent domain authority that wants
83		-	to acquire real property for a public use may not, directly or
84		-	indirectly, offer or pay to an agent or employee of the private
85		-	entity a financial incentive that would tend to encourage the agent
86		-	or employee to make an initial offer that the agent or employee
87		-	knows or should know is lower than the lowest initial offer required
88		-	under Subsection (c)(2)(A).
89		-	SECTION 2. Subchapter B, Chapter 21, Property Code, is
90		-	amended by adding Sections 21.0114 and 21.0115 to read as follows:
	64	+	to prepare an estimated sales price based on a comparative market
	65	+	analysis, a broker price opinion, or a market study.
	66	+	(e) An offer of compensation made under Subsection (c) must
	67	+	include a separate statement of:
	68	+	(1) the damages, if any, to any of the property owner's
	69	+	remaining property; and
	70	+	(2) the other damages, if any.
	71	+	SECTION 2. Section 21.047(d), Property Code, is transferred
	72	+	to Section 21.0113, Property Code, redesignated as Section
	73	+	21.0113(f), Property Code, and amended to read as follows:
	74	+	(f) [(d)] If a court hearing a suit under this chapter
	75	+	determines that a condemnor did not make a bona fide offer to
	76	+	acquire the property from the property owner voluntarily as
	77	+	required by this section [Section 21.0113], the court shall abate
	78	+	the suit, order the condemnor to make a bona fide offer, and order
	79	+	the condemnor to pay:
	80	+	(1) all costs as provided by Section 21.047(a)
	81	+	[Subsection (a)]; and
	82	+	(2) any reasonable attorney's fees and other
	83	+	professional fees incurred by the property owner that are directly
	84	+	related to the violation.
	85	+	SECTION 3. Subchapter B, Chapter 21, Property Code, is
	86	+	amended by adding Section 21.0114 to read as follows:
91	87		Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE
92		-	BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsection
93		-	(b), a deed, easement, agreement, or other instrument of conveyance
94		-	provided to a property owner by a private entity, as defined by
95		-	Section 21.031, with eminent domain authority to acquire the
96		-	property interest to be conveyed for a public use and that seeks to
97		-	acquire the property interest through the exercise of the power of
98		-	eminent domain must include the following terms, as applicable:
	88	+	BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by
	89	+	Subsections (c) and (d), a deed, easement, agreement, or other
	90	+	instrument of conveyance provided to a property owner by a private
	91	+	entity, as defined by Section 21.031, that has the power of eminent
	92	+	domain to acquire the property interest to be conveyed must include
	93	+	the following terms, as applicable:
99	94		(1) if the instrument conveys a pipeline right-of-way
100		-	easement, the following terms with respect to the easement rights
101		-	granted under the instrument:
	95	+	easement:
102	96		(A) the maximum number of pipelines that may be
103	97		installed in the easement;
104	98		(B) the maximum diameter, excluding any
105	99		protective coating or wrapping, of each pipeline to be initially
106	100		installed in the easement;
107	101		(C) the type or category of substances permitted
108		-	to be transported through each pipeline to be initially installed
109		-	in the easement;
110		-	(D) a general description or illustration of the
111		-	location of the easement on the property in the form of a plat map,
112		-	aerial sketch, or other type of description or illustration;
113		-	(E) the maximum width of the easement; and
114		-	(F) the minimum depth at which each pipeline to
115		-	be installed in the easement will initially be installed; and
	102	+	to be transported through each pipeline to be installed in the
	103	+	easement;
	104	+	(D) a general description of any aboveground
	105	+	equipment or facility the private entity intends to install,
	106	+	maintain, or operate on the surface of the easement;
	107	+	(E) any descriptions of the location of the
	108	+	easement, including metes and bounds or centerline descriptions,
	109	+	plats, and aerial or other map-based depictions of the location of
	110	+	the easement on the property, that are in the possession of the
	111	+	private entity when the private entity provides the instrument of
	112	+	conveyance to the property owner;
	113	+	(F) the maximum width of the easement;
	114	+	(G) the minimum depth at which each pipeline to
	115	+	be installed in the easement will initially be installed;
	116	+	(H) a provision identifying whether the private
	117	+	entity intends to double-ditch areas of the easement that are not
	118	+	installed by boring or horizontal directional drilling;
	119	+	(I) a provision limiting the private entity's
	120	+	right to assign the entity's interest under the deed, easement,
	121	+	agreement, or other instrument of conveyance without:
	122	+	(i) written notice to the property owner at
	123	+	the last known address of the person in whose name the property is
	124	+	listed on the most recent tax roll of any taxing unit authorized to
	125	+	levy property taxes against the property; or
	126	+	(ii) if the assignee, including an assignee
	127	+	that is an affiliate or subsidiary of or entity otherwise related to
	128	+	the private entity, will not operate each pipeline installed on the
	129	+	easement as a common carrier line or gas utility, the express
	130	+	written consent of the property owner, provided the property owner
	131	+	does not unreasonably withhold consent;
	132	+	(J) a provision describing whether the easement
	133	+	rights are exclusive, nonexclusive, or otherwise limited;
	134	+	(K) a provision limiting the private entity's
	135	+	right to grant a third party access to the easement area for a
	136	+	purpose that is not related to the construction, safety, repair,
	137	+	maintenance, inspection, replacement, operation, or removal of
	138	+	each pipeline to be installed in the easement;
