Texas 2025 - 89th Regular

Texas House Bill HB5245 Compare Versions

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Old	New	Differences
1	1	89R17627 SCR-F
2	2	By: Lozano H.B. No. 5245
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the acquisition of real property by a private entity
10	10	with eminent domain authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.0113, Property Code, is amended by
13	13	adding Subsections (c), (d), and (e) to read as follows:
14	14	(c) Notwithstanding Subsection (b), a private entity, as
15	15	defined by Section 21.0114, with eminent domain authority that
16	16	wants to acquire real property for a public use has made a bona fide
17	17	offer only if the entity:
18	18	(1) satisfies the requirements of Subsection (b);
19	19	(2) includes with the initial offer:
20	20	(A) an offer of compensation in an amount equal
21	21	to or greater than:
22	22	(i) the market value of the property rights
23	23	sought to be acquired, including an estimate of damages to the
24	24	property owner's remaining property, if any, based on an appraisal
25	25	of the property prepared by a third party who is a certified general
26	26	appraiser licensed under Chapter 1103, Occupations Code; or
27	27	(ii) the estimated price or market value of
28	28	the property rights sought to be acquired based on data for at least
29	29	three comparable arm's-length sales of a fee simple interest in
30	30	property, including an estimate of damages to the property owner's
31	31	remaining property, if any, based on data then available to the
32	32	appraiser, broker, or private entity, as applicable, and based on:
33	33	(a) a comparative market analysis
34	34	prepared by a third party who is a real estate broker licensed under
35	35	Chapter 1101, Occupations Code, or a certified general appraiser
36	36	licensed under Chapter 1103, Occupations Code;
37	37	(b) a broker price opinion prepared by
38	38	a third party who is a real estate broker licensed under Chapter
39	39	1101, Occupations Code; or
40	40	(c) a market study prepared by a third
41	41	party who is a real estate broker licensed under Chapter 1101,
42	42	Occupations Code, or a certified general appraiser licensed under
43	43	Chapter 1103, Occupations Code;
44	44	(B) the complete written report of the appraisal,
45	45	the comparative market analysis, the broker price opinion, the
46	46	market study, or a summary of the market study, as prepared by the
47	47	third party, that forms the basis for the amount of the offer of
48	48	compensation under Paragraph (A); and
49	49	(C) notice of the terms described by Section
50	50	21.0114(d) for which the property owner may negotiate to be
51	51	included in a deed, easement, agreement, or other instrument of
52	52	conveyance relating to the property; and
53	53	(3) provides notice of the proposed project to the
54	54	county judge as required by Section 21.0115.
55	55	(d) For purposes of Subsection (c)(2)(A)(ii), a real estate
56	56	broker licensed under Chapter 1101, Occupations Code, is authorized
57	57	to prepare an estimated price based on a comparative market
58	58	analysis, a broker price opinion, a market study, or a summary of
59	59	the market study.
60	60	(e) A private entity that provides to a property owner an
61	61	easement form that is generally consistent with the language or
62	62	provisions required by Section 21.0114(c) and the notice required
63	63	by Section 21.0114(d) is considered to have complied with Section
64	64	21.0114 for purposes of Subsection (b)(1)(C) of this section,
65	65	regardless of whether the private entity subsequently provides to
66	66	the property owner a different deed, easement, agreement, or other
67	67	instrument of conveyance as authorized under Sections 21.0114(e)
68	68	and (f).
69	69	SECTION 2. Section 21.0114(c), Property Code, is amended to
70	70	read as follows:
71	71	(c) Except as provided by Subsections (d), (e), and (f), a
72	72	deed, agreement, or other instrument of conveyance provided to a
73	73	property owner by a private entity with eminent domain authority to
74	74	acquire the property interest to be conveyed must address the
75	75	following general terms, as applicable:
76	76	(1) if the instrument conveys a pipeline right-of-way
77	77	easement or an easement related to pipeline appurtenances:
78	78	(A) the maximum number of pipelines that may be
79	79	installed under the instrument for a pipeline right-of-way;
80	80	(B) a description of the types of pipeline
81	81	appurtenances that are authorized to be installed under the
82	82	instrument for pipeline-related appurtenances, such as pipes,
83	83	valves, compressors, pumps, meters, pigging stations, dehydration
84	84	facilities, electric facilities, communication facilities, and any
85	85	other appurtenances that may be necessary [or desirable] in
86	86	connection with a pipeline;
87	87	(C) the maximum diameter, excluding any
88	88	protective coating or wrapping, of each pipeline to be [initially]
89	89	installed under the instrument for a pipeline right-of-way;
90	90	(D) the type or category of substances permitted
91	91	to be transported through each pipeline to be installed under the
92	92	instrument;
93	93	(E) a general description of any aboveground
94	94	equipment or facility the private entity intends to install,
95	95	maintain, or operate under the instrument for a pipeline easement
96	96	on the surface of the easement;
97	97	(F) a description or illustration of the location
98	98	of the easement, including a metes and bounds or centerline
99	99	description, plat, or aerial or other map-based depiction of the
100	100	location of the easement on the property;
101	101	(G) the maximum width of the easement under the
102	102	instrument;
103	103	(H) the minimum depth at which each pipeline to
104	104	be installed under the instrument for a pipeline right-of-way will
105	105	[initially] be installed;
106	106	(I) a provision identifying whether the private
107	107	entity intends to double-ditch areas of the pipeline easement that
108	108	are not installed by boring or horizontal directional drilling;
109	109	(J) a provision requiring the private entity to
110	110	provide written notice to the property owner at the last known
111	111	address of the person in whose name the property is listed on the
112	112	most recent tax roll of any taxing unit authorized to levy property
113	113	taxes against the property before assigning [if and when the
114	114	private entity assigns] the interest under the instrument to
115	115	another entity[, provided that the provision does not require
116	116	notice by the private entity for assignment to an affiliate or to a
117	117	successor through merger, consolidation, or other sale or transfer
118	118	of all or substantially all of its assets and businesses];
119	119	(K) a provision describing whether the easement
120	120	rights are exclusive, [or] nonexclusive, or otherwise limited;
121	121	(L) a provision limiting the private entity's
122	122	right to grant to a third party access to the easement area for a
123	123	purpose that is not related to the construction, safety, repair,
124	124	maintenance, inspection, replacement, operation, or removal of
125	125	each pipeline to be installed under the instrument and of pipeline
126	126	appurtenances to be installed under the instrument;
127	127	(M) a provision regarding the property owner's
128	128	right to recover actual monetary damages arising from the
129	129	construction and installation of each pipeline to be installed
130	130	under the instrument, or a statement that the consideration for the
131	131	instrument includes any monetary damages arising from the
132	132	construction and installation of each pipeline to be installed
133	133	under the instrument;
134	134	(N) a provision regarding the property owner's
135	135	right after [initial] construction and installation of each
136	136	pipeline to be installed under the instrument to actual monetary
137	137	damages arising from the repair, maintenance, inspection,
138	138	replacement, operation, or removal of each pipeline to be installed
139	139	under the instrument, or a statement that consideration for the
140	140	instrument includes any monetary damages arising from the repair,
141	141	maintenance, inspection, replacement, operation, or removal of
142	142	each pipeline to be installed under the instrument;
143	143	(O) a provision:
144	144	(i) regarding the removal, cutting, use,
145	145	repair, and replacement of gates and fences that cross the easement
146	146	or that will be used by the private entity under the instrument; or
147	147	(ii) providing for the payment for any
148	148	damage caused by the private entity to gates and fences described by
149	149	Subparagraph (i), if any, to the extent that the gates or fences are
150	150	not restored or paid for as part of the consideration paid for the
151	151	instrument;
152	152	(P) a provision:
153	153	(i) regarding the private entity's
154	154	obligation to restore the pipeline easement area and the property
155	155	owner's remaining property, if any, used by the private entity to as
156	156	near to original condition as is reasonably practicable and to
157	157	maintain the easement in a manner not inconsistent [consistent]
158	158	with the purposes for which the easement will be used by the private
159	159	entity under the instrument; or
160	160	(ii) providing for the private entity to
161	161	reimburse the property owner for actual monetary damages incurred
162	162	by the property owner that arise from damage to the pipeline
163	163	easement area or the property owner's remaining property, if any,
164	164	to the extent caused by the private entity and not restored or paid
165	165	for as part of the consideration for the instrument; and
166	166	(Q) a provision describing the private entity's
167	167	rights of ingress, egress, entry, and access on, to, over, and
168	168	across the property owner's property under the instrument;
169	169	(2) if the instrument conveys an electric transmission
170	170	line right-of-way easement:
171	171	(A) a general description of the uses of the
172	172	surface of the property to be encumbered by the easement the entity
173	173	intends to acquire;
174	174	(B) a description or illustration of the location
175	175	of the easement, including a metes and bounds or centerline
176	176	description, plat, or aerial or other map-based depiction of the
177	177	location of the easement on the property;
178	178	(C) the maximum width of the easement under the
179	179	instrument;
180	180	(D) the manner in which the entity will access
181	181	the easement under the instrument;
182	182	(E) a provision limiting the private entity's
183	183	right to grant to a third party access to the easement area for a
184	184	purpose that is not related to the construction, safety, repair,
185	185	maintenance, inspection, replacement, operation, or removal of the
186	186	electric and appurtenant facilities installed under the
187	187	instrument;
188	188	(F) a provision regarding the property owner's
189	189	right to recover actual monetary damages arising from the
190	190	construction, operation, repair, maintenance, inspection,
191	191	replacement, and future removal of lines and support facilities
192	192	after initial construction in the easement, if any, or a statement
193	193	that the initial consideration for the easement instrument includes
194	194	such damages;
195	195	(G) a provision:
196	196	(i) regarding the removal, cutting, use,
197	197	repair, and replacement of gates and fences that cross the easement
198	198	or that will be used by the private entity under the instrument; or
199	199	(ii) providing for the payment for any
200	200	damage caused by the private entity to gates and fences described by
201	201	Subparagraph (i), if any, to the extent that the gates or fences are
202	202	not restored or paid for as part of the consideration for the
203	203	instrument;
204	204	(H) a provision regarding the private entity's
205	205	obligation to restore the easement area and the property owner's
206	206	remaining property to the easement area's and the remaining
207	207	property's original contours and grades, to the extent reasonably
208	208	practicable, unless the safety or operational needs of the private
209	209	entity and the electric facilities would be impaired, and:
210	210	(i) a provision regarding the entity's
211	211	obligation to restore the easement area and the property owner's
212	212	remaining property following any future damages directly
213	213	attributed to the use of the easement by the private entity, to the
214	214	extent reasonably practicable[, unless the safety or operational
215	215	needs of the private entity and the electric facilities would be
216	216	impaired]; or
217	217	(ii) a provision that the consideration for
218	218	the easement instrument includes damages as described by
219	219	Subparagraph (i) to the easement area and the property owner's
220	220	remaining property;
221	221	(I) a provision describing whether the easement
222	222	rights are exclusive, nonexclusive, or otherwise limited under the
223	223	terms of the instrument; and
224	224	(J) a prohibition against the assignment of the
225	225	entity's interest in the property to an assignee that will not
226	226	operate as a utility subject to the jurisdiction of the Public
227	227	Utility Commission of Texas or the Federal Energy Regulatory
228	228	Commission without written notice to the property owner at the last
229	229	known address of the person in whose name the property is listed on
230	230	the most recent tax roll of any taxing unit authorized to levy
231	231	property taxes against the property;
232	232	(3) a prohibition against any use by the private
233	233	entity of the property rights being conveyed by the instrument,
234	234	other than a use stated in the instrument, without the express
235	235	written consent of the property owner; [and]
236	236	(4) a provision that the terms of the instrument will
237	237	bind the successors and assigns of the property owner and private
238	238	entity; and
239	239	(5) a provision setting forth the applicable insurance
240	240	or self-insurance to be provided by the private entity.
241	241	SECTION 3. Subchapter B, Chapter 21, Property Code, is
242	242	amended by adding Section 21.0115 to read as follows:
243	243	Sec. 21.0115. NOTICE OF INTENT. (a) A private entity as
244	244	defined by Section 21.0114 must send a written notice of intent to
245	245	the county judge of a county in which the private entity will seek
246	246	to acquire property for a project for public use before the first
247	247	time the private entity makes an initial offer to acquire real
248	248	property for the project in that county.
