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  -------------------------------------------------------------------