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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of the power of eminent domain for |
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certain gas corporations when constructing a pipeline for the |
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gathering or transmission of natural gas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 181.004, Utilities Code, is amended to |
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read as follows: |
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Sec. 181.004. CONDEMNATION OF PROPERTY. (a) A gas or |
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electric corporation has the right and power to enter on, condemn, |
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and appropriate the land, right-of-way, easement, or other property |
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of any person or corporation. |
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(b) