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Amend CSSB 3 by adding the following appropriately numbered
SECTION to Article 2 and renumbering the SECTIONS of the article
accordingly:
SECTION 2.____. Subchapter H, Chapter 49, Water Code, is
amended by adding Section 49.2205 to read as follows:
Sec. 49.2205. USE OF RIGHT-OF-WAY EASEMENTS FOR CERTAIN
ENERGY-RELATED PURPOSES. (a) To foster the generation and
transmission of electricity from clean coal projects, as defined by
Section 5.001, renewable energy technology projects, and the
capture and storage of carbon dioxide and other greenhouse gases, a
district or water supply corporation may allow others to construct,
maintain, and operate transmission lines and pipelines over, under,
across, on, or along rights-of-way and easements of the district or
water supply corporation for transmission of electricity generated
by those projects and the transportation of carbon dioxide and
other greenhouse gases, unless the use:
(1) is incompatible with the public use for which the
easement was acquired or condemned; or
(2) compromises public health or safety.
(b) The district or water supply corporation is not required
to obtain additional consideration for the construction,
maintenance, and operation of the transmission lines and pipelines
under this section if the person constructing, maintaining, and
operating the transmission lines and pipelines bears all costs of
the construction, maintenance, and operation of the transmission
lines and pipelines and restoring the property. The activities
authorized by this subsection may be exercised only with the
consent of and subject to the direction of the governing body of the
district or water supply corporation.
(c) A person that is subject to Subsection (a) that acquires
a right-of-way easement on real property for a public use may
include in the notice of the acquisition a statement that to foster
the generation and transmission of electricity from clean coal
projects as defined by Section 5.001, Water Code, renewable energy
technology projects, and the capture and storage of carbon dioxide
and other greenhouse gases, water districts and water supply
corporations may allow others to construct, maintain, and operate
transmission lines and pipelines over, under, across, on, or along
the rights-of-way and easements for the transmission of electricity
that is generated by those projects and transportation of carbon
dioxide and other greenhouse gases, unless the use:
(1) is incompatible with the public use for which the
easement was acquired or condemned; or
(2) compromises public health or safety.
(d) This section applies only to a right-of-way or easement
acquired by the district or water supply corporation on or after
September 1, 2007.
(e) This section does not apply to a right-of-way or
easement that is used for the transmission of electricity without
the consent of a person owning the transmission lines if that use
began before September 1, 2007.