By:  Sims                                              S.B. No. 966
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to notice given to landowners by a common carrier.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 111.019, Natural Resources Code, is
    1-4  amended to read as follows:
    1-5        Sec. 111.019.  Right of Eminent Domain.  (a)  Common carriers
    1-6  have the right and power of eminent domain.
    1-7        (b)  In the exercise of the power of eminent domain granted
    1-8  under the provisions of Subsection (a) of this section, a common
    1-9  carrier may enter on and condemn the land, rights-of-way,
   1-10  easements, and property of any person or corporation necessary for
   1-11  the construction, maintenance, or operation of the common carrier
   1-12  pipeline.
   1-13        (c)  Common carriers shall have an affirmative duty to
   1-14  disclose to the landowner of the proposed right-of-way copies of
   1-15  the same tariffs and material safety data sheets concerning the
   1-16  commodities to be transported by the common carrier required by the
   1-17  commission and the Emergency Planning and Community Right-to-Know
   1-18  Act of 1986 (42 U.S.C. Section 11001 et seq.).  Disclosure to the
   1-19  landowner in the case of material safety data sheets shall be in
   1-20  writing and must be given to the landowner not less than 30 days
   1-21  prior to acquisition of the right-of-way unless this notice
   1-22  provision is knowingly waived in writing by the landowner.
   1-23  Disclosure to the landowner in the case of tariffs shall be in
    2-1  writing and must be given to the landowner not later than 30 days
    2-2  after filing the tariffs with any public authority.  Failure of the
    2-3  common carrier to provide timely notice shall entitle the landowner
    2-4  to seek legal and equitable relief with the common carrier to bear
    2-5  costs and attorney fees for any successful landowner action under
    2-6  this subsection.
    2-7        SECTION 2.  Section 111.139, Natural Resources Code, is
    2-8  amended to read as follows:
    2-9        Sec. 111.139.  REPORTS.  (a)  The commission shall require
   2-10  each common carrier to make reports including duly verified monthly
   2-11  reports of:
   2-12              (1)  the total quantities of crude petroleum owned by
   2-13  the common carrier in the state;
   2-14              (2)  the total quantities of crude petroleum held by
   2-15  the common carrier in storage for others in the state; and
   2-16              (3)  the common carrier's unfilled storage capacity.
   2-17        (b)  The commission shall give no publicity to the stock of
   2-18  crude petroleum on hand of any particular common carrier, but the
   2-19  commission may, in its discretion, make public the aggregate
   2-20  amounts held by all common carriers making reports and their
   2-21  aggregate storage capacity.
   2-22        (c)  The commission shall require each common carrier to
   2-23  mail, return receipt requested, a copy of all spill, leak, or
   2-24  accident reports required by the commission to owners of land
   2-25  affected by the spill, leak, or accident within 30 days of filing
    3-1  the report with the commission.  If the acquisition of the
    3-2  right-of-way occurred more than five years prior to the filing of
    3-3  the report and the owners of the land are not known to the common
    3-4  carrier or registered with the commission, the common carrier is
    3-5  relieved of the requirement to mail notice.  The commission shall
    3-6  provide for the voluntary registration of the owners of land that
    3-7  have granted common carrier pipeline easements.
    3-8        SECTION 3.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended,
   3-13  and that this Act take effect and be in force from and after its
   3-14  passage, and it is so enacted.