1-1 By: Sims S.B. No. 966
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 20, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 20, 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 notice given to landowners by a common carrier.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 111.019, Natural Resources Code, is
1-24 amended to read as follows:
1-25 Sec. 111.019. Right of Eminent Domain. (a) Common carriers
1-26 have the right and power of eminent domain.
1-27 (b) In the exercise of the power of eminent domain granted
1-28 under the provisions of Subsection (a) of this section, a common
1-29 carrier may enter on and condemn the land, rights-of-way,
1-30 easements, and property of any person or corporation necessary for
1-31 the construction, maintenance, or operation of the common carrier
1-32 pipeline.
1-33 (c) Common carriers shall have an affirmative duty to
1-34 disclose to the landowner of the proposed right-of-way copies of
1-35 the same tariffs and material safety data sheets concerning the
1-36 commodities to be transported by the common carrier required by the
1-37 commission and the Emergency Planning and Community Right-to-Know
1-38 Act of 1986 (42 U.S.C. Section 11001 et seq.). Disclosure to the
1-39 landowner shall be in writing and must be given to the landowner
1-40 not less than 30 days prior to acquisition of the right-of-way
1-41 unless this notice provision is knowingly waived in writing by the
1-42 landowner. Failure of the common carrier to provide timely notice
1-43 shall entitle the landowner to seek legal and equitable relief with
1-44 the common carrier to bear costs and attorney fees for any
1-45 successful landowner action under this subsection.
1-46 SECTION 2. Section 111.139, Natural Resources Code, is
1-47 amended to read as follows:
1-48 Sec. 111.139. REPORTS. (a) The commission shall require
1-49 each common carrier to make reports including duly verified monthly
1-50 reports of:
1-51 (1) the total quantities of crude petroleum owned by
1-52 the common carrier in the state;
1-53 (2) the total quantities of crude petroleum held by
1-54 the common carrier in storage for others in the state; and
1-55 (3) the common carrier's unfilled storage capacity.
1-56 (b) The commission shall give no publicity to the stock of
1-57 crude petroleum on hand of any particular common carrier, but the
1-58 commission may, in its discretion, make public the aggregate
1-59 amounts held by all common carriers making reports and their
1-60 aggregate storage capacity.
1-61 (c) The commission shall require each common carrier to
1-62 mail, return receipt requested, a copy of all spill, leak, or
1-63 accident reports required by the commission to owners of land
1-64 affected by the spill, leak, or accident within 30 days of filing
1-65 the report with the commission.
1-66 SECTION 3. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 April 20, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Natural Resources to which was referred S.B.
2-13 No. 966, have had the same under consideration, and I am instructed
2-14 to report it back to the Senate with the recommendation that it do
2-15 pass and be printed.
2-16 Sims,
2-17 Chairman
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: John D. Pieratt x
2-23 Representing: Lee County Landowners
2-24 City: Austin
2-25 -------------------------------------------------------------------
2-26 Name: Lawrence J. Dreyfuss x
2-27 Representing: Scurlock Permian
2-28 City: Houston
2-29 -------------------------------------------------------------------
2-30 Name: Wendell Excell Howard x
2-31 Representing: Koch Industries, Inc.
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Ben Sebree x
2-35 Representing: Tx Mid-Cont Oil & Gas Assn
2-36 City: Austin
2-37 -------------------------------------------------------------------
2-38 Name: Floyd B. Bowen x
2-39 Representing: Exxon Corporation
2-40 City: Austin
2-41 -------------------------------------------------------------------