Texas 2025 - 89th Regular

Texas Senate Bill SB1009 Compare Versions

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1	1	89R2393 DRS-F
2	2	By: Middleton S.B. No. 1009
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the adoption of the Uniform Easement Relocation Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 5, Property Code, is amended by adding
12	12	Subchapter H to read as follows:
13	13	SUBCHAPTER H. UNIFORM EASEMENT RELOCATION ACT
14	14	Sec. 5.251. SHORT TITLE. This subchapter may be cited as
15	15	the Uniform Easement Relocation Act.
16	16	Sec. 5.252. DEFINITIONS. In this subchapter:
17	17	(1) "Appurtenant easement" means an easement tied to
18	18	or dependent on ownership or occupancy of a unit or a parcel of real
19	19	property.
20	20	(2) "Conservation easement" means a nonpossessory
21	21	property interest created for one or more of the following
22	22	conservation purposes:
23	23	(A) retaining or protecting the natural, scenic,
24	24	wildlife, wildlife habitat, biological, ecological, or open space
25	25	values of real property;
26	26	(B) ensuring the availability of real property
27	27	for agricultural, forest, outdoor recreational, or open space uses;
28	28	(C) protecting natural resources, including
29	29	wetlands, grasslands, and riparian areas;
30	30	(D) maintaining or enhancing air or water
31	31	quality;
32	32	(E) preserving the historical, architectural,
33	33	archeological, paleontological, or cultural aspects of real
34	34	property; or
35	35	(F) any other purpose under Chapter 183, Natural
36	36	Resources Code.
37	37	(3) "Dominant estate" means an estate or interest in
38	38	real property benefited by an appurtenant easement.
39	39	(4) "Easement" means a nonpossessory property
40	40	interest that:
41	41	(A) provides a right to enter, use, or enjoy real
42	42	property owned by or in the possession of another; and
43	43	(B) imposes on the owner or possessor a duty not
44	44	to interfere with the entry, use, or enjoyment permitted by the
45	45	instrument creating the easement or, in the case of an easement not
46	46	established by express grant or reservation, the entry, use, or
47	47	enjoyment authorized by law. A duty not to interfere can be
48	48	inferred from the scope and nature of:
49	49	(i) a grant or reservation; or
50	50	(ii) the entry, use, or enjoyment
51	51	authorized by law.
52	52	(5) "Easement holder" means:
53	53	(A) in the case of an appurtenant easement, the
54	54	dominant estate owner; or
55	55	(B) in the case of an easement in gross, public
56	56	utility easement, conservation easement, or negative easement, the
57	57	grantee of the easement or a successor.
58	58	(6) "Easement in gross" means an easement not tied to
59	59	or dependent on ownership or occupancy of a unit or a parcel of real
60	60	property.
61	61	(7) "Lessee of record" means a person holding a
62	62	lessee's interest under a recorded lease or memorandum of lease.
63	63	(8) "Negative easement" means a nonpossessory
64	64	property interest whose primary purpose is to impose on a servient
65	65	estate owner a duty not to engage in a specified use of the estate.
66	66	(9) "Person" means an individual, estate, business or
67	67	nonprofit entity, public corporation, government or governmental
68	68	subdivision, agency, or instrumentality, or other legal entity.
69	69	(10) "Public utility easement" means a nonpossessory
70	70	property interest in which the easement holder is a publicly
71	71	regulated or publicly owned utility under federal law or law of this
72	72	state or a municipality. The term includes an easement benefiting
73	73	an intrastate utility, an interstate utility, a utility
74	74	cooperative, a common carrier pipeline, a county, a municipality,
75	75	or any entity created or operating under:
76	76	(A) Section 52, Article III, Texas Constitution;
77	77	(B) Section 59, Article XVI, Texas Constitution;
78	78	(C) Chapter 375, Local Government Code;
79	79	(D) Chapter 431, Transportation Code; or
80	80	(E) Chapter 49, Water Code.
81	81	(11) "Real property" means an estate or interest in,
82	82	over, or under land, including structures, fixtures, and other
83	83	things that by custom, usage, or law pass with a conveyance of land
84	84	whether or not described or mentioned in the contract of sale or
85	85	instrument of conveyance. The term includes the interest of a
86	86	lessor and lessee and, unless the interest is personal property
87	87	under law of this state other than this subchapter, an interest in a
88	88	common-interest community.
