78R5024 PAM-D

By:  Jones of Bexar                                               H.B. No. 2006


A BILL TO BE ENTITLED
AN ACT
relating to the construction and maintenance of utility, common carrier, and energy transporter facilities along, over, under, or across a railroad right-of-way. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The purpose of this Act is to: (1) create uniform laws relating to the construction and maintenance of utility, common carrier, and energy transporter facilities along, over, under, or across a railroad right-of-way; and (2) grant utilities, common carriers, and energy transporters certain rights, privileges, and responsibilities and provide a uniform process for those entities to obtain easements or other rights to construct and maintain their facilities in railroad rights-of-way in this state. SECTION 2. Chapter 186, Utilities Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. CONSTRUCTION AND MAINTENANCE OF FACILITIES ALONG, OVER, UNDER, OR ACROSS RAILROAD RIGHT-OF-WAY
Sec. 186.051. DEFINITIONS. In this subchapter: (1) "Common carrier" means a common carrier as described by Section 111.002, Natural Resources Code, or a person who submits to regulation by the state as a common carrier under Article 2.01, Texas Business Corporation Act. (2) "Energy transporter" means a pipeline used for gathering or transporting oil, gas, or oil and gas products. (3) "Fair market value" means the difference in value of the railroad right-of-way before and after the condemnation by the utility, common carrier, or energy transporter. If only part of the railroad right-of-way is taken by the utility, common carrier, or energy transporter, the compensation for the partial taking includes any decrease in value of the remainder. The valuation of the land adjacent to the railroad right-of-way is used in determining the fair market value of the real property interest taken. (4) "Railroad" means an entity who owns, operates, or controls a railroad or property or assets owned or previously owned by a railroad in this state, including agents, assignees, or parties who by contract own, control, or manage railroad rights-of-way, easements, or other real property rights belonging to a railroad. The term includes interurban and street railroads. (5) "Railroad right-of-way" means the real property rights owned or controlled by a railroad, including fee and easement interests. (6) "Utility" means a gas, water, electric, or telecommunications entity that is defined as a utility under the laws of this state. Sec. 186.052. EXEMPTIONS. (a) The inclusion of an energy transporter in this subchapter does not subject the transporter to regulation as a utility or common carrier. (b) The inclusion of a common carrier in this subchapter does not subject the carrier to regulation as a utility. Sec. 186.053. CONSTRUCTION AND MAINTENANCE OF UTILITY AND COMMON CARRIER FACILITIES. A utility, common carrier, or energy transporter has the right to construct and maintain its facilities along, over, under, or across a railroad or railroad right-of-way. Sec. 186.054. DOCUMENTATION OF RIGHTS ACQUIRED. If a railroad requires a utility, common carrier, or energy transporter to obtain from the railroad a right to use a railroad right-of-way, the railroad shall produce, if requested, the documentation that demonstrates the extent of the railroad's right, title, or interest in the property sought to be used by the utility, common carrier, or energy transporter. If the railroad has no demonstrable real property interest in the property sought to be used or no right to grant an easement along, over, under, or across the railroad right-of-way, the utility, common carrier, or energy transporter does not owe the railroad compensation for the use of the property. Sec. 186.055. VALUATION OF RIGHTS ACQUIRED. (a) In the absence of an agreement for the right to use a railroad right-of-way, a utility, common carrier, or energy transporter may obtain the right to use the right-of-way through the exercise of eminent domain. (b) The compensation due the railroad under an eminent domain proceeding is the fair market value of the real property interest to be used. The value includes only the value of the property interest owned by the railroad and sought to be used by the utility, common carrier, or energy transporter. (c) The property interest may not be valued at more than the valuation of the real property adjacent to the right-of-way. (d) The railroad may recover the cost to repair any damage to its facilities caused by the construction or maintenance of the utility, common carrier, or energy transporter facilities. (e) The payment by the utility, common carrier, or energy transporter determined under this section is the only compensation due to the railroad for the perpetual use of the interest obtained. Sec. 186.056. RIGHT TO MAINTAIN FACILITIES. During the pendency of the condemnation proceedings or negotiations for the purchase of the right to use a railroad right-of-way, the utility, common carrier, or energy transporter may not be required to remove any existing facilities. Sec. 186.057. CUMULATIVE RIGHTS AND RESPONSIBILITIES. The rights, privileges, and responsibilities provided by this subchapter are in addition to and not in substitution for those rights granted by any other law of this state. SECTION 3. This Act takes effect September 1, 2003.