249	249	(b) A notice sent under Subsection (a) must:
250	250	(1) state the private entity's intent to acquire real
251	251	property for public use;
252	252	(2) specify the public use; and
253	253	(3) identify the proposed route, including the tracts
254	254	of real property, identified by the tract number assigned by the
255	255	county assessor-collector, that the private entity intends to
256	256	acquire.
257	257	SECTION 4. Section 21.012, Property Code, is amended by
258	258	adding Subsection (b-1) to read as follows:
259	259	(b-1) In addition to the contents prescribed by Subsection
260	260	(b), a petition filed by a private entity as defined by Section
261	261	21.0114 to acquire property for a public use must state the terms to
262	262	be included in the instrument of conveyance under Section
263	263	21.0114(c).
264	264	SECTION 5. Section 21.014(a), Property Code, is amended to
265	265	read as follows:
266	266	(a) The judge of a court in which a condemnation petition is
267	267	filed or to which an eminent domain case is assigned shall, not
268	268	later than the 30th calendar day after the property owner receives
269	269	notice that the petition is filed, appoint three disinterested real
270	270	property owners who reside in the county as special commissioners
271	271	to assess the damages of the owner of the property being condemned
272	272	and appoint two disinterested real property owners who reside in
273	273	the county as alternate special commissioners. The judge appointing
274	274	the special commissioners shall give preference to persons agreed
275	275	on by the parties, if any, before the court appoints the special
276	276	commissioners. The judge shall provide the names and contact
277	277	information of the special commissioners and alternate special
278	278	commissioners to the parties. Each party shall have until the later
279	279	of 15 [10] calendar days after the date of the order appointing the
280	280	special commissioners or 30 [20] days after the date the petition
281	281	was filed to strike one of the three special commissioners. Any
282	282	strike of a special commissioner must be filed electronically with
283	283	electronic service provided concurrently to any represented party
284	284	and first class mail service provided concurrently to any other
285	285	party. If a person fails to serve as a special commissioner or is
286	286	struck by a party to the suit in accordance with this subsection, an
287	287	alternate special commissioner shall serve as a replacement for the
288	288	special commissioner based on the order that the alternate special
289	289	commissioners are listed in the initial order of appointment. If a
290	290	party exercises a strike, the other party may, by the later of the
291	291	third day after the date of filing of the initial strike or the date
292	292	of the initial strike deadline, strike a special commissioner from
293	293	the resulting panel, provided the other party has not earlier
294	294	exercised a strike.
295	295	SECTION 6. Chapter 21, Property Code, is amended by adding
296	296	Subchapter B-1 to read as follows:
297	297	SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE
298	298	ENTITIES
299	299	Sec. 21.031. DEFINITION. In this subchapter, "private
300	300	entity" has the meaning assigned by Section 21.0114.
301	301	Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) Except as
302	302	expressly provided by Section 21.033(d), this subchapter applies
303	303	only to a private entity that seeks to acquire for the same pipeline
304	304	or electric transmission project 25 or more tracts of real
305	305	property, including easements within those tracts, that are owned
306	306	by at least 25 separate and unaffiliated property owners.
307	307	(b) Except as expressly provided by Section 21.0392, this
308	308	subchapter does not apply to a private entity that:
309	309	(1) operates or proposes to construct an electric
310	310	transmission line; and
311	311	(2) is subject to the jurisdiction of the Public
312	312	Utility Commission of Texas under Chapter 37, Utilities Code.
313	313	(c) This subchapter does not apply to the acquisition of a
314	314	tract of real property that is an industrial property, including a
315	315	tract that contains a refinery, processing facility, underground
316	316	storage facility, electric station, industrial facility, power
317	317	plant facility, or storage terminal.
318	318	Sec. 21.033. NOTICE OF PROPERTY OWNER INFORMATION MEETING.
319	319	(a) A private entity shall, before or at the same time that the
320	320	entity makes an initial offer as required under Section 21.0113,
321	321	provide a written notice advising the property owner of:
322	322	(1) the property owner's right to participate in a
323	323	meeting to discuss the proposed project, including:
324	324	(A) if the project is a pipeline, the substances,
325	325	products, materials, installations, and structures the private
326	326	entity intends to transport through, use for, or build as part of
327	327	the project; and
328	328	(B) any regulatory filings for the project; and
329	329	(2) the date, time, and location of the meeting.
330	330	(b) The private entity shall send the meeting notice to:
331	331	(1) the property owner listed for the property on the
332	332	most recent tax roll for a taxing unit with authority to levy an ad
333	333	valorem tax on the property; or
334	334	(2) the address for the property listed on the tax roll
335	335	described by Subdivision (1).
336	336	(c) The private entity shall also send the meeting notice
337	337	to:
338	338	(1) any other address that the private entity has for
339	339	the property owner; and
340	340	(2) each county judge of a county in which all or part
341	341	of the project section or segment for which the meeting is to be
342	342	held is located.
343	343	(d) If a pipeline involves fewer than 25 separate and
344	344	unaffiliated property owners, the private entity shall provide
345	345	notice to the property owners in the manner prescribed by this
346	346	section that a property owner may request a meeting with the private
347	347	entity to receive the information required to be presented by a
348	348	private entity under Section 21.037. If a property owner requests a
349	349	meeting, the private entity shall hold the meeting not later than
350	350	the 30th day after the date the private entity sent the notice to
351	351	the property owner.
352	352	Sec. 21.034. PROPERTY OWNER INFORMATION MEETING. (a) For
353	353	each contiguous linear section of a proposed project route that is
354	354	equal to or less than 100 miles in length, the private entity shall
355	355	hold a group property owner meeting. For a project that exceeds 100
356	356	miles in length, the private entity shall hold at least one separate
357	357	meeting for each 100-mile segment.
358	358	(b) The private entity shall hold a meeting required under
359	359	Subsection (a) in a centrally located public location:
360	360	(1) appropriate to the size and nature of the meeting;
361	361	and
362	362	(2) as convenient as possible to the majority of
363	363	property owners affected by the project or project segment for
364	364	which the meeting is required.
365	365	(c) The private entity shall hold the meeting in a location
366	366	the travel distance to which is 50 miles or less for the majority of
367	367	property owners who reside on property being acquired for the
368	368	project section or segment for which the meeting is to be held.
369	369	(d) A meeting required under Subsection (a) may not be
370	370	scheduled to begin earlier than 5:30 p.m.
371	371	(e) A meeting required under Subsection (a) may not be held
372	372	before the private entity sends at least 25 percent of the initial
373	373	offers required by Section 21.0113.
374	374	Sec. 21.035. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER
375	375	INFORMATION MEETING. (a) In addition to the property owner and the
376	376	private entity representatives, the following individuals may
377	377	attend a meeting held under Section 21.034:
378	378	(1) an invited relative of the property owner who is
379	379	related to the property owner within the third degree by
380	380	consanguinity or affinity, as determined under Chapter 573,
381	381	Government Code;
382	382	(2) an attorney or licensed appraiser representing the
383	383	property owner;
384	384	(3) an employee or a lessee of the property owner that
385	385	has direct knowledge of the property;
386	386	(4) an employee of an entity with whom the property
387	387	owner has contracted for services to manage the property; or
388	388	(5) a county judge of a county in which all or part of
389	389	the project section or segment for which the meeting is held is
390	390	located.
391	391	(b) A private entity may include in the notice required by
392	392	Section 21.033 a requirement that the property owner identify
393	393	persons described by Subsections (a)(1)-(4) who intend to attend
394	394	the meeting not later than two days before the date of the meeting.
395	395	(c) The number of attendees under Subsections (a)(1)-(4)
396	396	may not exceed five individuals for each separate tract of
397	397	property.
398	398	(d) The private entity may require attendees to provide
399	399	identification and complete a registration form that includes
400	400	contact information.
401	401	(e) The private entity may take reasonable steps to maintain
402	402	safety and decorum at the meeting, including expelling attendees
403	403	who do not meet the requirements of this subchapter.
404	404	(f) The private entity may not deny entry to a property
405	405	owner who provides proper identification.
406	406	Sec. 21.036. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One
407	407	or more representatives designated by the private entity shall:
408	408	(1) attend each meeting required by Section 21.034;
409	409	and
410	410	(2) participate in those meetings in the manner
411	411	prescribed by Section 21.037.
412	412	Sec. 21.037. PROPERTY OWNER INFORMATION MEETING AGENDA.
