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. 11.019.  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.  Disclosure to the landowner shall be in writing and must be
   1-19  given to the landowner not less than thirty (30) days prior to
   1-20  acquisition of said right-of-way unless this notice provision is
   1-21  knowingly waived in writing by the landowner.  Failure of the
   1-22  common carrier to provide this timely notice shall entitle the
   1-23  landowner to seek legal and equitable relief with the common
    2-1  carrier to bear costs and attorney's fees for any successful
    2-2  landowner action under this subsection.
    2-3        SECTION 2.  Section 11.139, Natural Resources Code is amended
    2-4  to read as follows:
    2-5        Sec. 11.139.  REPORTS.  (a)  The commission shall require
    2-6  each common carrier to make reports including duly verified monthly
    2-7  reports of:
    2-8              (1)  the total quantities of crude petroleum owned by
    2-9  the common carrier in the state;
   2-10              (2)  the total quantities of crude petroleum held by
   2-11  the common carrier in storage for others in the state; and
   2-12              (3)  the common carrier's unfilled storage capacity.
   2-13        (b)  The commission shall give no publicity to the stock of
   2-14  crude petroleum on hand of any particular common carrier, but the
   2-15  commission may, in its discretion, make public the aggregate
   2-16  amounts held by all common carriers making reports and their
   2-17  aggregate storage capacity.
   2-18        (c)  The commission shall require each common carrier to
   2-19  mail, return receipt requested, a copy of all spill, leak, or
   2-20  accident reports required by the commission to owners of land
   2-21  affected by the spill, leak, or accident within 30 days of filing
   2-22  the report with the commission.
   2-23        SECTION 3.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended,
    3-3  and that this Act take effect and be in force according to its
    3-4  terms, and it is so enacted.