Texas 2021 - 87th Regular

Texas House Bill HB4107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4107
	1	+	By: Burrows H.B. No. 4107
	2	+	(Senate Sponsor - Kolkhorst, Hall, Schwertner)
	3	+	(In the Senate - Received from the House May 17, 2021;
	4	+	May 17, 2021, read first time and referred to Committee on State
	5	+	Affairs; May 21, 2021, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the notice of entry for the purpose of exercising the
6	13		power of eminent domain by a common carrier pipeline.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 111.019, Natural Resources Code, is
9	16		amended by adding Subsections (d), (e), (f), and (g) to read as
10	17		follows:
11	18		(d) Before entering property for the purpose of making a
12	19		preliminary survey to be used in the exercise of the power of
13	20		eminent domain granted under this section, the common carrier or
14	21		its employees, contractors, agents, or assigns shall provide the
15	22		property owner with:
16	23		(1) written notice of the carrier's intent to enter the
17	24		property; and
18	25		(2) an indemnification provision in favor of the
19	26		property owner with respect to damages, if any, resulting from the
20	27		survey.
21	28		(e) Notice and indemnification provided under Subsection
22	29		(d):
23	30		(1) must be provided to the property owner not later
24	31		than the second day before the date of entry to the property;
25	32		(2) must include the phone number of a person whom the
26	33		property owner may contact regarding any questions or objections
27	34		the property owner has relating to the survey; and
28	35		(3) may be provided by first class mail, e-mail,
29	36		personal delivery to an adult living on the property, or by any
30	37		other method of service authorized by the Texas Rules of Civil
31	38		Procedure.
32	39		(f) Entry to property for which notice is provided under
33	40		Subsection (d) is subject to the conditions that the entry:
34	41		(1) is limited to only the portion of the property
35	42		that:
36	43		(A) is anticipated to be affected by:
37	44		(i) the route of the proposed pipeline; or
38	45		(ii) a proposed pipeline appurtenance; or
39	46		(B) must be accessed to conduct the survey,
40	47		including the property corners or property location monuments
41	48		necessary to identify the boundaries of the property;
42	49		(2) is limited to the purpose of conducting surveys;
43	50		(3) unless otherwise authorized by the property owner,
44	51		does not authorize the cutting, removal, or relocation of a fence
45	52		for the purpose of conducting the survey without the prompt
46	53		restoration or repair of the fence;
47	54		(4) requires the restoration of property to be as
48	55		close as reasonably possible to the original condition before
49	56		entry;
50	57		(5) requires all equipment and tools used in the
51	58		survey to be removed by a certain date; and
52	59		(6) requires that the property owner, on written
53	60		request, be provided, at no charge, a survey plat or depiction
54	61		gathered and prepared from information obtained from the survey.
55	62		(g) This section does not prevent an entity from seeking
56	63		survey access rights or seeking to prevent interference with those
57	64		rights in a civil action authorized under other law.
58	65		SECTION 2. The changes in law made by this Act to Section
59	66		111.019, Natural Resources Code, apply only to a condemnation
60	67		proceeding in which the petition is filed on or after the effective
61	68		date of this Act and to any property condemned through the
62	69		proceeding. A condemnation proceeding in which the petition is
63	70		filed before the effective date of this Act and any property
64	71		condemned through the proceeding are governed by the law in effect
65	72		immediately before that date, and that law is continued in effect
66	73		for that purpose.
67	74		SECTION 3. This Act takes effect September 1, 2021.
68		-	______________________________ ______________________________
69		-	President of the Senate Speaker of the House
70		-	I certify that H.B. No. 4107 was passed by the House on May
71		-	14, 2021, by the following vote: Yeas 127, Nays 1, 1 present, not
72		-	voting.
73		-	______________________________
74		-	Chief Clerk of the House
75		-	I certify that H.B. No. 4107 was passed by the Senate on May
76		-	24, 2021, by the following vote: Yeas 30, Nays 0.
77		-	______________________________
78		-	Secretary of the Senate
79		-	APPROVED: _____________________
80		-	Date
81		-	_____________________
82		-	Governor
	75	+	* * * * *