78R5024 PAM-D
By: Fraser S.B. No. 914
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.