| 1 | 1 | | 88R2706 KBB-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2386 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of an electric cooperative to use the |
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| 8 | 8 | | power of eminent domain to acquire certain real property. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 161.125, Utilities Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 161.125. EMINENT DOMAIN. (a) An electric cooperative |
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| 13 | 13 | | may exercise the power of eminent domain in the manner provided by |
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| 14 | 14 | | state law for acquiring private property for public use. The power |
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| 15 | 15 | | does not apply to state property or property of a political |
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| 16 | 16 | | subdivision in this state. |
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| 17 | 17 | | (b) An electric cooperative may not exercise the power of |
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| 18 | 18 | | eminent domain to acquire an interest in real property to drill, |
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| 19 | 19 | | mine, or produce from that property oil, gas, geothermal resources, |
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| 20 | 20 | | geothermal/geopressured resources, or lignite, coal, sulphur, |
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| 21 | 21 | | uranium, plutonium, or other minerals that belong to another person |
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| 22 | 22 | | regardless of whether the material is in place or is in the process |
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| 23 | 23 | | of being drilled, mined, or produced. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to the acquisition of real property in connection with an initial |
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| 26 | 26 | | offer made under Section 21.0113, Property Code, on or after the |
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| 27 | 27 | | effective date of this Act. An acquisition of real property in |
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| 28 | 28 | | connection with an initial offer made under Section 21.0113, |
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| 29 | 29 | | Property Code, before the effective date of this Act is governed by |
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| 30 | 30 | | the law applicable to the acquisition immediately before the |
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| 31 | 31 | | effective date of this Act, and that law is continued in effect for |
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| 32 | 32 | | that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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