By Turner of Coleman, Hilderbran, H.B. No. 714 Black, Junell Substitute the following for H.B. No. 714: By West C.S.H.B. No. 714 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 Code, 1-5 is amended by adding Section 111.0194. PIPELINE EASEMENTS. (a) 1-6 Unless the terms of the grant or the condemnation judgement 1-7 expressly provide otherwise, or the easement rights otherwise 1-8 prescriptively owned through actual use are greater, an easement 1-9 created through grant or through the power of eminent domain for 1-10 the benefit of a single common carrier pipeline which exercises the 1-11 power of eminent domain under Section 111.019, Natural Resources 1-12 Code as of the effective date of this Act, is presumed to create an 1-13 easement in favor of the common carrier pipeline, or a successor in 1-14 interest to the common carrier pipeline, that extends only a width 1-15 of 50 feet as to each pipeline laid under the grant or judgment in 1-16 eminent domain prior to September 1, 1993. 1-17 (b) The presumption in paragraph (a) is not applicable to 1-18 pipeline easements of a common carrier pipeline granted under the 1-19 terms of an oil and gas lease or oil, gas and mineral lease, or to 1-20 any easement which authorizes the construction of gathering lines. 1-21 (c) The presumption set out in paragraph (a) on the 1-22 limitation of width may be rebutted by evidence on behalf of the 1-23 common carrier pipeline that a greater width is reasonably needed 1-24 for purposes of operation, construction of additional lines under 2-1 the grant or judgment in an eminent domain proceeding, maintenance, 2-2 repair, replacement, safety, surveillance or as a buffer zone for 2-3 protection of the safe operation of the common carrier pipeline 2-4 together with such other evidence as a court may deem relevant to 2-5 establish the extent of an easement in excess of 50 feet in width. 2-6 (d) The presumption in paragraph (a) shall apply separately 2-7 as to each pipeline under a grant or judgment which allows more 2-8 than one pipeline on the subservient estate. 2-9 (e) This section shall not be deemed to limit any rights of 2-10 ingress to or egress from easements that may exist under common 2-11 law. 2-12 SECTION 2. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and imperative public necessity that the constitutional 2-15 rule requiring bills to be read on three several days in each house 2-16 be suspended and this rule is hereby suspended, and that this Act 2-17 take effect and be in force from and after its passage, and it is 2-18 so enacted.