Texas 2021 - 87th Regular

Texas House Bill HB902 Compare Versions

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

Old	New	Differences
1	1	By: Burns H.B. No. 902
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the acquisition of real property by an entity with
7	7	eminent domain authority; requiring an occupational license;
8	8	authorizing a fee; providing a civil penalty; imposing a criminal
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. INFORMATION FOR LANDOWNERS
12	12	SECTION 1.01. Subchapter B, Chapter 402, Government Code,
13	13	is amended by adding Section 402.032 to read as follows:
14	14	Sec. 402.032. OMBUDSMAN FOR LANDOWNERS; LANDOWNER'S BILL OF
15	15	RIGHTS. (a) The attorney general shall establish an ombudsman
16	16	office within the office of the attorney general for the purpose of
17	17	providing information to landowners whose real property may be
18	18	acquired by a governmental or private entity through the use of the
19	19	entity's eminent domain authority. The attorney general shall
20	20	select the ombudsman.
21	21	(b) The ombudsman shall provide information to and answer
22	22	questions from landowners described by Subsection (a), through the
23	23	attorney general's Internet website and a toll-free telephone
24	24	number established by the ombudsman, regarding:
25	25	(1) the landowner's bill of rights prescribed by
26	26	Subsection (c); and
27	27	(2) the procedures for acquiring real property through
28	28	the use of eminent domain authority under Chapter 21, Property
29	29	Code, or other law.
30	30	(c) The attorney general shall provide notice by
31	31	publication to all counties in the State of Texas and shall make
32	32	available on the attorney general's Internet website a landowner's
33	33	bill of rights that is written in plain language designated to be
34	34	easily understood by the average property owner and to read as
35	35	follows:
36	36	TEXAS LANDOWNER'S BILL OF RIGHTS
37	37	The Texas Constitution gives state and local governments and
38	38	some private entities, such as utility or pipeline entities, the
39	39	legal authority to acquire private property, or a partial interest
40	40	in private property, for public use. This authority is called the
41	41	power of eminent domain.
42	42	In most instances, the power of eminent domain is used to
43	43	acquire property to build large infrastructure projects that
44	44	benefit all Texans, such as highways and roads, power lines, water,
45	45	oil and other common carrier pipelines, and gas utility pipelines,
46	46	and flood control projects. The Texas Constitution does not allow
47	47	an entity to use the power of eminent domain exclusively, for
48	48	private purposes, such as for real estate development or other
49	49	economic purposes. Entities authorized by law to exercise the
50	50	power of eminent domain must do so by following detailed procedures
51	51	found in Chapter 21 of the Texas Property Code or other Texas law.
52	52	An entity that wants to acquire your property for public use must
53	53	compensate you for it.
54	54	Private property rights are cherished by all Texas
55	55	landowners, and your rights are protected by the Texas Constitution
56	56	and the laws that govern the use of the power of eminent domain. If
57	57	you are approached by a public or private entity interested in
58	58	acquiring your property or an interest in your property for public
59	59	use, you should be aware not only of your legal rights, but also of
60	60	certain practical considerations that will help guide you in your
61	61	negotiations.
62	62	YOU HAVE A RIGHT TO ASK QUESTIONS. Who exactly wants the
63	63	property and what does that entity want to do with it? You have a
64	64	right to know the identity of the entity that wants to acquire all
65	65	or part of your property and what the entity plans to do with the
66	66	property.
67	67	DO NOT SIGN A DOCUMENT YOU DON'T UNDERSTAND. If you don't
68	68	understand what is in the document you are being asked to sign, seek
69	69	advice from a trusted source, such as a family member, a fellow
70	70	property owner who has dealt with a similar situation, a real estate
71	71	professional who can help evaluate the property being sought, or an
72	72	attorney who can help you navigate the eminent domain process, if
73	73	that becomes necessary.
74	74	KNOW YOUR LEGAL RIGHTS AND FAMILIARIZE YOURSELF WITH THE
75	75	PROCESS. An entity cannot acquire an interest in your property
76	76	without first providing you with a written offer to buy the
77	77	interest. You can expect to be given the financial basis for the
78	78	offer. You may also request an in-person, remote or telephonic
79	79	meeting with the acquiring entity to discuss the project. You
80	80	should receive the name and contact information of an employee of
81	81	the acquiring entity so you can ask questions.
82	82	NEGOTIATE WITH THE ACQUIRING ENTITY. In the vast majority of
83	83	property acquisitions, the property owner and the acquiring entity
84	84	come to a voluntary agreement on the amount of compensation to be
85	85	paid and, if only part of the property is acquired (most often as an
86	86	easement), on the terms under which the entity may use the property.
87	87	Keep in mind that an entity taking an easement or other partial
88	88	interest in the property will want to maintain a good long-term
89	89	relationship with you, so it is beneficial for both parties to talk
90	90	about all the concerns and come to a mutual understanding before
91	91	signing the agreement.
92	92	WHAT HAPPENS IF YOU CANNOT REACH AN AGREEMENT? In some cases,
93	93	the property owner and the acquiring entity simply can't come to an
94	94	agreement on the amount of compensation for the acquisition or the
95	95	terms of the instrument that grants the acquiring entity the
96	96	property rights it seeks to acquire. In any such case, a panel of
97	97	three local landowners (called "special commissioners") will be
98	98	appointed by a judge to decide how much compensation you are owed
99	99	for the property interest sought. The hearing is informal and does
100	100	not require you to have a lawyer or other expert, such as an
101	101	appraiser, but you are free to have one or both. The panel also
102	102	determines the amount of compensation for the reduction in value,
103	103	if any, to your remaining property as a result of the property
104	104	interest sought.
105	105	WHAT HAPPENS IF YOU STILL AREN'T SATISFIED? If you don't
106	106	believe the compensation awarded by the special commissioners is
107	107	adequate, of if you don't think the acquiring entity has the legal
108	108	authority to acquire the property, you may request a trial before a
109	109	judge or a jury of your peers. If you get to this point, it is
110	110	recommended that you engage a lawyer and probably an expert
111	111	appraiser to make your case. In a very small number of cases, there
112	112	may be a question about the acquiring entity's right to use eminent
113	113	domain in the first place. In that event, a court has to verify the
114	114	entity's authority to use eminent domain and determine whether the
115	115	project is for a "public use." If you disagree with the outcome in
116	116	the trial court, you can appeal the court's decision to a court of
117	117	appeals.
118	118	STILL HAVE QUESTIONS ABOUT THE EMINENT DOMAIN PROCESS? The
119	119	Office of the Attorney General has an Internet website at [insert
120	120	Internet website address] and a toll-free number [insert telephone
121	121	number] where you can learn more.