	139	+	(L) a provision regarding the property owner's
	140	+	right to recover actual monetary damages arising from the
	141	+	construction and installation of each pipeline to be installed in
	142	+	the easement, or a statement that the consideration for the
	143	+	easement includes any monetary damages arising from the
	144	+	construction and installation of each pipeline to be installed in
	145	+	the easement;
	146	+	(M) a provision regarding the property owner's
	147	+	right after initial construction and installation of each pipeline
	148	+	to be installed in the easement to actual monetary damages arising
	149	+	from the repair, maintenance, inspection, replacement, operation,
	150	+	or removal of each pipeline to be installed in the easement;
	151	+	(N) a provision:
	152	+	(i) regarding the removal, cutting, use,
	153	+	repair, and replacement of gates and fences that cross the easement
	154	+	or that will be used by the private entity; or
	155	+	(ii) providing for the payment for any
	156	+	damage that is not restored;
	157	+	(O) a provision:
	158	+	(i) regarding the private entity's
	159	+	obligation to restore the easement area and the property owner's
	160	+	remaining property used by the private entity to as near to original
	161	+	condition as is reasonably practicable and to maintain the
	162	+	easement, including restoring the easement to the easement's
	163	+	original contours and grades; or
	164	+	(ii) providing for the private entity to
	165	+	reimburse the property owner for actual monetary damages incurred
	166	+	by the property owner that arise from damage to the easement area
	167	+	and the property owner's remaining property caused by the private
	168	+	entity and not restored; and
	169	+	(P) a provision describing the private entity's
	170	+	rights of ingress, egress, entry, and access on, to, over, and
	171	+	across the easement; and
116	172		(2) if the instrument conveys an electric transmission
117	173		right-of-way easement:
118	174		(A) a general description of any use of the
119	175		surface of the easement the entity intends to acquire;
120		-	(B) a general description or illustration of the
121		-	location of the easement on the property in the form of a plat map,
122		-	aerial sketch, or other type of description or illustration; and
123		-	(C) the maximum width of the easement.
124		-	(b) Except as provided by this subsection, this section does
125		-	not prohibit a private entity or the property owner from proposing
126		-	or agreeing to add to, change, or omit any term required by
127		-	Subsection (a) at any time after the private entity first provides a
128		-	deed, easement, agreement, or other instrument containing the term
129		-	to the property owner, whether provided before or at the same time
130		-	as the entity's initial offer to the property owner. A private
131		-	entity that adds to, changes, or omits any term required by
132		-	Subsection (a) must provide a copy of the amended deed, easement,
133		-	agreement, or other instrument of conveyance to the property owner
134		-	before the date the private entity files a condemnation petition
135		-	relating to the property.
136		-	(c) A private entity that changes a deed, easement,
	176	+	(B) all descriptions of the location of the
	177	+	easement, including metes and bounds or centerline descriptions,
	178	+	plats, and aerial or other map-based depictions of the location of
	179	+	the easement on the property, that are in the possession of the
	180	+	private entity when the private entity provides the instrument of
	181	+	conveyance to the property owner;
	182	+	(C) the maximum width of the easement;
	183	+	(D) the manner in which the entity will access
	184	+	the easement;
	185	+	(E) a provision limiting access to the easement
	186	+	area by a third party that has not obtained authorization from the
	187	+	property owner for a purpose that is not related to the transmission
	188	+	line's construction, safety, repair, maintenance, inspection,
	189	+	replacement, operation, or removal;
	190	+	(F) a provision regarding the property owner's
	191	+	right to recover actual monetary damages arising from the
	192	+	construction, repair, maintenance, replacement, or future removal
	193	+	of lines and support facilities in the easement, or a statement that
	194	+	the consideration for the easement includes such future damages;
	195	+	(G) a provision:
	196	+	(i) regarding the removal, cutting, use,
	197	+	repair, and replacement of gates and fences that cross the easement
	198	+	or that will be used by the private entity; or
	199	+	(ii) providing for the payment for any
	200	+	damage that is not restored;
	201	+	(H) a provision regarding the entity's
	202	+	obligation to restore the easement area and the property owner's
	203	+	remaining property to the easement area's and the remaining
	204	+	property's original contours and grades and:
	205	+	(i) a provision regarding the entity's
	206	+	obligation to restore the easement area and the property owner's
	207	+	remaining property following any future damages directly
	208	+	attributed to the use of the easement by the private entity; or
	209	+	(ii) a statement that the consideration for
	210	+	the easement includes future damages to the easement area and the
	211	+	property owner's remaining property;
	212	+	(I) a provision describing whether the easement
	213	+	rights are exclusive, nonexclusive, or otherwise limited; and
	214	+	(J) a prohibition against the assignment of the
	215	+	entity's interest in the property to an assignee that will not
	216	+	operate as a utility subject to the jurisdiction of the Public
	217	+	Utility Commission of Texas or the Federal Energy Regulatory
	218	+	Commission without written notice to the property owner at the last
	219	+	known address of the person in whose name the property is listed on
	220	+	the most recent tax roll of any taxing unit authorized to levy
	221	+	property taxes against the property.
