By Turner of Coleman, Hilderbran, H.B. No. 714 Black, Junell A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to pipeline easements. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 111, Natural Resources 1-5 Code, is amended by adding Section 111.0194 to read as follows: 1-6 Sec. 111.0194. PIPELINE EASEMENTS. (a) Unless the terms of 1-7 the grant or the condemnation judgment expressly provide otherwise, 1-8 or the easement rights otherwise prescriptively owned through 1-9 actual use are greater, an easement created through grant or 1-10 through the power of eminent domain for the benefit of a single 1-11 common carrier pipeline for which the power of eminent domain is 1-12 available under Section 111.019 as of the effective date of this 1-13 section, is presumed to create an easement in favor of the common 1-14 carrier pipeline, or a successor in interest to the common carrier 1-15 pipeline, that extends only a width of 50 feet as to each pipeline 1-16 laid under the grant or judgment in eminent domain prior to 1-17 September 1, 1993. 1-18 (b) The presumption in Subsection (a) is not applicable to 1-19 pipeline easements of a common carrier pipeline granted under the 1-20 terms of an oil and gas lease or oil, gas, and mineral lease, or to 1-21 any easement that authorizes the construction of gathering lines. 1-22 (c) The presumption set out in Subsection (a) on the 1-23 limitation of width may be rebutted by evidence on behalf of the 1-24 common carrier pipeline that a greater width is reasonably needed 2-1 for purposes of operation, construction of additional lines under 2-2 the grant or judgment in an eminent domain proceeding, maintenance, 2-3 repair, replacement, safety, or surveillance or as a buffer zone 2-4 for protection of the safe operation of the common carrier pipeline 2-5 together with such other evidence as a court may deem relevant to 2-6 establish the extent of an easement in excess of 50 feet in width. 2-7 (d) The presumption in Subsection (a) shall apply separately 2-8 as to each pipeline under a grant or judgment that allows more than 2-9 one pipeline on the subservient estate. 2-10 (e) This section shall not be deemed to limit any rights of 2-11 ingress to or egress from easements that may exist under the 2-12 original grant, prescriptive right, or common law. 2-13 (f) Nothing herein shall limit or otherwise affect the 2-14 rights of parties engaged in litigation prior to enactment of this 2-15 section. 2-16 SECTION 2. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended, 2-21 and that this Act take effect and be in force from and after its 2-22 passage, and it is so enacted.