Texas 2025 - 89th Regular

Texas Senate Bill SB1009

Filed

1/29/25

Out of Senate Committee

Voted on by Senate

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

Relating to the adoption of the Uniform Easement Relocation Act.

Impact

Should SB 1009 be enacted, it would significantly impact property owners, easement holders, and legal practitioners in Texas by clarifying the rights and responsibilities of parties involved in easement relocation. The legislation lays down specific guidelines that must be followed, thereby potentially reducing the number of legal disputes related to easement relocations. This means that once approved by a court, easements can be relocated without triggering various legal complications, creating a more predictable legal environment for existing and future easement agreements.

Summary

Senate Bill 1009, known as the Uniform Easement Relocation Act, seeks to standardize the process of relocating easements within property law across Texas. The bill introduces a new subchapter to Chapter 5 of the Property Code that provides a clear framework for how easements can be relocated, outlining various aspects such as definitions, eligibility criteria, and the procedure for civil actions pertaining to easement relocation. Through this standardization, the bill aims to alleviate disputes and confusion that may arise from inconsistent practices concerning easement relocations.

Contention

Despite its intentions to simplify easement relocations, the bill may face scrutiny and contention among property owners and legal experts. Particular concerns might arise regarding the interpretation of what constitutes a 'material' change in utility for easements and the implications of such relocations on the rights of the easement holders. The measure might also be seen as tipping the balance of property rights in favor of servient estate owners, raising debates about fairness and the protection of existing easement agreements.

Texas Constitutional Statutes Affected

Property Code

Chapter 5. Conveyances
- Section: New Section

Latest SB1009 Activity

Companion Bills

No companion bills found.

Previously Filed As

TX SB1779

Relating to the adoption of the Uniform Electronic Estate Planning Documents Act.

TX HB5403

Relating to the creation of the Manvel Sports Facilities District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2613

Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.

TX HB5376

TX SB2594

Relating to the creation of the Liberty County Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5351

Relating to the creation of the Liberty County Management District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5400

Relating to the creation of the Presidio International Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2614

Relating to the creation of the Presidio International Port Authority District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB1418

Relating to the route designation for the issuance of a permit for the movement of oversize and overweight vehicles in certain counties.

TX HB5363

Relating to the creation of the Jones Avenue Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.