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.