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Amend CSSB 11 by adding the following appropriately numbered
article to the bill and renumbering subsequent articles and
sections as appropriate:
ARTICLE ____ INFORMATION PROVIDED BY CRITICAL INFRASTRUCTURE
ENTITIES
SECTION ____.01. Subchapter B, Chapter 21, Property Code, is
amended by adding Section 21.024 to read as follows:
Sec. 21.024. PRODUCTION OF INFORMATION BY CERTAIN ENTITIES
CONSIDERED TO BE CRITICAL INFRASTRUCTURE. (a) A utility, a common
carrier or a transporter of oil, gas or the products of oil or gas is
considered to be within the definition of critical infrastructure
under Government Code Section 421.001. Notwithstanding any other
law, an entity which is considered critical infrastructure and
which is authorized by law to take private property through the use
of eminent domain is required to produce information as provided by
this section if the information is requested by a person who owns
property that is the subject of a proposed or existing eminent
domain proceeding, but only if the information is related to the
taking of the person's private property by the entity through the
use of eminent domain.
(b) An entity described by Subsection (a) is required under
this section only to produce information relating to the
condemnation of the specific property owned by the requestor as
described in the request. A request under this section must contain
sufficient details to allow the entity to identify the specific
tract of land in relation to which the information is sought.
(c) The entity shall respond to a request in accordance with
the Texas Rules of Civil Procedure as if the request was made in a
matter pending before a state district court.
(d) Exceptions to disclosure provided by this chapter and the
Texas Rules of Civil Procedure apply to the disclosure of
information under this section.
(e) Jurisdiction to enforce the provisions of this section
resides in:
(1) the court in which the condemnation was initiated;
or
(2) if the condemnation proceeding has not been
initiated:
(A) a court that would have jurisdiction over a
proceeding to condemn the requestor's property; or
(B) a court in the county in which the entity has
its principal place of business that has jurisdiction over
condemnation proceedings under this chapter.
(f) If the entity refuses to produce information requested in
accordance with this section and the court determines the refusal
violates this section, the court may award the requestor's
reasonable attorney's fees incurred to compel the production of the
information.
(g) If an entity that received a request in accordance with
this section does not produce the requested information on or
before the 30th day after the request is made, the attorney general
may file an action in a court described by Subsection (e) to enforce
this section on the request of the person who made the request for
the information. If the court determines that the failure to
produce the information is a violation of this section, the court
may award the attorney general's reasonable expenses incurred to
compel the production of the information.
(h) If the attorney general files an action under subsection
(g), the person who requested that the attorney general file the
action may not file a private action to enforce this section with
respect to the same request for information.
(i) Section 552.0037, Government Code, is repealed as to
those entities described in Subsection (a).