89	89	(12) "Record," used as a noun, means information that
90	90	is inscribed on a tangible medium or that is stored in an electronic
91	91	or other medium and is retrievable in perceivable form.
92	92	(13) "Security instrument" means a mortgage, deed of
93	93	trust, security deed, contract for deed, lease, or other record
94	94	that creates or provides for an interest in real property to secure
95	95	payment or performance of an obligation, whether by acquisition or
96	96	retention of a lien, a lessor's interest under a lease, or title to
97	97	the real property. The term includes:
98	98	(A) a security instrument that also creates or
99	99	provides for a security interest in personal property;
100	100	(B) a modification or amendment of a security
101	101	instrument; and
102	102	(C) a record creating a lien on real property to
103	103	secure an obligation under a covenant running with the real
104	104	property or owed by a unit owner to a common-interest community
105	105	association.
106	106	(14) "Security-interest holder of record" means a
107	107	person holding an interest in real property created by a recorded
108	108	security instrument.
109	109	(15) "Servient estate" means an estate or interest in
110	110	real property that is burdened by an easement.
111	111	(16) "Unit" means a physical portion of a
112	112	common-interest community designated for separate ownership or
113	113	occupancy with boundaries described in a declaration establishing
114	114	the common-interest community.
115	115	(17) "Utility cooperative" means a nonprofit entity
116	116	whose purpose is to deliver a utility service, such as electricity,
117	117	oil, natural gas, water, sanitary sewer, storm water, or
118	118	telecommunications, to its customers or members and includes an
119	119	electric cooperative, rural electric cooperative, rural water
120	120	district, and rural water association.
121	121	Sec. 5.253. SCOPE; EXCLUSIONS. (a) Except as otherwise
122	122	provided in Subsection (b), this subchapter applies to an easement
123	123	established by express grant or reservation or by prescription,
124	124	implication, necessity, estoppel, or other method.
125	125	(b) For purposes of this subchapter, any of the following
126	126	changes or modifications is considered to be a relocation of an
127	127	easement:
128	128	(1) a change to the physical location of an easement;
129	129	(2) a change to the dimensions of an easement; or
130	130	(3) the modification of a blanket, undefined, or
131	131	general easement to define the specific physical location of the
132	132	easement.
133	133	(c) This subchapter may not be used to relocate:
134	134	(1) a public utility easement, conservation easement,
135	135	or negative easement; or
136	136	(2) an easement the proposed location of which would
137	137	encroach on an area of an estate burdened by a conservation easement
138	138	or would interfere with the use or enjoyment of a public utility
139	139	easement or an easement appurtenant to a conservation easement.
140	140	(d) This subchapter does not apply to relocation of an
141	141	easement by consent.
142	142	Sec. 5.254. RIGHT OF SERVIENT ESTATE OWNER TO RELOCATE
143	143	EASEMENT. A servient estate owner may relocate an easement under
144	144	this subchapter only if the relocation does not materially:
145	145	(1) lessen the utility of the easement;
146	146	(2) after the relocation, increase the burden on the
147	147	easement holder in its reasonable use and enjoyment of the
148	148	easement;
149	149	(3) impair an affirmative, easement-related purpose
150	150	for which the easement was created;
151	151	(4) during or after the relocation, impair the safety
152	152	of the easement holder or another entitled to use and enjoy the
153	153	easement;
154	154	(5) during the relocation, disrupt the use and
155	155	enjoyment of the easement by the easement holder or another
156	156	entitled to use and enjoy the easement, unless the servient estate
157	157	owner substantially mitigates the duration and nature of the
158	158	disruption;
159	159	(6) impair the physical condition, use, or value of
160	160	the dominant estate or improvements on the dominant estate; or
161	161	(7) impair the value of the collateral of a
162	162	security-interest holder of record in the servient estate or
163	163	dominant estate, impair a real property interest of a lessee of
164	164	record in the dominant estate, or impair a recorded real property
165	165	interest of any other person in the servient estate or dominant
166	166	estate.
167	167	Sec. 5.255. COMMENCEMENT OF CIVIL ACTION. (a) To obtain an
168	168	order to relocate an easement under this subchapter, a servient
169	169	estate owner must commence a civil action.