413	413	(a) At a meeting held under Section 21.034:
414	414	(1) the private entity shall present:
415	415	(A) the information contained in the landowner's
416	416	bill of rights statement required to be provided to a property owner
417	417	under Section 21.0112;
418	418	(B) a description of the public use for which the
419	419	entity wants to acquire the real property;
420	420	(C) the terms required under Section 21.0114 to
421	421	be included in a deed, easement, agreement, or other instrument of
422	422	conveyance provided by the entity to the property owner;
423	423	(D) a description of the method and factors used
424	424	by the entity to determine the entity's initial offer, including:
425	425	(i) how damages to remaining property, if
426	426	any, were evaluated; or
427	427	(ii) the name of the person who prepared the
428	428	appraisal report, comparative market analysis, broker price
429	429	opinion, or market study required under Section 21.0113(c);
430	430	(E) a description of the private entity's
431	431	regulatory filings related to the project;
432	432	(F) the basis for the private entity's exercise
433	433	of eminent domain authority for the project; and
434	434	(G) the name and contact information, as known at
435	435	the time of the meeting, of any third-party contractor to be used by
436	436	the entity to acquire the land or undertake the project; and
437	437	(2) any person who is an authorized attendee of the
438	438	meeting must be given an opportunity at the meeting to ask questions
439	439	and make comments regarding:
440	440	(A) the rights of the property owners;
441	441	(B) the proposed public use for which the real
442	442	property is to be acquired; and
443	443	(C) any terms required under Section 21.0114 to
444	444	be included in a deed, easement, agreement, or other instrument of
445	445	conveyance provided by the private entity to a property owner.
446	446	(b) On request, a private entity shall provide, in written
447	447	or electronic form, the materials presented by the private entity
448	448	at the meeting to a property owner who could not attend the meeting.
449	449	Sec. 21.038. CONTACT AFTER PROPERTY OWNER INFORMATION
450	450	MEETING. A private entity that holds a meeting under Section 21.034
451	451	may not contact a property owner for three days following the date
452	452	of the meeting. Nothing in this section precludes:
453	453	(1) a property owner or an individual allowed to
454	454	attend a meeting held under Section 21.034 from contacting the
455	455	private entity at any time; or
456	456	(2) the private entity from engaging in discussions
457	457	with a person described by Subdivision (1) after that person
458	458	contacts the entity.
459	459	Sec. 21.039. PROCEDURES AFTER PROJECT RE-ROUTE. If any
460	460	part of the project is re-routed after any meeting is held under
461	461	Section 21.034, the private entity shall, with respect to that
462	462	re-route only, comply with the provisions of this subchapter with
463	463	respect to tracts along the re-route.
464	464	Sec. 21.0391. PRIVATE ENTITY NONCOMPLIANCE. (a) A private
465	465	entity subject to this subchapter may not proceed with a special
466	466	commissioners' hearing against a property owner unless the private
467	467	entity has held a meeting required under this subchapter.
468	468	(b) If a court hearing a suit under this chapter determines
469	469	that a private entity did not comply with the applicable provisions
470	470	of this subchapter, the court shall:
471	471	(1) abate any condemnation proceeding filed by the
472	472	private entity until the private entity has complied with this
473	473	subchapter;
474	474	(2) order the private entity to comply with the
475	475	applicable provisions of this subchapter; and
476	476	(3) order the private entity to pay:
477	477	(A) all costs of the proceeding; and
478	478	(B) any reasonable attorney's fees and other
479	479	professional fees incurred by the property owner that are directly
480	480	related to the entity's failure to comply with the applicable
481	481	provisions of this subchapter.
482	482	(c) A condemnation proceeding that is abated under this
483	483	section may proceed after a court finds that the private entity has
484	484	complied with the applicable provisions of this subchapter.
485	485	Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES
486	486	SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This
487	487	section applies only to a private entity that proposes to exercise
488	488	the power of eminent domain to construct an electric transmission
489	489	line and is subject to the authority of the Public Utility
490	490	Commission of Texas under Chapter 37, Utilities Code.
