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
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