	222	+	(b) The private entity shall notify the property owner that
	223	+	the property owner may negotiate for the following terms to be
	224	+	included in a deed, easement, agreement, or other instrument of
	225	+	conveyance described by Subsection (a):
	226	+	(1) a provision regarding the property owner's right
	227	+	to negotiate to recover damages, or a statement that the
	228	+	consideration for the easement includes damages, for:
	229	+	(A) damage to vegetation; and
	230	+	(B) the income loss from disruption of existing
	231	+	agricultural production or existing leases;
	232	+	(2) a prohibition against any use of the property
	233	+	being conveyed, other than a use stated in the deed, easement,
	234	+	agreement, or other instrument of conveyance, without the express
	235	+	written consent of the property owner;
	236	+	(3) a provision:
	237	+	(A) requiring the private entity to maintain at
	238	+	all times while the private entity uses the easement, including
	239	+	during construction and operations on the easement, liability
	240	+	insurance:
	241	+	(i) issued by an insurer authorized to
	242	+	issue liability insurance in this state; and
	243	+	(ii) insuring the property owner against
	244	+	liability for personal injuries and property damage sustained by
	245	+	any person caused by the negligence of the private entity or the
	246	+	private entity's agents or contractors; or
	247	+	(B) if the private entity is subject to the
	248	+	jurisdiction of the Public Utility Commission of Texas or has a net
	249	+	worth of at least $25 million, requiring the private entity to
	250	+	indemnify the property owner against liability for personal
	251	+	injuries and property damage sustained by any person caused by the
	252	+	negligence of the private entity or the private entity's agents or
	253	+	contractors; and
	254	+	(4) a provision that the terms of the deed, easement,
	255	+	agreement, or other instrument of conveyance will bind the
	256	+	successors and assigns of the property owner and private entity.
	257	+	(c) A private entity, as defined by Section 21.031, or the
	258	+	property owner may:
	259	+	(1) negotiate for and agree to terms and conditions
	260	+	not required by Subsection (a) or provided by Subsection (b),
	261	+	including terms and conditions not included in a subsequent
	262	+	condemnation petition; and
	263	+	(2) agree to a deed, easement, agreement, or other
	264	+	instrument of conveyance that does not include the terms required
	265	+	by Subsection (a).
	266	+	(d) Except as provided by this subsection, this section does
	267	+	not prohibit a private entity or the property owner from agreeing to
	268	+	amend the terms required by Subsection (a) after the private entity
	269	+	makes an initial offer or final offer to the property owner as
	270	+	required by Section 21.0113. A private entity that changes the
	271	+	terms required by Subsection (a) must provide a copy of the amended
	272	+	deed, easement, agreement, or other instrument of conveyance to the
	273	+	property owner not later than the 14th day before the date the
	274	+	private entity files a condemnation petition relating to the
	275	+	property.
	276	+	(e) A private entity that amends a deed, easement,
137	277		agreement, or other instrument of conveyance to which this section
138	278		applies after the initial offer or final offer is not required to
139	279		satisfy again any requirement of Section 21.0113 that the private
140	280		entity has previously satisfied.
141		-	Sec. 21.0115. MUTUAL AGREEMENT. Notwithstanding any other
142		-	provision of this chapter and regardless of whether an acquisition
143		-	is for a public use, a property owner and a private entity, as
144		-	defined by Section 21.031, are not prohibited from agreeing to
145		-	acquisition by the private entity of an interest in the property
146		-	owner's property without complying with the provisions of Section
147		-	21.0113(c) or 21.0114 at any time after the private entity provides
148		-	the landowner's bill of rights statement to the property owner in
149		-	accordance with Section 21.0112.
150		-	SECTION 3. Section 21.014(a), Property Code, is amended to
151		-	read as follows:
152		-	(a) The judge of a court in which a condemnation petition is
153		-	filed or to which an eminent domain case is assigned shall, not
154		-	later than the 15th calendar day after the date the petition is
155		-	filed, appoint three disinterested real property owners who reside
156		-	in the county as special commissioners to assess the damages of the
157		-	owner of the property being condemned and two disinterested real
158		-	property owners who reside in the county as alternate special
159		-	commissioners. The judge appointing the special commissioners
160		-	shall give preference to any persons agreed on by the parties before
161		-	the court appoints the special commissioners. Each party shall
162		-	have seven calendar days after the date of the appointment of the
163		-	special commissioners [The judge shall provide each party a
164		-	reasonable period] to strike one of the three special commissioners
165		-	[appointed by the judge]. If a person fails to serve as a special
166		-	commissioner or is struck by a party to the suit in accordance with
167		-	this subsection, an alternate special commissioner shall serve as a
168		-	replacement for the special commissioner based on the order that
169		-	the alternate special commissioners are listed in the initial order
170		-	of appointment [, the judge shall appoint a replacement].
171		-	SECTION 4. Section 21.015(a), Property Code, is amended to
172		-	read as follows:
173		-	(a) Unless otherwise agreed by the parties, the [The]
174		-	special commissioners in an eminent domain proceeding shall
175		-	[promptly] schedule a hearing to occur not earlier than [for the
176		-	parties at the earliest practical time but may not schedule a
177		-	hearing to assess damages before] the 20th day or later than the
178		-	45th day after the date the special commissioners were appointed.
179		-	The special commissioners shall schedule a hearing for the parties
180		-	at a place that is as near as practical to the property being
181		-	condemned or at the county seat of the county in which the
182		-	proceeding is being held.
183		-	SECTION 5. Section 21.016(d), Property Code, is amended to
184		-	read as follows:
185		-	(d) Notice may be served[:
186		-	[(1)] by delivering a copy of the notice to the party
187		-	or to the party's agent or attorney or in another manner provided by
188		-	the Texas Rules of Civil Procedure for service of citation[;
189		-	[(2) if the property being condemned belongs to a
190		-	deceased's estate or to a minor or other legally disabled person and
191		-	the person or estate has a legal representative, by delivering a
192		-	copy of the notice to the legal representative; or
193		-	[(3) if the property being condemned belongs to a
194		-	nonresident of this state and there has been no personal service on
195		-	the owner, if the identity or the residence of the property owner is
196		-	unknown, or if the property owner avoids service of notice by
197		-	hiding, by publication in the same manner as service of citation by
198		-	publication in other civil cases in the district courts or county
199		-	courts at law].