491	491	(b) A private entity to which this section applies and that
492	492	is required by the Public Utility Commission of Texas to conduct a
493	493	public meeting in connection with the electric transmission line
494	494	project shall present at the meeting:
495	495	(1) the information contained in the landowner's bill
496	496	of rights required to be provided to a property owner under Section
497	497	21.0112;
498	498	(2) the terms required under Section 21.0114 to be
499	499	included in a deed, easement, agreement, or other instrument of
500	500	conveyance provided by the entity to the property owner;
501	501	(3) the name and contact information of any
502	502	third-party contractor or right-of-way agent that will contact a
503	503	property owner or seek access to the property owner's property in
504	504	connection with the project, to the extent available;
505	505	(4) the name and contact information, including direct
506	506	telephone number and e-mail address, for an agent or employee of the
507	507	entity with authority to answer questions about the electric
508	508	transmission line project;
509	509	(5) the method for calculating the value of the
510	510	property being acquired by the entity and the damages, if any, to
511	511	the property owner's remaining property, as part of the entity's
512	512	initial offer to a property owner; and
513	513	(6) a detailed summary of procedures for right-of-way
514	514	acquisition after the route for the electric transmission line has
515	515	been selected.
516	516	(c) The private entity must give property owners the
517	517	opportunity to ask the entity questions regarding eminent domain
518	518	and right-of-way acquisition at the meeting.
519	519	(d) After the Public Utility Commission of Texas adopts a
520	520	route for the electric transmission line, the entity shall provide
521	521	by letter to each property owner on the route:
522	522	(1) a copy of the entity's draft easement form
523	523	containing a statement of the terms required by Section 21.0114 to
524	524	be included in a deed, easement, agreement, or other instrument of
525	525	conveyance provided by the entity to the property owner;
526	526	(2) an explanation of the initial offer process and
527	527	the basis for calculating the value of the property being acquired
528	528	by the entity and the damages, if any, to the property owner's
529	529	remaining property as part of the initial offer required by Section
530	530	21.0113;
531	531	(3) a statement of the property owner's right under
532	532	Section 21.0113 to receive a copy of the written appraisal with the
533	533	final offer, if a copy of the written appraisal has not previously
534	534	been provided to the property owner by the entity;
535	535	(4) an explanation of the negotiation process,
536	536	including the name and contact information of any right-of-way
537	537	agent who will be participating in the process; and
538	538	(5) the name and contact information, including the
539	539	direct telephone number and e-mail address, for an agent or
540	540	employee of the entity with authority to answer questions about the
541	541	electric transmission line project.
542	542	(e) On request, a private entity shall provide, in written
543	543	or electronic form, the materials presented by the private entity
544	544	at the meeting to a property owner who could not attend the meeting.
545	545	SECTION 7. Section 21.042, Property Code, is amended by
546	546	adding Subsection (d-1) to read as follows:
547	547	(d-1) In estimating injury or benefit under Subsection (c)
548	548	in a condemnation proceeding relating to the acquisition of real
549	549	property by a private entity as defined by Section 21.0114 for a
550	550	pipeline or electric transmission project, the special
551	551	commissioners shall consider, in addition to the considerations
552	552	required under Subsection (d), an injury or benefit to the
553	553	remaining property as a result of:
554	554	(1) the characteristics, size, or visibility of any
555	555	infrastructure on the condemned property;
556	556	(2) any limitation of future expansion of the
557	557	remaining property; and
558	558	(3) terms of the easement acquired in connection with,
559	559	or the alignment of an easement in connection with, the
560	560	condemnation.
561	561	SECTION 8. (a) Except as provided by Subsection (b) of this
562	562	section, the changes in law made by this Act to Chapter 21, Property
563	563	Code, apply only to the acquisition of real property in connection
564	564	with an initial offer made under Chapter 21, Property Code, on or
565	565	after the effective date of this Act. An acquisition of real
566	566	property in connection with an initial offer made under Chapter 21,
567	567	Property Code, before the effective date of this Act is governed by
568	568	the law applicable to the acquisition immediately before the
569	569	effective date of this Act, and that law is continued in effect for
570	570	that purpose.
571	571	(b) Section 21.0392, Property Code, as added by this Act,
572	572	applies only to a public meeting required under Chapter 37,
573	573	Utilities Code, held on or after the effective date of this Act.
574	574	SECTION 9. This Act takes effect September 1, 2025.