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.