122	122	SECTION 1.02. Section 402.031, Government Code, is
123	123	repealed.
124	124	SECTION 1.03. Not later than January 1, 2022, the office of
125	125	the attorney general shall:
126	126	(1) make the landowner's bill of rights statement
127	127	provided by Section 402.032, Government Code, as added by this Act,
128	128	available on the attorney general's Internet website; and
129	129	(2) establish an ombudsman office for landowners as
130	130	required by Section 402.032, Government Code, as added by this Act.
131	131	ARTICLE 2. ELIGIBILITY FOR RIGHT-OF-WAY AGENT CERTIFICATION
132	132	SECTION 2.01. Section 1101.502(a), Occupations Code, is
133	133	amended to read as follows:
134	134	Sec. 1101.502. ELIGIBILITY REQUIREMENTS FOR CERTIFICATE.
135	135	(a) To be eligible to receive a certificate of registration or a
136	136	renewal certificate under this subchapter, a person must [be]:
137	137	(1) be at least 18 years of age; [and]
138	138	(2) be a citizen of the United States or a lawfully
139	139	admitted alien; and
140	140	(3) successfully complete the required courses of
141	141	study, including qualifying or continuing education requirements,
142	142	prescribed by this subchapter.
143	143	SECTION 2.02. Section 1101.508, Occupations Code, is added
144	144	to read as follows:
145	145	Sec. 1101.508. PROBATIONARY CERTIFICATE. (a) The
146	146	commission may issue a probationary certificate.
147	147	(b) The commission by rule shall adopt reasonable terms for
148	148	issuing a probationary certificate.
149	149	SECTION 2.03. Section 1101.509, Occupations Code, is added
150	150	to read as follows:
151	151	Sec. 1101.509. QUALIFYING AND CONTINUING EDUCATION
152	152	REQUIREMENTS. (a) The commission by rule shall approve coursework
153	153	that an applicant must successfully complete to be eligible for a
154	154	certification or renewal certification under this subchapter.
155	155	(b) An applicant for a certification or renewal
156	156	certification shall submit evidence satisfactory to the commission
157	157	that the applicant has successfully completed at least 16 classroom
158	158	hours of coursework every two years approved by the commission in:
159	159	(1) the law of eminent domain, including the rights of
160	160	property owners;
161	161	(2) appropriate standards of professionalism in
162	162	contacting and conducting negotiations with property owners; and
163	163	(3) ethical considerations in the performance of
164	164	right-of-way acquisition services.
165	165	SECTION 2.04. Section 1101.653, Occupations Code, is
166	166	amended to read as follows:
167	167	Sec. 1101.653. GROUNDS FOR SUSPENSION OR REVOCATION OF
168	168	CERTIFICATE. The commission may suspend or revoke a certificate of
169	169	registration issued under this chapter if the certificate holder:
170	170	(1) engages in dishonest dealing, fraud, unlawful
171	171	discrimination, or a deceptive act;
172	172	(2) makes a misrepresentation;
173	173	(3) acts in bad faith;
174	174	(4) demonstrates untrustworthiness;
175	175	(5) fails to honor, within a reasonable time, a check
176	176	issued to the commission after the commission has mailed a request
177	177	for payment to the certificate holder's last known address
178	178	according to the commission's records;
179	179	(6) fails to provide to a party to a transaction a
180	180	written notice prescribed by the commission that:
181	181	(A) must be given before the party is obligated
182	182	to sell, buy, lease, or transfer a right-of-way or easement; and
183	183	(B) contains:
184	184	(i) the name of the certificate holder;
185	185	(ii) the certificate number;
186	186	(iii) the name of the person the
187	187	certificate holder represents;
188	188	(iv) a statement advising the party that
189	189	the party may seek representation from a lawyer or broker in the
190	190	transaction; and
191	191	(v) a statement generally advising the
192	192	party that the right-of-way or easement may affect the value of the
193	193	property;
194	194	(7) directly or indirectly, takes a financial
195	195	incentive to make an initial offer that the certificate holder
196	196	knows or should have known is lower than the just and reasonable
197	197	compensation required under the Texas Constitution; or
198	198	(7) (8) disregards or violates this chapter or a
199	199	commission rule relating to certificate holders. SECTION 2.05. Not
200	200	later than December 1, 2021, the Texas Real Estate Commission shall
201	201	adopt rules necessary to implement the changes in law made by this
202	202	Act to Chapters 1101, Occupations Code.
203	203	SECTION 2.06. Chapter 1101, Occupations Code, as amended by
204	204	this Act, apply only to an original or renewal certificate of
205	205	registration as an easement or right-of-way agent for which an
206	206	application was submitted on or after January 1, 2022. An original
207	207	or renewal certificate of registration as an easement or
208	208	right-of-way agent for which an application was submitted before
209	209	January 1, 2022, is governed by the law in effect on the date the
210	210	application was submitted, and the former law is continued in
211	211	effect for that purpose. An applicant for an original easement or
212	212	right of way agent certificate of registration submitted on or
213	213	after January 1, 2022 will have until January 1, 2024 to complete
214	214	the educational requirements under Chapter 1101.
215	215	ARTICLE 3. EXERCISE OF EMINENT DOMAIN AUTHORITY
216	216	SECTION 3.01. Section 21.0112(a), Property Code, is amended
217	217	to read as follows:
218	218	(a) An [Not later than the seventh day before the date a
219	219	governmental or private entity with eminent domain authority makes
220	220	a final offer to a property owner to acquire real property, the
221	221	entity must send by first class mail or otherwise provide a
222	222	landowner's bill of rights statement provided by Section 402.031,
223	223	Government Code, to the last known address of the person in whose
224	224	name the property is listed the most recent tax roll of any
225	225	appropriate taxing unit authorized by law to levy property taxes
226	226	against the property. In addition to the other requirements of this
227	227	subsection, an] entity with eminent domain authority shall provide
228	228	a copy of the landowner's bill of rights statement prescribed by
229	229	Section 402.032, Government Code, to a landowner at or before the
230	230	first in-person contact unless the entity expressly states, at that
231	231	time, it will not seek to file a petition under this chapter before
232	232	or at the same time as the entity first represents in any manner to
233	233	the landowner that the entity asserts, intends to assert, or
234	234	possesses eminent domain authority to acquire the landowner's
235	235	property for public use
236	236	in-person contact does not include contact conducted by telephonic
237	237	or video-conferencing.
238	238	SECTION 3.02. Section 21.0113, Property Code, is amended by
239	239	amending Subsection (b) to read as follows:
240	240	(b) An entity with eminent domain authority has made a bona
241	241	fide offer if:
242	242	(1) an initial offer is made in writing to a property
243	243	owner that includes:
244	244	(A) a copy of the landowner's bill of rights
245	245	statement prescribed by Section 402.032, Government Code, unless
246	246	the entity has previously provided a copy of the statement to the
247	247	property owner;
248	248	(B) an offer of compensation in an amount equal
249	249	to or greater than one of the following:
250	250	(i) the market value of the property rights
251	251	sought to be acquired, based on an appraisal of the property
252	252	prepared by a certified general appraiser licensed under Chapter
253	253	1103, Occupations Code;
254	254	(ii) the estimated price or market value of
255	255	the property rights sought to be acquired based on data for at least
256	256	three comparable arm's-length sales of a property;
257	257	(iii) the estimated price or market value
258	258	of the property rights sought to be acquired based on a comparative
259	259	market analysis prepared by a real estate broker licensed under
260	260	Chapter 1101, Occupations Code, or a certified general appraiser
261	261	licensed under Chapter 1103, Occupations Code;
262	262	(iv) the estimated price of the property
263	263	rights sought to be acquired based on a broker price opinion
264	264	prepared by a real estate broker licensed under Chapter 1101,
265	265	Occupations Code;
266	266	(v) the estimated market value of the
267	267	property rights sought to be acquired based on a market study
268	268	prepared by a real estate broker licensed under Chapter 1101,
269	269	Occupations Code, or a certified general appraiser licensed under
270	270	Chapter 1103, Occupations Code; or
271	271	(vi) 150 percent of the per acre value for
272	272	each acre or part of an acre sought to be acquired, based on the
273	273	total land value for the whole property out of which the property
274	274	rights are sought to be acquired, as reflected in the most recent
275	275	tax rolls of the central appraisal district in which the property is
276	276	located;
277	277	(C) as applicable, the complete written report,
278	278	as prepared by the certified appraiser or real estate broker, that
279	279	forms the basis for the amount of the offer of compensation under
280	280	Paragraph(B)(i), (iii), or (iv) or a brief written summary that
281	281	forms the basis for the amount of the offer of compensation under
282	282	Paragraph(B)(ii), (v), or (vi);
283	283	(D) an instrument of conveyance in accordance
284	284	with Section 21.0114, as applicable; and
285	285	(E) the name and telephone number of a
286	286	representative of the entity. Representative is defined as:
287	287	(i) an employee of the entity;
288	288	(ii) an employee of an affiliate providing
289	289	services on behalf of the entity;
290	290	(iii) the legal representative; or
291	291	(iv) in the case of an entity without
292	292	employees, an individual designated to represent the day-to-day
293	293	operations of the entity;
294	294	(2) the entity satisfies the requirements of
295	295	Subchapter B-1, as applicable;
296	296	(3) [(2)] a final offer is made in writing to the
297	297	property owner;
298	298	(4) [(3)] the final offer is made on or after the 30th
299	299	day after the date on which the entity makes a written initial offer
300	300	to the property owner;
301	301	(5) [(4)] before making a final offer, the entity
302	302	obtains a written appraisal report from a certified appraiser of
303	303	the value of the property rights being acquired and the damages, if
304	304	any, to any of the property owner's remaining property;
305	305	(6) [(5)] the final offer is equal to or greater than
306	306	the amount of the written appraisal report obtained by the entity;
307	307	(7) [(6)] the following items are included with the
308	308	final offer or have been previously provided to the owner by the
309	309	entity:
310	310	(A) a copy of the written appraisal report;
311	311	(B) a copy of the deed, easement, or other
312	312	instrument conveying the property sought to be acquired; and
313	313	(C) the landowner's bill of rights statement
314	314	required [prescribed] by Section 21.0112; and
315	315	(8) [(7)] the entity provides the property owner with
316	316	at least 14 days to respond to the final offer and the property
317	317	owner does not agree to the terms of the final offer within that
318	318	period.
319	319	SECTION 3.03. Subchapter B, Chapter 21, Property Code, is
320	320	amended by adding Section 21.0114 to read as follows:
321	321	Sec. 21.0114. TERMS REQUIRED FOR INSTRUMENT OF CONVEYANCE
322	322	OF EASEMENT. (a) Except as provided by Subsection (b), an
323	323	instrument of conveyance of an easement, that does not relate to an
324	324	oil, natural gas, oil product, or liquidified mineral pipeline,
325	325	provided to a property owner under Section 21.0113 must include the
326	326	following terms:
327	327	(1) the name of the grantor;
328	328	(2) the name of grantee;
329	329	(3) a description of the purpose of the easement;
330	330	(4) a description or illustration of the location of
331	331	the easement, including a metes and bounds or centerline
332	332	description, plat, or aerial or other map-based depiction of the
333	333	location of the easement on the property;
334	334	(5) a description of the types of improvements that
335	335	may be placed by the grantee within the easement, including whether
336	336	the type of improvement would be above or below the existing surface
337	337	of the land;
338	338	(6) a provision regarding the grantee's right, if any,
339	339	to install future improvements within the easement and to
340	340	reconstruct, remove, replace, or repair any grantee improvements;
341	341	(7) a provision regarding the grantor's retained
342	342	rights to use the land, if any;
343	343	(8) a provision regarding the grantor's right, if any,
344	344	to actual monetary damages for claims arising from the construction
345	345	and installation of each improvement to be installed in, on, or
346	346	under the easement, or a statement that the consideration for the
347	347	easement includes any monetary damages arising from the
348	348	construction and installation of each improvement to be installed
349	349	in, on, or under the easement;
350	350	(9) a provision regarding the grantor's right after
351	351	initial construction and installation of each improvement to be
352	352	installed in, on, or under the easement to actual monetary damages
353	353	arising from the repair, maintenance, inspection, replacement,
354	354	operation, or removal of each improvement to be installed in, on, or
355	355	under the easement or a statement that the consideration for the
356	356	easement includes any monetary damages arising from the repair,
357	357	maintenance, inspection, replacement, operation, or removal of
358	358	each improvement to be installed in, on, or under the easement;
359	359	(10) a provision regarding:
360	360	(A) the repair and restoration, to the extent
361	361	reasonably practicable, of areas used or damaged by the grantee
362	362	outside the easement area to substantially the same condition as
363	363	the original condition or better; or
364	364	(B) the payment of actual monetary damages for
365	365	areas not restored; and
366	366	(11) a provision describing the grantee's rights of
367	367	ingress, egress, entry, and access on, to, over, and across the
368	368	easement and the grantor's adjoining property.
369	369	(b) An instrument of conveyance of an easement provided to a
370	370	property owner under Section 21.0113, that relates to an oil,
371	371	natural gas, oil product, or liquidified mineral pipeline, must
372	372	include the following, in substantial form and content:
373	373	NOTICE OF CONFIDENTIALITY RIGHTS: YOU MAY REMOVE OR STRIKE
374	374	ANY OR ALL OF YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
375	375	NUMBER FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE
376	376	PUBLIC RECORDS.
377	377	PERMANENT EASEMENT AGREEMENT
378	378	This Permanent Easement Agreement (the "Agreement") is by and
379	379	between [Name in Bold], whose address is
380	380	[insert Address NO Abbreviations], (hereinafter referred to as
381	381	"Grantor", whether one or more) and , with offices at
382	382	, and its successors and assigns (such entity and its
383	383	successors and assigns are collectively referred to as the
384	384	"Grantee"). For the consideration of TEN AND NO/100 Dollars
385	385	($10.00) and other good and valuable consideration, the receipt and
386	386	sufficiency of which are hereby acknowledged, Grantor does hereby
387	387	GRANT, BARGAIN, SELL, and CONVEY unto Grantee a perpetual
388	388	non-exclusive free and unobstructed permanent pipeline easement
389	389	feet in width [or if it varies, describe], in order to, among
390	390	other rights described below, construct, operate, and maintain one
391	391	(1) pipeline [or if permanent pipeline easement is sought for more
392	392	than one pipeline, specify in the instrument the number of
393	393	pipelines sought] not to exceed inches in nominal diameter
394	394	(whether one or more, the "Pipeline") and any appurtenant
395	395	facilities in, over, through, across, under, and along land owned
396	396	by the Grantor, said easement being described on the exhibit(s)
397	397	attached hereto and made part hereof (the "Permanent Pipeline
398	398	Easement"), and if described on the exhibit(s) attached hereto (i)
399	399	a permanent exclusive surface site easement as described on the
400	400	exhibit(s) attached hereto for the purpose of erecting, laying,
401	401	constructing, maintaining, fencing, operating, repairing,
402	402	inspecting, replacing, protecting, altering, and removing [specify
403	403	in the instrument one or more of the following facilities sought to
404	404	be installed] both above and below the surface, pipelines, pipeline
405	405	gate valve(s), by-passes, cross-overs, loops, risers, vents,
406	406	cables, meters, valves, cathodic protection, conduits,
407	407	launching-receiving equipment/in-line pigging facilities,
408	408	alternating current mitigation equipment, electrical supply
409	409	facilities, wires and poles, solar power facilities, generators,
410	410	treating and dehydration facilities, monitoring cameras, slug
411	411	catchers, compressors, pumps, radio and communications equipment
412	412	and facilities, measuring equipment and meter runs, and any other
413	413	appurtenances that may be necessary or desirable in connection
414	414	therewith (the "Surface Site Easement"), (ii) a temporary or
415	415	permanent access easement as identified on the exhibit(s) hereto
416	416	on, over, through, across, and along Grantor's property, as more
417	417	particularly described on the exhibit(s) hereto, for ingress and
418	418	egress by Grantee and its employees, designees, contractors,
419	419	successors, and assigns, and all those acting by or on behalf of it,
420	420	for the unobstructed passage of persons, vehicles, equipment,
421	421	and/or machinery, together with the non-exclusive right to use any
422	422	existing roadway and/or to construct, protect, inspect, repair,
423	423	alter, reconstruct, restore, improve, maintain, and use a road,
424	424	including ditches, culverts, drains, and such other appurtenant
425	425	facilities (the "Access Easement"), and (iii) a perpetual
426	426	non-exclusive free and unobstructed permanent easement feet
427	427	in width, for the purpose of erecting, laying, constructing,
428	428	maintaining, operating, repairing, inspecting, replacing,
429	429	protecting, altering, and removing power lines, poles and related
430	430	appurtenances to serve the Pipeline or appurtenances thereto (the
431	431	"Electric Line Easement").
432	432	Grantor does also hereby GRANT, BARGAIN, SELL, and CONVEY
433	433	unto Grantee temporary workspace and extra/additional temporary
434	434	workspace, if any, as generally described in the exhibit(s)
435	435	attached hereto, in order to construct the Pipeline and any
436	436	appurtenant facilities in, over, through, across, under, and along
437	437	the property and to restore the property as required under this
438	438	Agreement (the "Temporary Construction Easement") (The Permanent
439	439	Pipeline Easement and Temporary Construction Easement, together
440	440	with the Surface Site Easement, the Access Easement and the Electic
441	441	Line Easement (to the extent described in the exhibit(s) hereto),
442	442	are collectively referred to as the "Easements"). The term of the
443	443	Temporary Construction Easement and Access Easement (if identified
444	444	as temporary on the exhibit(s) hereto) shall be for a period to
445	445	extend twenty-four (24) months from the date of construction
446	446	commencement on Grantor's property. However, if Grantee has
447	447	completed its use of the Temporary Construction Easement or Access
448	448	Easement (if identified as temporary) prior to the expiration of
449	449	said period, then the Temporary Construction Easement and such
450	450	Access Easement shall immediately terminate. All rights, duties,
451	451	and/or obligations arising by or under this Agreement shall only
452	452	apply to the Temporary Construction Easement and Access Easement
453	453	(if identified as temporary) while same are in effect.
454	454	It is further agreed as follows:
455	455	1. Permanent Pipeline Easement. The right to use the
456	456	Easements shall belong to the Grantee and its agents, employees,
457	457	designees, contractors, guests, invitees, successors, and assigns,
458	458	and all those acting by or on behalf of it, or to any of them, for
459	459	the purposes of establishing, laying, constructing,
460	460	reconstructing, installing, realigning, modifying, replacing,
461	461	improving, adding, altering, substituting, operating, maintaining,
462	462	accessing, inspecting, patrolling, protecting, repairing, changing
463	463	the size of, relocating, and changing the route or routes of the
464	464	Pipeline within the Permanent Easement and abandoning in place and
465	465	removing at will, in whole or in part, the Pipeline, for the
466	466	transportation of [the instrument to specify one or more of the
467	467	following] oil, gas, oil products, liquefied minerals (including
468	468	without limitation, condensate, whether obtained from oil or gas
469	469	wells, ethane, ethylene, propane, butane, isobutene, pentane,
470	470	natural gasoline, and other products derived from hydrocarbons),
471	471	crude petroleum, hydrocarbon gas liquids, or other mineral
472	472	solutions, together with above and below ground appurtenances as
473	473	may be necessary or desirable for the operation of the Pipeline
474	474	over, across, under, and upon the Permanent Easement.
475	475	2. Minimum Burial Depth. At the time of initial
476	476	construction, Grantee shall bury the Pipeline to a minimum depth of
477	477	thirty-six inches (36") below the surface of the ground and any then
478	478	existing drainage ditches, creeks, and roads, provided however at
479	479	those locations where rock is encountered, the Pipeline may be
480	480	buried at a lesser depth. If the Pipeline crosses a river or other
481	481	large drainage feature or is intended to be placed above ground, the
482	482	Pipeline can be installed, where permitted by law, along a bridge,
483	483	or in above ground pipe racks or upon the surface, as permitted by
484	484	law.
485	485	3. Ingress and Egress. Grantee shall have the right of
486	486	ingress, egress, entry, and access in, to, through, on, over,
487	487	under, and across the Easements and where same intersect any public
488	488	road or public right-of-way or other easement to which Grantee has
489	489	the right to access and along any roads designated by Grantor and
490	490	any roads or routes as needed during an emergency, for any and all
491	491	purposes necessary and/or incident to the exercise by the Grantee
492	492	of the rights granted to it by this Agreement. Grantee shall
493	493	promptly repair any damage to Grantor's roads caused by Grantee in
494	494	the exercise of any rights granted in as good a condition as existed
495	495	prior to use by Grantee.
496	496	4. Lateral Support. Grantee shall have the right to select
497	497	the exact location of the Pipeline within the Permanent Easement.
498	498	Further, Grantee shall have the right to construct, maintain, and
499	499	change slopes of cuts and fills to ensure proper lateral and
500	500	subjacent support for and drainage for the Pipeline and appurtenant
501	501	facilities.
502	502	5. Damages. The consideration paid by Grantee in this
503	503	Agreement includes the market value of the Easements and including
504	504	without limitation any and all (i) damages resulting from the
505	505	removal or clearing of any trees, shrubs, and other improvements or
506	506	obstructions within the Easements, (ii) damages resulting from
507	507	Grantee's digging and trenching operations within the Easements,
508	508	(iii) crop damages in connection with any farm lands located within
509	509	the Easements, (iv) damages to the remaining property, if any, as a
510	510	result of the granting of the Easements and the installation of the
511	511	Pipeline, including any diminution in value, if any, (v) damages to
512	512	the Easements themselves by reason of the operation, maintenance,
513	513	repair, alteration, and/or servicing of the Pipeline after initial
514	514	pipeline construction and remediation is completed, and (vi)
515	515	damages or claims resulting from the remediation performed by
516	516	Grantee on Grantor's lands following initial construction, and
517	517	(vii) damages resulting from routine clearing of the permanent
518	518	Easements of obstructions and maintaining a line of sight along the
519	519	Easements. The initial consideration does not cover any damages
520	520	which may accrue from time to time to Grantor's other lands outside
521	521	the Easements and Grantee shall pay Grantor for any and all other
522	522	such reasonable and actual damages promptly as they may accrue.
523	523	6. Fences. Grantee shall have the right to remove any fence
524	524	that now crosses or may cross the Easements during initial
525	525	construction of the Pipeline or thereafter. Prior to cutting any
526	526	fence, however, Grantee shall brace the existing fence to be cut
527	527	adequately on both sides of the proposed cut by suitable H-braces to
528	528	prevent the remainder of the fence from sagging and shall promptly
529	529	install wire gaps or gates in any fence opening created by Grantee.
530	530	Each such wire gap or gate is to be reinforced so as to be strong
531	531	enough to prevent livestock from passing through same, where
532	532	livestock is present. Upon completion of initial construction
533	533	operations, each wire gap will be removed and at Grantee's sole
534	534	option replaced with (i) fencing of the same or better grade and
535	535	condition as existed before Grantee cut and gapped same or (ii) a
536	536	permanent gate, which gate shall, to the extent reasonably
537	537	practicable, be constructed out of similar or better grade
538	538	materials than already used for existing gates on the property.
539	539	Each entry and exit gate shall be securely closed and locked, except
540	540	when Grantee or its authorized personnel are actually passing
541	541	through same, and Grantor and Grantee shall each be entitled to
542	542	maintain their own lock in any such gate, such that Grantor and
543	543	Grantee shall each have the right of free passage through any such
544	544	gates. If Grantee fails to restore any fences or gates disturbed by
545	545	Grantee to the same or better grade and condition as existed before
546	546	Grantee disturbed same, Grantee shall pay Grantor the reasonable
547	547	costs to restore any such fences or gates to the same or better
548	548	grade and condition as existed before Grantee disturbed same.
549	549	7. Crossing Rights and Surface Limitations. Grantor may use
550	550	the Easements for any and all purposes not inconsistent with the
551	551	purposes set forth in this Agreement; provided, however, that
552	552	Grantor may not use any part of the Easements if such use may
553	553	damage, destroy, injure, and/or interfere with Grantee's use of the
554	554	Easements for the purposes for which the Easements are being sought
555	555	by Grantee. Notwithstanding anything herein to the contrary,
556	556	Grantor is not permitted to conduct any of the following activities
557	557	on the Easements: (1) construct any temporary or permanent
558	558	building or site improvements; (2) drill or operate any well on the
559	559	Easements; provided that a well can be directionally drilled under
560	560	the Easements subject to the terms for drilling set forth in
561	561	Paragraph 9 below; (3) remove soil or change the grade or slope; (4)
562	562	impound surface water; or (5) plant trees or landscaping. Grantor
563	563	further agrees it may not cause above- or below-ground obstruction
564	564	to interfere with the purposes for which this Agreement is being
565	565	acquired may be placed, erected, installed, or permitted upon the
566	566	Easements without the prior written permission of Grantee. Grantor
567	567	and Grantor's heirs, successors, and assigns shall have the right,
568	568	after prior written notice to Grantee and review and approval by
569	569	Grantee thereof, to construct, reconstruct, and maintain streets,
570	570	sidewalks, roads or drives, road ditches, drainage ditches, and
571	571	utilities, near perpendicular but in no event at any angle of not
572	572	less than forty-five (45) degrees to Grantee's Pipeline over and
573	573	across the Permanent Easement, provided that all of Grantee's
574	574	required and applicable spacing and crossing guidelines,
575	575	including, without limitation, horizontal and vertical separation
576	576	limits and other protective requirements, are met by Grantor at
577	577	Grantor's cost. In the event the terms of this paragraph are
578	578	violated, such violation shall immediately be corrected or
579	579	eliminated by Grantor upon receipt of written notice from Grantee
580	580	or Grantee shall have the immediate right to correct or eliminate
581	581	such violation at the sole risk and expense of Grantor. Grantor
582	582	shall promptly reimburse Grantee for any expenses or costs related
583	583	thereto. Further, Grantor will not hereafter interfere in any
584	584	manner with the purposes for which the Easements are conveyed, and
585	585	Grantee shall have the right to remove any improvement, facility,
586	586	or structure that interferes with the purposes for which the
587	587	Easements are granted or which may endanger or interfere with the
588	588	efficiency, safety, or convenient operation and maintenance of the
589	589	Pipeline and appurtenant facilities and which is installed by
590	590	Grantor subsequent to the date that Grantee acquires possession of
591	591	the Easements, without liability for damages and at Grantor's cost.