200		-	SECTION 6. Subchapter B, Chapter 21, Property Code, is
201		-	amended by adding Section 21.0161 to read as follows:
202		-	Sec. 21.0161. FILING OF COMMISSIONERS' FINDINGS. The
203		-	special commissioners shall file their findings with the court not
204		-	later than the third calendar day after the date of the special
205		-	commissioners' hearing.
206		-	SECTION 7. Chapter 21, Property Code, is amended by adding
	281	+	(f) A court hearing a suit under this chapter involving
	282	+	property the acquisition of which is subject to the requirements of
	283	+	this section:
	284	+	(1) may determine whether the private entity has
	285	+	complied with the requirements of this section; and
	286	+	(2) if the court determines that the private entity
	287	+	has not provided to a property owner a deed, easement, agreement, or
	288	+	other instrument of conveyance that complies with the requirements
	289	+	of this section, shall:
	290	+	(A) order the private entity to:
	291	+	(i) provide to the property owner a deed,
	292	+	easement, agreement, or other instrument of conveyance that
	293	+	complies with the requirements of this section; and
	294	+	(ii) pay to the property owner:
	295	+	(a) all costs related to the private
	296	+	entity's failure to comply with this section; and
	297	+	(b) any reasonable attorney's fees and
	298	+	other professional fees incurred by the property owner that are
	299	+	directly related to the private entity's failure to comply with
	300	+	this section; and
	301	+	(B) abate a pending proceeding until the
	302	+	instrument is provided.
	303	+	SECTION 4. Section 21.012, Property Code, is amended by
	304	+	adding Subsection (b-1) to read as follows:
	305	+	(b-1) In addition to the contents prescribed by Subsection
	306	+	(b), a petition filed by a private entity as defined by Section
	307	+	21.031 to acquire property for a pipeline or electric transmission
	308	+	project must state the terms to be included in the instrument of
	309	+	conveyance under Section 21.0114.
	310	+	SECTION 5. Chapter 21, Property Code, is amended by adding
207	311		Subchapter B-1 to read as follows:
208	312		SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE
209	313		ENTITIES
210	314		Sec. 21.031. DEFINITION. In this subchapter, "private
211	315		entity":
212	316		(1) means:
213		-	(A) a for-profit entity, as defined by Section
214		-	1.002, Business Organizations Code, however organized, including
215		-	an affiliate or subsidiary, authorized to exercise the power of
216		-	eminent domain to acquire private property for public use or a group
217		-	or combination of two or more such entities; or
218		-	(B) a corporation organized under Chapter 67,
219		-	Water Code, that has a for-profit entity, however organized, as the
220		-	sole or majority member; and
221		-	(2) does not include:
222		-	(A) a railroad operating in this state; or
223		-	(B) an interstate pipeline governed by the
224		-	Natural Gas Act (15 U.S.C. Section 717 et seq.) that does not seek
225		-	to acquire property under this chapter.
226		-	Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) This
227		-	subchapter applies only to a private entity that seeks to acquire
228		-	for a project for public use 25 or more tracts of real property that
229		-	are:
230		-	(1) classified as residential, agricultural, or
231		-	commercial property by the taxing authority that assesses ad
232		-	valorem taxes on the tracts; and
233		-	(2) owned by at least 25 separate and unaffiliated
234		-	property owners.
235		-	(b) Except as expressly provided by Section 21.038, this
	317	+	(A) a for-profit entity, however organized,
	318	+	authorized to exercise the power of eminent domain to acquire
	319	+	private property for public use; and
	320	+	(B) any affiliate or subsidiary of or entity
	321	+	related to an entity described by Paragraph (A), including a
	322	+	for-profit corporation organized under Chapter 67, Water Code, if
	323	+	the affiliate, subsidiary, or other entity was formed for purposes
	324	+	of a project for which property may be acquired through eminent
	325	+	domain; and
	326	+	(2) does not include a railroad operating in this
	327	+	state on or before September 1, 2019.
	328	+	Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) Except as
	329	+	expressly provided by Section 21.033(d), this subchapter applies
	330	+	only to a private entity that seeks to acquire for the same pipeline
	331	+	or electric transmission project 25 or more tracts of real
	332	+	property, including easements within those tracts, that are owned
	333	+	by at least 25 separate and unaffiliated property owners.
	334	+	(b) Except as expressly provided by Section 21.0392, this
236	335		subchapter does not apply to a private entity that:
237	336		(1) operates or proposes to construct an electric
238	337		transmission line; and
239	338		(2) is subject to the jurisdiction of the Public
240	339		Utility Commission of Texas under Chapter 37, Utilities Code.
241		-	Sec. 21.033. NOTICE OF RIGHT TO REQUEST MEETING. (a) Not
242		-	later than the time that a private entity makes an initial offer to
243		-	a property owner under Section 21.0113, the private entity shall
244		-	provide to the property owner a written notice of the property
245		-	owner's right to request a meeting, subject to Section 21.0331, to
246		-	discuss the proposed project, including:
247		-	(1) if the project is a pipeline, the substances,
	340	+	(c) This subchapter does not apply to the acquisition of a
	341	+	tract of real property that is an industrial property, including a
	342	+	tract that contains a refinery, processing facility, underground
	343	+	storage facility, electric station, industrial facility, power
	344	+	plant facility, or storage terminal.
	345	+	Sec. 21.033. NOTICE OF PROPERTY OWNER INFORMATION MEETING.
	346	+	(a) A private entity shall, before or at the same time that the
	347	+	entity makes an initial offer as required under Section 21.0113,
	348	+	provide a written notice advising the property owner of:
	349	+	(1) the property owner's right to participate in a
	350	+	meeting to discuss the proposed project, including:
	351	+	(A) if the project is a pipeline, the substances,
248	352		products, materials, installations, and structures the private
249	353		entity intends to transport through, use for, or build as part of
250	354		the project; and
251		-	(2) any regulatory filings for the project existing at
252		-	that time, if any, as to the regulatory classification of the
253		-	project.
254		-	(b) The private entity shall send the notice to:
	355	+	(B) any regulatory filings for the project; and
	356	+	(2) the date, time, and location of the meeting.
	357	+	(b) The private entity shall send the meeting notice to:
255	358		(1) the property owner listed for the property on the
256	359		most recent tax roll for a taxing unit with authority to levy an ad
257		-	valorem tax on the property at the address for the property owner
258		-	listed on the tax roll; or
	360	+	valorem tax on the property; or
259	361		(2) the address for the property listed on the tax roll
260	362		described by Subdivision (1).
261		-	Sec. 21.0331. PREREQUISITE FOR PROPERTY OWNER MEETING. (a)
262		-	A private entity is required to hold a property owner information
263		-	meeting under Section 21.034 for a segment or section of a proposed
264		-	project route, as described by Section 21.034(a), only if at least
265		-	25 percent of property owners of property in the segment or section
266		-	who are entitled to notice under Section 21.033 submit a request for
267		-	the meeting as provided by Subsection (b).
268		-	(b) A property owner request for a meeting under Section
269		-	21.034 must be:
270		-	(1) in writing; and
271		-	(2) received by the private entity not later than the
272		-	14th day after the date of the notice provided to the property owner
273		-	under Section 21.033.
274		-	Sec. 21.0332. NOTICE OF PROPERTY OWNER INFORMATION MEETING.
275		-	A private entity required under Section 21.0331 to hold a property
276		-	owner information meeting for a segment or section of a proposed
277		-	project route, as described by Section 21.034(a), shall send notice
278		-	to each property owner of property in the segment or section of the
279		-	date, time, and location of the meeting.
280		-	Sec. 21.034. PROPERTY OWNER INFORMATION MEETING. (a) If
281		-	required under Section 21.0331(a), a private entity shall hold:
282		-	(1) for a proposed project that is equal to or less
283		-	than 100 miles in length, at least one meeting for each contiguous
284		-	linear section of the project, as designated by the private entity;
285		-	and
286		-	(2) for a proposed project that is more than 100 miles
287		-	in length, at least one meeting for each segment of the project, as
288		-	designated by the private entity and not to exceed 100 miles in
289		-	length.
290		-	(b) The private entity shall hold a meeting under Subsection
291		-	(a) in a centrally located public location:
	363	+	(c) The private entity shall also send the meeting notice
	364	+	to:
	365	+	(1) any other address that the private entity has for
	366	+	the property owner; and
	367	+	(2) each county judge of a county in which all or part
	368	+	of the project section or segment for which the meeting is to be
	369	+	held is located.
	370	+	(d) If a pipeline involves fewer than 25 separate and
	371	+	unaffiliated property owners, the private entity shall provide
	372	+	notice to the property owners in the manner prescribed by this
	373	+	section that a property owner may request a meeting with the private
	374	+	entity to receive the information required to be presented by a
	375	+	private entity under Section 21.037. If a property owner requests a
	376	+	meeting, the private entity shall hold the meeting not later than
	377	+	the 30th day after the date the private entity sent the notice to
	378	+	the property owner.
	379	+	Sec. 21.034. PROPERTY OWNER INFORMATION MEETING. (a) For
	380	+	each contiguous linear section of a proposed project route that is
	381	+	equal to or less than 100 miles in length, the private entity shall
	382	+	hold a group property owner meeting. For a project that exceeds 100
	383	+	miles in length, the private entity shall hold at least one separate
	384	+	meeting for each 100-mile segment.
	385	+	(b) The private entity shall hold a meeting required under
	386	+	Subsection (a) in a centrally located public location:
292	387		(1) appropriate to the size and nature of the meeting;
293	388		and
294		-	(2) as convenient as practicable to the majority of
295		-	the tracts of real property affected by the project section or
296		-	segment for which the meeting is held.
	389	+	(2) as convenient as possible to the majority of
	390	+	property owners affected by the project or project segment for
	391	+	which the meeting is required.
	392	+	(c) The private entity shall hold the meeting in a location
	393	+	the travel distance to which is 50 miles or less for the majority of
	394	+	property owners who reside on property being acquired for the
	395	+	project section or segment for which the meeting is to be held.
	396	+	(d) A meeting required under Subsection (a) may not be
	397	+	scheduled to begin earlier than 5:30 p.m.
	398	+	(e) A meeting required under Subsection (a) may not be held
	399	+	before the private entity sends at least 25 percent of the initial
	400	+	offers required by Section 21.0113.
297	401		Sec. 21.035. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER
298	402		INFORMATION MEETING. (a) In addition to the property owner and
299	403		the private entity representatives, the following individuals may
300	404		attend a meeting held under Section 21.034:
301	405		(1) an invited relative of the property owner who is
302	406		related to the property owner within the third degree by
303	407		consanguinity or affinity, as determined under Chapter 573,
304	408		Government Code;
305	409		(2) an attorney or licensed appraiser representing the
306	410		property owner;
307	411		(3) an employee or a lessee of the property owner that
308		-	has direct knowledge of the property; or
	412	+	has direct knowledge of the property;
309	413		(4) an employee of an entity with whom the property
310		-	owner has contracted for services to manage the property.
	414	+	owner has contracted for services to manage the property; or
	415	+	(5) a county judge of a county in which all or part of
	416	+	the project section or segment for which the meeting is held is
	417	+	located.
311	418		(b) A private entity may include in the notice required by
312		-	Section 21.0332 a requirement that the property owner, not later
313		-	than five days before the date of the meeting:
314		-	(1) notify the private entity that the property owner
315		-	intends to attend the meeting; and
316		-	(2) identify persons described by Subsections
317		-	(a)(1)-(4) who intend to attend the meeting.
	419	+	Section 21.033 a requirement that the property owner identify
	420	+	persons described by Subsections (a)(1)-(4) who intend to attend
	421	+	the meeting not later than two days before the date of the meeting.
318	422		(c) The number of attendees under Subsections (a)(1)-(4)
319	423		may not exceed five individuals for each separate tract of
320	424		property.
321		-	(d) The private entity may:
322		-	(1) require attendees to:
323		-	(A) provide one form of government-issued photo
324		-	identification; and
325		-	(B) complete a registration form that includes
326		-	contact information; and
327		-	(2) exclude from the meeting:
328		-	(A) any person who does not provide at least one
329		-	form of government-issued photo identification or complete a
330		-	registration form, if required by the private entity as provided
331		-	under Subdivision (1); and
332		-	(B) any person described by Subsections
333		-	(a)(1)-(4) who is not timely identified to the private entity, if
334		-	required by the private entity as provided under Subsection (b).
	425	+	(d) The private entity may require attendees to provide
	426	+	identification and complete a registration form that includes
	427	+	contact information.
335	428		(e) The private entity may take reasonable steps to maintain
336	429		safety and decorum at the meeting, including expelling attendees
337		-	who do not meet the requirements of this subchapter or who disrupt
338		-	the meeting.
339		-	(f) Notwithstanding Subsection (b)(1), the private entity
340		-	may not deny entry to a property owner who provides proper
341		-	identification and completes a registration form, if required by
342		-	the private entity as provided under Subsection (d)(1).
	430	+	who do not meet the requirements of this subchapter.
	431	+	(f) The private entity may not deny entry to a property
	432	+	owner who provides proper identification.
343	433		Sec. 21.036. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One
344	434		or more representatives designated by the private entity shall:
345		-	(1) attend each meeting held under Section 21.034; and
346		-	(2) participate in those meetings as described by
347		-	Section 21.037.
348		-	Sec. 21.037. PROPERTY OWNER INFORMATION MEETING AGENDA. At
349		-	a meeting held under Section 21.034:
350		-	(1) the private entity shall present an agenda; and
351		-	(2) attendees of the meeting may ask questions of and
352		-	make comments to a representative of the private entity regarding:
	435	+	(1) attend each meeting required by Section 21.034;
	436	+	and
	437	+	(2) participate in those meetings in the manner
	438	+	prescribed by Section 21.037.
	439	+	Sec. 21.037. PROPERTY OWNER INFORMATION MEETING AGENDA.
	440	+	(a) At a meeting held under Section 21.034:
	441	+	(1) the private entity shall present:
	442	+	(A) the information contained in the landowner's
	443	+	bill of rights statement required to be provided to a property owner
	444	+	under Section 21.0112;
	445	+	(B) a description of the public use for which the
	446	+	entity wants to acquire the real property;
	447	+	(C) the terms required under Section 21.0114 to
	448	+	be included in a deed, easement, agreement, or other instrument of
	449	+	conveyance provided by the entity to the property owner;
	450	+	(D) a description of the method and factors used
	451	+	by the entity to determine the entity's initial offer, including:
	452	+	(i) how damages to remaining property, if
	453	+	any, were evaluated; or
	454	+	(ii) the name of the person who prepared the
	455	+	appraisal report, comparative market analysis, broker price
	456	+	opinion, or market study required under Section 21.0113(c);
	457	+	(E) a description of the private entity's
	458	+	regulatory filings related to the project;
	459	+	(F) the basis for the private entity's exercise
	460	+	of eminent domain authority for the project; and
	461	+	(G) the name and contact information, as known at
	462	+	the time of the meeting, of any third-party contractor to be used by
	463	+	the entity to acquire the land or undertake the project; and
	464	+	(2) any person who is an authorized attendee of the
	465	+	meeting must be given an opportunity at the meeting to ask questions
	466	+	and make comments regarding:
353	467		(A) the rights of the property owners;
354	468		(B) the proposed public use for which the real
355	469		property is to be acquired; and
356	470		(C) any terms required under Section 21.0114 to
357	471		be included in a deed, easement, agreement, or other instrument of
358	472		conveyance provided by the private entity to a property owner.
359		-	Sec. 21.038. PROCEDURES FOR CERTAIN PRIVATE ENTITIES
	473	+	(b) On request, a private entity shall provide, in written
	474	+	or electronic form, the materials presented by the private entity
	475	+	at the meeting to a property owner who could not attend the meeting.
	476	+	Sec. 21.038. CONTACT AFTER PROPERTY OWNER INFORMATION
	477	+	MEETING. A private entity that holds a meeting under Section 21.034
	478	+	may not contact a property owner for three days following the date
	479	+	of the meeting. Nothing in this section precludes:
	480	+	(1) a property owner or an individual allowed to
	481	+	attend a meeting held under Section 21.034 from contacting the
	482	+	private entity at any time; or
	483	+	(2) the private entity from engaging in discussions
	484	+	with a person described by Subdivision (1) after that person
	485	+	contacts the entity.
	486	+	Sec. 21.039. PROCEDURES AFTER PROJECT RE-ROUTE. If any
	487	+	part of the project is re-routed after any meeting is held under
	488	+	Section 21.034, the private entity shall, with respect to that
	489	+	re-route only, comply with the provisions of this subchapter with
	490	+	respect to tracts along the re-route.
