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 -------------------------------------------------------------------