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