	491	+	Sec. 21.0391. PRIVATE ENTITY NONCOMPLIANCE. (a) A private
	492	+	entity subject to this subchapter may not proceed with a special
	493	+	commissioners' hearing against a property owner unless the private
	494	+	entity has held a meeting required under this subchapter.
	495	+	(b) If a court hearing a suit under this chapter determines
	496	+	that a private entity did not comply with the applicable provisions
	497	+	of this subchapter, the court shall:
	498	+	(1) abate any condemnation proceeding filed by the
	499	+	private entity until the private entity has complied with this
	500	+	subchapter;
	501	+	(2) order the private entity to comply with the
	502	+	applicable provisions of this subchapter; and
	503	+	(3) order the private entity to pay:
	504	+	(A) all costs of the proceeding; and
	505	+	(B) any reasonable attorney's fees and other
	506	+	professional fees incurred by the property owner that are directly
	507	+	related to the entity's failure to comply with the applicable
	508	+	provisions of this subchapter.
	509	+	(c) A condemnation proceeding that is abated under this
	510	+	section may proceed after a court finds that the private entity has
	511	+	complied with the applicable provisions of this subchapter.
	512	+	Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES
360	513		SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This
361	514		section applies only to a private entity that proposes to exercise
362	515		the power of eminent domain to construct an electric transmission
363	516		line and is subject to the authority of the Public Utility
364	517		Commission of Texas under Chapter 37, Utilities Code.
365		-	(b) At a meeting required by the Public Utility Commission
366		-	of Texas to be conducted by a private entity to which this section
367		-	applies in connection with an electric transmission line project:
368		-	(1) the private entity shall present an agenda; and
369		-	(2) attendees of the meeting may ask questions of and
370		-	make comments to a representative of the private entity regarding:
371		-	(A) the rights of the property owners;
372		-	(B) the proposed public use for which the real
373		-	property is to be acquired; and
374		-	(C) any terms required under Section 21.0114 to
	518	+	(b) A private entity to which this section applies and that
	519	+	is required by the Public Utility Commission of Texas to conduct a
	520	+	public meeting in connection with the electric transmission line
	521	+	project shall present at the meeting:
	522	+	(1) the information contained in the landowner's bill
	523	+	of rights required to be provided to a property owner under Section
	524	+	21.0112;
	525	+	(2) the terms required under Section 21.0114 to be
	526	+	included in a deed, easement, agreement, or other instrument of
	527	+	conveyance provided by the entity to the property owner;
	528	+	(3) the name and contact information of any
	529	+	third-party contractor or right-of-way agent that will contact a
	530	+	property owner or seek access to the property owner's property in
	531	+	connection with the project, to the extent available;
	532	+	(4) the name and contact information, including direct
	533	+	telephone number and e-mail address, for an agent or employee of the
	534	+	entity with authority to answer questions about the electric
	535	+	transmission line project;
	536	+	(5) the method for calculating the value of the
	537	+	property being acquired by the entity and the damages, if any, to
	538	+	the property owner's remaining property, as part of the entity's
	539	+	initial offer to a property owner; and
	540	+	(6) a detailed summary of procedures for right-of-way
	541	+	acquisition after the route for the electric transmission line has
	542	+	been selected.
	543	+	(c) The private entity must give property owners the
	544	+	opportunity to ask the entity questions regarding eminent domain
	545	+	and right-of-way acquisition at the meeting.
	546	+	(d) After the Public Utility Commission of Texas adopts a
	547	+	route for the electric transmission line, the entity shall provide
	548	+	by letter to each property owner on the route:
	549	+	(1) a copy of the entity's draft easement form
	550	+	containing a statement of the terms required by Section 21.0114 to
375	551		be included in a deed, easement, agreement, or other instrument of
376		-	conveyance provided by the private entity to a property owner.
377		-	Sec. 21.039. PRIVATE ENTITY NONCOMPLIANCE. A condemnation
378		-	proceeding may not be abated, dismissed, or delayed because a
379		-	private entity does not comply with Section 21.0331, 21.0332,
380		-	21.034, 21.035, 21.036, 21.037, or 21.038.
381		-	SECTION 8. Section 21.047, Property Code, is amended by
382		-	adding Subsection (e) to read as follows:
383		-	(e) An abatement under Subsection (d) continues only until
384		-	the condemnor makes a bona fide offer under Section 21.0113.
385		-	SECTION 9. Chapter 21, Property Code, is amended by adding
386		-	Subchapters F and G to read as follows:
387		-	SUBCHAPTER F. EFFECTS OF CERTAIN CHANGES TO PROPERTY USE
388		-	Sec. 21.151. CHANGE OF USE. The temporary removal of land
389		-	from timber, agriculture, or open space usage due to construction
390		-	in a right of way or easement under threat of eminent domain is not a
391		-	change of use as that term is used for purposes of property
392		-	taxation.
393		-	SUBCHAPTER G. MORATORIUM ON CERTAIN LEGISLATIVE ACTS
394		-	Sec. 21.201. MORATORIUM. (a) Except as provided by
395		-	Subsection (b), the legislature will not add a provision to or amend
396		-	or repeal a provision of this chapter during the period beginning
397		-	January 1, 2020, and ending December 31, 2030, or enact, amend, or
398		-	repeal other laws during that period concerning procedures for,
399		-	prerequisites to, or damages available in connection with the
400		-	acquisition of property for a public use by an entity with eminent
401		-	domain authority.
402		-	(b) Subsection (a) does not apply to:
403		-	(1) a provision regarding high-speed rail, as defined
404		-	by Section 112.201, Transportation Code;
405		-	(2) an amendment stakeholders agree is necessary to
406		-	give effect to or correct an existing provision;
407		-	(3) an amendment in response to a final and
408		-	unappealable judgment or order of a state or federal court; or
409		-	(4) a nonsubstantive addition to, revision of, or
410		-	correction in an enacted code or other law.
411		-	Sec. 21.202. EXPIRATION OF SUBCHAPTER. This subchapter
412		-	expires December 31, 2030.
413		-	SECTION 10. If any provision of this Act or its application
414		-	to any person or circumstance is finally held to be
415		-	unconstitutional, the entire Act is invalid, and to this end the
416		-	provisions of this Act are declared to be nonseverable.
417		-	SECTION 11. (a) Notwithstanding Subsections (b), (c), and
418		-	(d) of this section, Sections 21.014(a), 21.015(a), and 21.016(d),
419		-	Property Code, as amended by this Act, and Section 21.0161,
420		-	Property Code, as added by this Act, apply to a condemnation
421		-	proceeding commenced on or after the effective date of this Act. A
422		-	condemnation proceeding commenced before the effective date of this
423		-	Act is governed by the law applicable to the condemnation
424		-	proceeding immediately before the effective date of this Act, and
	552	+	conveyance provided by the entity to the property owner;
	553	+	(2) an explanation of the initial offer process and
	554	+	the basis for calculating the value of the property being acquired
	555	+	by the entity and the damages, if any, to the property owner's
	556	+	remaining property as part of the initial offer required by Section
	557	+	21.0113;
	558	+	(3) a statement of the property owner's right under
	559	+	Section 21.0113 to receive a copy of the written appraisal with the
	560	+	final offer, if a copy of the written appraisal has not previously
	561	+	been provided to the property owner by the entity;
	562	+	(4) an explanation of the negotiation process,
	563	+	including the name and contact information of any right-of-way
	564	+	agent who will be participating in the process; and
	565	+	(5) the name and contact information, including the
	566	+	direct telephone number and e-mail address, for an agent or
	567	+	employee of the entity with authority to answer questions about the
	568	+	electric transmission line project.
	569	+	(e) On request, a private entity shall provide, in written
	570	+	or electronic form, the materials presented by the private entity
	571	+	at the meeting to a property owner who could not attend the meeting.
	572	+	SECTION 6. Section 21.042, Property Code, is amended by
	573	+	adding Subsection (d-1) to read as follows:
	574	+	(d-1) In estimating injury or benefit under Subsection (c)
	575	+	in a condemnation proceeding relating to the acquisition of real
	576	+	property by a private entity as defined by Section 21.031 for a
	577	+	pipeline or electric transmission project, the special
	578	+	commissioners shall consider, in addition to the considerations
	579	+	required under Subsection (d), an injury or benefit to the
	580	+	remaining property as a result of:
	581	+	(1) the characteristics, size, or visibility of any
	582	+	infrastructure on the condemned property;
	583	+	(2) any limitation of future expansion of the
	584	+	remaining property; and
	585	+	(3) terms of the easement acquired in connection with,
	586	+	or the alignment of an easement in connection with, the
	587	+	condemnation.
	588	+	SECTION 7. (a) Except as provided by Subsection (b) of this
	589	+	section, the changes in law made by this Act apply only to the
	590	+	acquisition of real property in connection with an initial offer
	591	+	made under Chapter 21, Property Code, on or after the effective date
	592	+	of this Act. An acquisition of real property in connection with an
	593	+	initial offer made under Chapter 21, Property Code, before the
	594	+	effective date of this Act is governed by the law applicable to the
	595	+	acquisition immediately before the effective date of this Act, and
425	596		that law is continued in effect for that purpose.
426		-	(b) Except as provided by Subsections (a) and (c) of this
427		-	section, with respect to the acquisition of real property under
428		-	Chapter 21, Property Code, for a pipeline project:
429		-	(1) the changes in law made by this Act apply to a
430		-	pipeline for which an application for a permit to operate the
431		-	pipeline is filed with the Railroad Commission of Texas or a
432		-	successor agency on or after the effective date of this Act; and
433		-	(2) a pipeline for which an application for a permit to
434		-	operate the pipeline is filed with the Railroad Commission of Texas
435		-	before the effective date of this Act is governed by the law
436		-	applicable to the acquisition immediately before the effective date
437		-	of this Act, and that law is continued in effect for that purpose.
438		-	(c) Notwithstanding Subsection (b) of this section, the
439		-	changes in law made by this Act apply to a pipeline project for
440		-	which an application for a permit to operate the pipeline is filed
441		-	with the Railroad Commission of Texas on or after September 1, 2019,
442		-	and before the effective date of this Act, unless a written survey
443		-	request is provided to a property owner on the proposed route of the
444		-	project not later than the 90th day after the date the application
445		-	is filed.
446		-	(d) Except as provided by Subsection (a) of this section,
447		-	with respect to the acquisition of real property under Chapter 21,
448		-	Property Code, for an electric transmission project:
449		-	(1) the changes in law made by this Act apply to an
450		-	electric transmission project for which an initial offer is made on
451		-	or after the effective date of this Act; and
452		-	(2) an electric transmission project for which an
453		-	initial offer is made before the effective date of this Act is
454		-	governed by the law applicable to the acquisition immediately
455		-	before the effective date of this Act, and that law is continued in
456		-	effect for that purpose.
457		-	SECTION 12. This Act takes effect January 1, 2020.
	597	+	(b) Section 21.0392, Property Code, as added by this Act,
	598	+	applies only to a public meeting required under Chapter 37,
	599	+	Utilities Code, held on or after the effective date of this Act.
	600	+	SECTION 8. This Act takes effect September 1, 2019.