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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of the power of eminent domain by a common |
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carrier pipeline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 111.019, Natural Resources Code, is |
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amended by adding Subsections (d) and (e) to read as follows: |
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(d) In the exercise of the power of eminent domain granted |
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under the provisions of Subsection (a), a common carrier shall make |
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a good faith effort to negotiate with the owner of property sought |
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to be condemned with regard to the particular route or location of |
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the pipeline or incidental facility on the owner's property. The |
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requirement to negotiate provided in this subsection: |
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(1) may not be construed to allow an owner of property |
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to unreasonably refuse to agree to a particular route proposed by |
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the common carrier or to negotiate a route or location of a pipeline |
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or incidental facility on property not owned by the property owner; |
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and |
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(2) is presumed to be satisfied if the common carrier |
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or its employees, contractors, agents, or assigns contact the |
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property owner in person, by telephone, or through certified mail, |
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return receipt requested, and the property owner does not respond |
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before the 15th day after the date of contact. |
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(e) Before entering property for the purpose of making a |
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preliminary survey to be used in the exercise of the power of |
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eminent domain granted under this section, the common carrier or |
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its employees, contractors, agents, or assigns shall obtain from |
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the property owner a written authorization for the right to enter |
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the property. A written authorization under this subsection: |
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(1) may not be unreasonably refused by a property |
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owner; and |
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(2) must: |
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(A) require notice before entering the property |
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under the authorization; |
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(B) require the authorized access to be at a time |
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that is agreeable to both the common carrier and the property owner; |
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(C) limit the right of entry to only the portion |
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of the property that is affected by the proposed pipeline; |
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(D) limit the right of entry to the purpose of |
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conducting surveys; |
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(E) prohibit the cutting, removal, or relocation |
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of a fence for the purpose of conducting the survey without the |
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prompt restoration or repair of the fence; |
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(F) require the restoration of property to be as |
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close as possible to the original condition before entry; |
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(G) require all equipment and tools used in the |
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survey to be removed by a certain date; |
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(H) require the common carrier or its employees, |
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contractors, agents, or assigns to promptly repair or remediate any |
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damage caused by the common carrier or its employees, contractors, |
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agents, or assigns while on the property; |
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(I) provide an indemnification provision in |
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favor of the property owner; |
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(J) require that the property owner, on written |
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request, be provided, at no charge, all non-privileged information |
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gathered from the entry, including surveys, reports, maps, and |
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photographs; and |
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(K) provide for an expiration date for the |
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authorization. |
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SECTION 2. The changes in law made by this Act to Section |
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111.019, Natural Resources Code, apply only to a condemnation |
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proceeding in which the petition is filed on or after the effective |
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date of this Act and to any property condemned through the |
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proceeding. A condemnation proceeding in which the petition is |
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filed before the effective date of this Act and any property |
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condemned through the proceeding are governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |