1-1 By: Turner of Coleman, et al. (Senate Sponsor - Sims) H.B. No. 714 1-2 (In the Senate - Received from the House May 17, 1993; 1-3 May 18, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 21, 1993, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 21, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 A BILL TO BE ENTITLED 1-20 AN ACT 1-21 relating to pipeline easements. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Subchapter B, Chapter 111, Natural Resources 1-24 Code, is amended by adding Section 111.0194 to read as follows: 1-25 Sec. 111.0194. PIPELINE EASEMENTS. (a) Unless the terms of 1-26 the grant or the condemnation judgment expressly provide otherwise, 1-27 or the easement rights otherwise prescriptively owned through 1-28 actual use are greater, an easement created through grant or 1-29 through the power of eminent domain for the benefit of a single 1-30 common carrier pipeline for which the power of eminent domain is 1-31 available under Section 111.019 as of the effective date of this 1-32 section, is presumed to create an easement in favor of the common 1-33 carrier pipeline, or a successor in interest to the common carrier 1-34 pipeline, that extends only a width of 50 feet as to each pipeline 1-35 laid under the grant or judgment in eminent domain prior to 1-36 September 1, 1993. 1-37 (b) The presumption in Subsection (a) is not applicable to 1-38 pipeline easements of a common carrier pipeline granted under the 1-39 terms of an oil and gas lease or oil, gas, and mineral lease, or to 1-40 any easement that authorizes the construction of gathering lines. 1-41 (c) The presumption set out in Subsection (a) on the 1-42 limitation of width may be rebutted by evidence on behalf of the 1-43 common carrier pipeline that a greater width is reasonably needed 1-44 for purposes of operation, construction of additional lines under 1-45 the grant or judgment in an eminent domain proceeding, maintenance, 1-46 repair, replacement, safety, or surveillance or as a buffer zone 1-47 for protection of the safe operation of the common carrier pipeline 1-48 together with such other evidence as a court may deem relevant to 1-49 establish the extent of an easement in excess of 50 feet in width. 1-50 (d) The presumption in Subsection (a) shall apply separately 1-51 as to each pipeline under a grant or judgment that allows more than 1-52 one pipeline on the subservient estate. 1-53 (e) This section shall not be deemed to limit any rights of 1-54 ingress to or egress from easements that may exist under the 1-55 original grant, prescriptive right, or common law. 1-56 (f) Nothing herein shall limit or otherwise affect the 1-57 rights of parties engaged in litigation prior to enactment of this 1-58 section. 1-59 SECTION 2. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended, 1-64 and that this Act take effect and be in force from and after its 1-65 passage, and it is so enacted. 1-66 * * * * * 1-67 Austin, 1-68 Texas 2-1 May 21, 1993 2-2 Hon. Bob Bullock 2-3 President of the Senate 2-4 Sir: 2-5 We, your Committee on Natural Resources to which was referred H.B. 2-6 No. 714, have had the same under consideration, and I am instructed 2-7 to report it back to the Senate with the recommendation that it do 2-8 pass and be printed. 2-9 Sims, 2-10 Chairman 2-11 * * * * * 2-12 WITNESSES 2-13 FOR AGAINST ON 2-14 ___________________________________________________________________ 2-15 Name: David Frederick x 2-16 Representing: Central Tx Land Owners Coalitio 2-17 City: Austin 2-18 -------------------------------------------------------------------