170	170	(b) A servient estate owner that commences a civil action
171	171	under Subsection (a):
172	172	(1) shall serve a summons and petition on:
173	173	(A) the easement holder whose easement is the
174	174	subject of the relocation;
175	175	(B) a security-interest holder of record of an
176	176	interest in the servient estate or dominant estate;
177	177	(C) a lessee of record of an interest in the
178	178	dominant estate; and
179	179	(D) except as otherwise provided in Subdivision
180	180	(2), any other owner of a recorded real property interest if the
181	181	relocation would encroach on an area of the servient estate or
182	182	dominant estate burdened by the interest; and
183	183	(2) is not required to serve a summons and petition on
184	184	the owner of a recorded real property interest in oil, gas, or
185	185	minerals unless the interest includes an easement to facilitate
186	186	oil, gas, or mineral development.
187	187	(c) A petition under this section must state:
188	188	(1) the intent of the servient estate owner to seek the
189	189	relocation;
190	190	(2) the nature, extent, and anticipated dates of
191	191	commencement and completion of the proposed relocation;
192	192	(3) the current and proposed locations of the
193	193	easement;
194	194	(4) the reason the easement is eligible for relocation
195	195	under Section 5.253;
196	196	(5) the reason the proposed relocation satisfies the
197	197	conditions for relocation under Section 5.254; and
198	198	(6) that the servient estate owner has made a
199	199	reasonable attempt to notify the holders of any public utility
200	200	easement, conservation easement, or negative easement on the
201	201	servient estate or dominant estate of the proposed relocation.
202	202	(d) At any time before the court renders a final order in an
203	203	action under Subsection (a), a person served under Subsection
204	204	(b)(1)(B), (C), or (D) may file a document, in recordable form, that
205	205	waives the person's rights to contest or obtain relief in
206	206	connection with the relocation or subordinates the person's
207	207	interests to the relocation. On filing of the document, the court
208	208	may order that the person is not required to answer or participate
209	209	further in the action.
210	210	Sec. 5.256. REQUIRED FINDINGS; ORDER. (a) The court may
211	211	not approve relocation of an easement under this subchapter unless
212	212	the servient estate owner:
213	213	(1) establishes that the easement is eligible for
214	214	relocation under Section 5.253; and
215	215	(2) satisfies the conditions for relocation under
216	216	Section 5.254.
217	217	(b) An order under this subchapter approving relocation of
218	218	an easement must:
219	219	(1) state that the order is issued in accordance with
220	220	this subchapter;
221	221	(2) recite the recording data of the instrument
222	222	creating the easement, if any, and any amendments;
223	223	(3) identify the immediately preceding location of the
224	224	easement;
225	225	(4) describe in a legally sufficient manner the new
226	226	location of the easement;
227	227	(5) describe mitigation required of the servient
228	228	estate owner during relocation;
229	229	(6) refer in detail to the plans and specifications of
230	230	improvements necessary for the easement holder to enter, use, and
231	231	enjoy the easement in the new location;
232	232	(7) specify conditions to be satisfied by the servient
233	233	estate owner to relocate the easement and construct improvements
234	234	necessary for the easement holder to enter, use, and enjoy the
235	235	easement in the new location;
236	236	(8) include a provision for payment by the servient
237	237	estate owner of expenses under Section 5.257;
238	238	(9) include a provision for compliance by the parties
239	239	with the obligation of good faith under Section 5.258; and
240	240	(10) instruct the servient estate owner to record an
241	241	affidavit, if required under Section 5.259(a), when the servient
242	242	estate owner substantially completes relocation.
243	243	(c) An order under Subsection (b) may include any other
244	244	provision consistent with this subchapter for the fair and
245	245	equitable relocation of the easement.
246	246	(d) Before a servient estate owner proceeds with relocation
247	247	of an easement under this subchapter, the owner must record, in the
248	248	real property records of each county where the servient estate is
249	249	located, a certified copy of the order under Subsection (b).
250	250	Sec. 5.257. EXPENSES OF RELOCATION. A servient estate
251	251	owner is responsible for reasonable expenses of relocation of an
252	252	easement under this subchapter, including the expense of:
253	253	(1) constructing improvements on the servient estate
254	254	or dominant estate in accordance with an order under Section 5.256;
255	255	(2) during the relocation, mitigating disruption in
256	256	the use and enjoyment of the easement by the easement holder or
257	257	another person entitled to use and enjoy the easement;
258	258	(3) obtaining a governmental approval or permit to
259	259	relocate the easement and construct necessary improvements;
260	260	(4) preparing and recording the certified copy
261	261	required by Section 5.256(d) and any other document required to be
262	262	recorded;
263	263	(5) any title work required to complete the relocation
264	264	or required by a party to the civil action as a result of the
265	265	relocation;
266	266	(6) applicable premiums for title insurance related to
267	267	the relocation;
268	268	(7) any expert necessary to review plans and
269	269	specifications for an improvement to be constructed in the
270	270	relocated easement or on the dominant estate and to confirm
271	271	compliance with the plans and specifications referred to in the
272	272	order under Section 5.256(b)(6);
273	273	(8) payment of any maintenance cost associated with
274	274	the relocated easement that is greater than the maintenance cost
275	275	associated with the easement before relocation; and
276	276	(9) obtaining any third-party consent required to
277	277	relocate the easement.
278	278	Sec. 5.258. DUTY TO ACT IN GOOD FAITH. After the court,
279	279	under Section 5.256, approves relocation of an easement and the
280	280	servient estate owner commences the relocation, the servient estate
281	281	owner, the easement holder, and other parties in the civil action
282	282	shall act in good faith to facilitate the relocation in compliance
283	283	with this subchapter.
284	284	Sec. 5.259. RELOCATION AFFIDAVIT. (a) If an order under
285	285	Section 5.256 requires the construction of an improvement as a
286	286	condition for relocation of an easement, relocation is
287	287	substantially complete, and the easement holder is able to enter,
288	288	use, and enjoy the easement in the new location, the servient estate
289	289	owner shall:
290	290	(1) record, in the real property records of each
291	291	county where the servient estate is located, an affidavit
292	292	certifying that the easement has been relocated; and
293	293	(2) send, by certified mail, a copy of the recorded
294	294	affidavit to the easement holder and parties to the civil action.
295	295	(b) Until an affidavit under Subsection (a) is recorded and
296	296	sent, the easement holder may enter, use, and enjoy the easement in
297	297	the current location, subject to the court's order under Section
298	298	5.256 approving relocation.
299	299	(c) If an order under Section 5.256 does not require an
300	300	improvement to be constructed as a condition of the relocation,
301	301	recording the order under Section 5.256(d) constitutes relocation.
302	302	Sec. 5.260. LIMITED EFFECT OF RELOCATION. (a) Relocation
303	303	of an easement under this subchapter:
304	304	(1) is not a new transfer or a new grant of an interest
305	305	in the servient estate or the dominant estate;
306	306	(2) is not a breach or default of, and does not
307	307	trigger, a due-on-sale clause or other transfer-restriction clause
308	308	under a security instrument, except as otherwise determined by a
309	309	court under law other than this subchapter;
310	310	(3) is not a breach or default of a lease, except as
311	311	otherwise determined by a court under law other than this
312	312	subchapter;
313	313	(4) is not a breach or default by the servient estate
314	314	owner of a recorded document affected by the relocation, except as
315	315	otherwise determined by a court under law other than this
316	316	subchapter;
317	317	(5) does not affect the priority of the easement with
318	318	respect to other recorded real property interests burdening the
319	319	area of the servient estate where the easement was located before
320	320	the relocation; and
321	321	(6) is not a fraudulent conveyance or voidable
322	322	transaction under law.
323	323	(b) This subchapter does not affect any other method of
324	324	relocating an easement permitted under law of this state other than
325	325	this subchapter.
326	326	Sec. 5.261. NON-WAIVER. The right of a servient estate
327	327	owner to relocate an easement under this subchapter may not be
328	328	waived, excluded, or restricted by agreement even if:
329	329	(1) the instrument creating the easement prohibits
330	330	relocation or contains a waiver, exclusion, or restriction of this
331	331	subchapter;
332	332	(2) the instrument creating the easement requires
333	333	consent of the easement holder to amend the terms of the easement;
334	334	or
335	335	(3) the location of the easement is fixed by the
336	336	instrument creating the easement, another agreement, previous
337	337	conduct, acquiescence, estoppel, or implication.
338	338	SECTION 2. Subchapter H, Chapter 5, Property Code, as added
339	339	by this Act, applies to an easement created before, on, or after the
340	340	effective date of this Act.
341	341	SECTION 3. This Act takes effect September 1, 2025.