592	592	Grantor agrees that Grantee will not be liable to repair, replace or
593	593	be liable for the cost of repair or replacement of any of Grantor's
594	594	above or below ground obstructions installed by virtue of this
595	595	paragraph as a result of Grantee's use of the Easements.
596	596	8. Mowing/Clearing. Grantee has the right, from time to
597	597	time without paying any damages to Grantor, to mow the Permanent
598	598	Easement and to trim or cut down or eliminate from the Easements
599	599	trees or shrubbery, in the sole judgment of Grantee and its
600	600	successors and assigns, as may be necessary to install the Pipeline
601	601	and thereafter on the Permanent Easement to prevent possible
602	602	interference with the operation and maintenance of the Pipeline and
603	603	to remove possible hazard thereto. All trees and brush removed
604	604	during construction and other debris generated during construction
605	605	shall be burned and/or chipped and spread on the Easements or
606	606	removed to an appropriate disposal site. The method of disposal
607	607	shall be selected by Grantee.
608	608	9. Oil and Gas. To the extent of its authority over the
609	609	mineral estate, Grantor shall retain all the oil, gas, and other
610	610	minerals in, on, and under the Easements; provided, however, that
611	611	Grantor, to the extent of its authority over the mineral estate,
612	612	shall not be permitted to drill or operate equipment for the
613	613	production or development of minerals on the Easements, but it will
614	614	be permitted to extract the oil and other minerals from and under
615	615	the Easements by directional drilling and other means, provided the
616	616	drill bit enters the Easements at a subsurface depth of one hundred
617	617	feet (100') or deeper and so long as such activities do not damage,
618	618	destroy, injure, and/or interfere with the Grantee's use of the
619	619	Easements for the purposes for which the Easements are being sought
620	620	by Grantee.
621	621	10. Pipeline Installation and Grading. Grantee will,
622	622	insofar as reasonably practicable, level, re-grade, and reseed the
623	623	ground disturbed by Grantee's use of the Easements and will
624	624	maintain the Easements clean of all litter and trash gererated by
625	625	Grantee during periods of construction, operation, maintenance,
626	626	repair, or removal. All construction debris shall be cleaned up and
627	627	removed from Grantor's lands upon completion of installation and
628	628	construction of the Pipeline, associated equipment, and
629	629	appurtenances thereto. During the initial construction, the
630	630	trenching (but not installation by horizontal directional drilling
631	631	or underground boring) in areas of Grantor's lands that are
632	632	currently being used for growing commercial crops or purposefully
633	633	fallowed for a period of time not to exceed the lesser of five years
634	634	or the number of consecutive years such land was used for growing
635	635	commercial crops prior to being fallow, shall be done in such a
636	636	manner so that at least twelve inches (12") of top soil (or the
637	637	amount of top soil present if less than twelve inches (12") exists)
638	638	will be separated from the balance of the dirt removed in making the
639	639	ditch or trench for installation of the Pipeline. In backfilling
640	640	after installation of the Pipeline, the topsoil so first removed
641	641	and segregated shall be used as cover soil in such a manner so as to
642	642	result in it being returned to the top of the ditch as topsoil.
643	643	11. Use Limitations. Grantee shall use the Easements solely
644	644	for the purposes specified in this Agreement. There shall be no
645	645	hunting or fishing on the Easements or any of Grantor's lands by
646	646	Grantee or its officers, agents, employees, contractors, invitees,
647	647	guests, or representatives at any time. No firearms or fishing
648	648	equipment shall be taken on the Easements by Grantee or its
649	649	officers, agents, employees, contractors, invitees, guests, or
650	650	representatives at any time.
651	651	12. Above Ground Appurtenances. Except for facilities
652	652	located on the Surface Site Easement and Electric Line Easement(if
653	653	identified and included in the exhibit(s) hereto), Grantee shall
654	654	not place any above ground appurtenances on the Permanent Pipeline
655	655	Easement except for pipeline markers and cathodic protection units,
656	656	cathodic test leads, alternating current mitigation equipment,
657	657	and/or other cathodic protection appurtenances, necessary to
658	658	monitor and control potential corrosion, including, without
659	659	limitation, decouplers, pedestals, rectifiers, electric lines,
660	660	electrical facilities, electric meters, junction boxes, anodes,
661	661	wires, poles, ground beds, fencing, bollards, grounding systems,
662	662	and any other appurtenances necessary for cathodic protection or
663	663	corrosion control, if necessary for the operation of the Pipeline,
664	664	as determined by Grantee in its sole discretion, and except for
665	665	[describe other above ground appurtenances, if any, which will be
666	666	installed within the Permanent Pipeline Easement]. Grantee shall
667	667	use reasonable efforts to place such above ground signage and
668	668	cathodic protection facilities at the junction of the Permanent
669	669	Pipeline Easement and fence lines, property lines, pipeline
670	670	crossings, river or creek crossings, or road crossings, provided
671	671	however, Grantee shall have the right to place same at any other
672	672	location required by applicable law, regulation, or rule on
673	673	Grantor's property.
674	674	13. Indemnity. GRANTEE SHALL DEFEND WITH COUNSEL OF
675	675	GRANTEE'S CHOICE, INDEMNIFY, PROTECT, AND HOLD HARMLESS GRANTOR,
676	676	GRANTOR'S HEIRS, SUCCESSORS, ASSIGNS AND RELATED OR AFFILIATED
677	677	ENTITIES (THE "INDEMNIFIED PARTIES"), FROM ANY AND ALL LIENS,
678	678	CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE
679	679	ATTORNEYS' FEES), EXPENSES, DAMAGES, LOSSES, AND CAUSES OF ACTION
680	680	FOR DAMAGES ASSERTED BY PERSONS OR ENTITIES UNAFFILIATED WITH THE
681	681	INDEMNIFIED PARTIES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH)
682	682	AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS TO
683	683	THE EXTENT CAUSED BY GRANTEE'S NEGLIGENCE, GROSS NEGLIGENCE,
684	684	WILLFUL MISCONDUCT, OR STRICT LIABILITY.
685	685	14. Tenants. Grantor hereby identifies the following as
686	686	people or entities having a lease, sublease, or other possessory
687	687	interest in Grantor's property:
688	688	___________________
689	689	___________________
690	690	___________________
691	691	___________________
692	692	(If this paragraph is left blank, then Grantor represents
693	693	there are no such persons or entities.)
694	694	15. Counterparts. This Agreement may be executed in several
695	695	counterparts, each of which shall be an original of this Agreement
696	696	but all of which, when delivered and taken together, shall
697	697	constitute one and the same Agreement and be binding upon the
698	698	parties who executed any counterpart, regardless of whether it is
699	699	executed by all parties named herein.
700	700	16. Assignability. Grantee shall have the right to assign
701	701	this grant in whole or in part, in which event Grantor acknowledges
702	702	and agrees that the assignee shall succeed to the rights and
703	703	obligations of Grantee to the extent conveyed in such assignment,
704	704	and Grantee shall be relieved of obligations with respect to the
705	705	assigned interest which accrue after the date of assignment.
706	706	17. Integration Clause. This Agreement constitutes the
707	707	entire agreement and supersedes any and all prior oral
708	708	understandings and agreements, if any, concerning the subject of
709	709	this Agreement. Grantor confirms and agrees that Grantor has been
710	710	made no promise or agreement by Grantee or any agent of Grantee
711	711	(which is not expressed or referenced specifically within this
712	712	Agreement) in executing this Agreement, that Grantor is not relying
713	713	upon any statement or representation of Grantee or any agent of
714	714	Grantee and that Grantor's execution of this Agreement is free and
715	715	voluntary. This Agreement may not be modified or amended except on
716	716	or after the date hereof except by a writing signed by the party
717	717	against whom said modification or amendment is to be enforced and no
718	718	party shall be liable or bound to any other party in any manner
719	719	except as specifically set forth herein.
720	720	18. Disclaimer. NEITHER PARTY HAS RELIED UPON AND HEREBY
721	721	EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS,
722	722	INFORMATION, OR MATERIALS PROVIDED, SUPPLIED, OR FURNISHED BY THE
723	723	OTHER PARTY OR OTHERWISE MADE AVAILABLE BY EITHER PARTY IN THE
724	724	PUBLIC DOMAIN OR OTHERWISE (OTHER THAN THOSE MADE IN THIS
725	725	AGREEMENT).
726	726	TO HAVE AND TO HOLD, subject to all matters of record which
727	727	are valid and subsisting and affect Grantor's property burdened by
728	728	this Permanent Easement Agreement, the rights, privileges, and
729	729	authority hereby granted unto the Grantee and its successors and
730	730	assigns, forever, and Grantor does hereby agree to warrant and
731	731	defend said Easements unto Grantee and its successors and assigns,
732	732	by, through, or under Grantor, but not otherwise. This Agreement
733	733	and all of its terms, provisions, and obligations shall be
734	734	covenants running with the land affected thereby and shall inure to
735	735	the benefit of and be binding upon Grantor and Grantee and their
736	736	respective heirs, executors, administrators, successors, and
737	737	assigns.
738	738	EXECUTED and effective as of the day of
739	739	20 .
740	740	GRANTOR(S):
741	741	By:
742	742	ACKNOWLEDGEMENT
743	743	STATE OF TEXAS
744	744	COUNTY OF
745	745	BEFORE ME, the undersigned authority, on this day personally
746	746	appeared , known to me to be the person whose name
747	747	is subscribed to the foregoing instrument and acknowledged to me
748	748	that he/she executed the same for the purposes and consideration
749	749	therein expressed.
750	750	GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
751	751	20 .
752	752	_______________________________________________________
753	753	Notary Public in and for the State of Texas
754	754	(Print Name of Notary Public Here)
755	755	(c) A property owner may negotiate for terms not required
756	756	under Subsection (a) for an easement agreement or provided under
757	757	Subsection (b) for a pipeline easement agreement. An entity and a
758	758	property owner may, at any time:
759	759	(1) agree to alter or omit a term required under
760	760	Subsection (a) for an easement agreement or provided by Subsection
761	761	(b) for a pipeline easement agreement; or
762	762	(2) execute an instrument of conveyance that is
763	763	different in some or all aspects than the pipeline easement
764	764	agreement form provided by Subsection (b).
765	765	SECTION 3.04. Section 21.014, Property Code, is amended by
766	766	amending Subsection (a) and adding Subsection (d) to read as
767	767	follows:
768	768	(a) The judge of a court in which a condemnation petition is
769	769	filed or to which an eminent domain case is assigned shall, not
770	770	later than the 15th calendar day after the date the petition is
771	771	filed, appoint three disinterested real property owners who reside
772	772	in the county as special commissioners to assess the damages of the
773	773	owner of the property being condemned and appoint two disinterested
774	774	real property owners who reside in the county as alternate special
775	775	commissioners. The judge appointing the special commissioners
776	776	shall give preference to persons agreed on by the parties before the
777	777	court appoints the special commissioners. The judge shall provide
778	778	the names and contact information of the special commissioner and
779	779	alternate special commissions to the parties. Each party shall
780	780	have seven calendar days after the date of the order appointing the
781	781	special commissioners [The judge shall provide each party a
782	782	reasonable period] to strike one of the three special commissioners
783	783	[appointed by the judge]. If a person fails to serve as a special
784	784	commissioner or is struck by a party to the suit in accordance with
785	785	this subsection, an alternate special commissioner shall serve as a
786	786	replacement for the special commissioner based on the order that
787	787	the alternate special commissioners are listed in the initial order
788	788	of appointment [, the judge shall appoint a replacement].
789	789	(d) In this section, "disinterested real property owner"
790	790	means a real property owner who:
791	791	(1) is not related to a party or the representative of
792	792	a party by affinity within the second degree or by consanguinity
793	793	within the third degree, as determined under Chapter 573,
794	794	Government Code;
795	795	(2) does not own property that an entity with eminent
796	796	domain authority is currently attempting to acquire for public use;
797	797	and
798	798	(3) is not related by affinity within the second
799	799	degree or by consanguinity within the third degree, as determined
800	800	under Chapter 573, Government Code, to a person who has owned or
801	801	currently owns property described by Subdivision (2).
802	802	SECTION 3.05. Section 21.015(a), Property Code, is amended
803	803	to read as follows:
804	804	(a) The special commissioners in an eminent domain
805	805	proceeding shall [promptly] schedule a hearing to occur not earlier
806	806	than [for the parties at the earliest practical time but may not
807	807	schedule a hearing to assess damages before] the 20th day or later
808	808	than the 40th day after the date the special commissioners were
809	809	appointed, unless otherwise agreed to by the parties. The special
810	810	commissioners shall schedule a hearing for the parties at a place
811	811	that is as near as practical to the property being condemned, or at
812	812	the county seat of the county in which the proceeding is being held,
813	813	or at the request of either party, by video-conferencing.
814	814	SECTION 3.06. Section 21.016(d), Property Code, is amended
815	815	to read as follows:
816	816	(d) Notice may be served[:
817	817	[(1)] by delivering a copy of the notice to the party or
818	818	to the party's agent or attorney or in any other manner provided by
819	819	the Texas Rules of Civil Procedure for service of citation[;
820	820	[(2) if the property being condemned belongs to a
821	821	deceased's estate or to a minor or other legally disabled person and
822	822	the person or estate has a legal representative, by delivering a
823	823	copy of the notice to the legal representative; or
824	824	[(3) if the property being condemned belongs to a
825	825	nonresident of this state and there has been no personal service on
826	826	the owner, if the identity or the residence of the property owner is
827	827	unknown, or if the property owner avoids service of notice by
828	828	hiding, by publication in the same manner as service of citation by
829	829	publication in other civil cases in the district courts or county
830	830	courts at law].
831	831	SECTION 3.07. Chapter 21, Property Code, is amended by
832	832	adding Subchapter B-1 to read as follows:
833	833	SUBCHAPTER B-1. IN-PERSON MEETING
834	834	Sec. 21.0301. DEFINITION. In this subchapter, "in-person
835	835	meeting" includes a meeting conducted by telephonic or video
836	836	conferencing at the option of either the entity or landowner.
837	837	Sec. 21.0302. APPLICABILITY TO CERTAIN ENTITIES. This
838	838	subchapter does not apply to an entity that is required by law to
839	839	participate or voluntarily participates in a public meeting or
840	840	hearing regarding the exercise of the entity's eminent domain
841	841	authority at the Public Utility Commission of Texas or to an entity
842	842	that holds a public meeting as part of the entity's regulatory or
843	843	condemnation process.
844	844	Sec. 21.0303. METHOD OF NOTICE. Notice may be given under
845	845	this subchapter by:
846	846	(1) mailing the notice to the property owner listed
847	847	for the property on the most recent tax roll for a taxing unit with
848	848	authority to impose an ad valorem tax on the property, at the
849	849	address for the property owner listed on the tax roll; or
850	850	(2) any method authorized by Section 21.016(d).
851	851	Sec. 21.0304. NOTICE TO PROPERTY OWNER. Before or at the
852	852	time an entity with eminent domain authority makes an initial offer
853	853	to a property owner to acquire a property interest for a project,
854	854	the entity shall provide notice to the property owner of the
855	855	property owner's right to request an in-person meeting with the
856	856	entity to discuss the project.
857	857	Sec. 21.0305. PROPERTY OWNER REQUEST FOR IN-PERSON MEETING.
858	858	A property owner who receives notice from an entity under Section
859	859	21.0304 may request an in-person meeting with the entity. The
860	860	property owner's request must be in writing and received by the
861	861	entity not later than the seventh day after the date the property
862	862	owner received the notice.
863	863	Sec. 21.0306. SCHEDULING OF IN-PERSON MEETING. (a) On
864	864	receipt of a request from a property owner under Section 21.0305 the
865	865	entity shall propose not fewer than three different meeting times
866	866	on three different meeting dates for the in-person meeting.
867	867	(b) A meeting time proposed under Subsection (a) may not be
868	868	earlier than the seventh day or later than the 30th day after the
869	869	date the entity received the property owner's request.
870	870	(c) A property owner who wishes to accept a proposed meeting
871	871	time under this section must confirm acceptance in writing of the
872	872	meeting time not later than the earlier of the:
873	873	(1) third day before the proposed meeting time; or
874	874	(2) seventh day after the date the property owner
875	875	receives proposed meeting times from the entity.
876	876	Sec. 21.0307. SATISFACTION OF BONA FIDE OFFER REQUIREMENT
877	877	GENERALLY. An entity satisfies the requirements of this subchapter
878	878	for purposes of Section 21.0113(b)(2) with respect to a property
879	879	owner if the entity:
880	880	(1) provides notice to the property owner as required
881	881	by Section 21.0304 and the property owner does not timely request an
882	882	in-person meeting under Section 21.0305;
883	883	(2) proposes meeting times to the property owner as
884	884	required by Section 21.0306 and the property owner:
885	885	(A) does not timely confirm the property owner's
886	886	preferred meeting time under that section; or
887	887	(B) rejects the proposed meeting times; or
888	888	(3) schedules a meeting with a property owner as
889	889	required under Section 21.0306, whether or not the property owner
890	890	participates in the meeting.
891	891	Sec. 21.0308. SATISFACTION OF BONA FIDE OFFER REQUIREMENT:
892	892	VOLUNTARY MEETING. Notwithstanding any other provision of this
893	893	subchapter, an entity satisfies the requirements of this subchapter
894	894	for purposes of Section 21.0113(b)(2) with respect to a property
895	895	owner if:
896	896	(1) the entity voluntarily initiates an in-person meeting
897	897	with the property owner or with a group of affected
898	898	property owners;
899	899	(2) provides notice of the meeting to the property owner at
900	900	least 14 days before the meeting; and
901	901	(3) the meeting is held before a final offer is made to the
902	902	property owner.
903	903	Sec. 21.0309. EFFECT OF IN-PERSON MEETING ON TIMING OF
904	904	FINAL OFFER. Notwithstanding any other provision of this
905	905	subchapter, an entity that participates in an in-person meeting
906	906	with a property owner may not make a final offer to the property
907	907	owner earlier than the third day after the date of the in-person
908	908	meeting unless the property owner agrees to an earlier date.
909	909	SECTION 3.08. (a) Sections 21.0112 and 21.0113, Property
910	910	Code, as amended by this Act, and Section 21.0114 and Subchapter
911	911	B-1, Chapter 21, Property Code, as added by this Act, apply only to
912	912	the acquisition of real property in connection with an initial
913	913	offer made on or after the effective date of this Act. An
914	914	acquisition of real property in connection with an initial offer
915	915	made before the effective date of this Act is governed by the law
916	916	applicable to the acquisition immediately before that date, and
917	917	that law is continued in effect for that purpose.
918	918	(b) Sections 21.014, 21.015, and 21.016, Property Code, as
919	919	amended by this Act, apply only to a condemnation proceeding
920	920	commenced on or after the effective date of this Act. A
921	921	condemnation proceeding commenced before the effective date of this
922	922	Act is governed by the law applicable to the condemnation
923	923	proceeding immediately before the effective date of this Act, and
924	924	that law is continued in effect for that purpose.
925	925	ARTICLE 4. EFFECTIVE DATE
926	926	SECTION 4.01. (a) Except as provided by Subsection (b) of
927	927	this section, this Act takes effect January 1, 2022.
928	928	(b) Sections 1.03 and 2.30 of this Act take effect September
929	929	1, 2021.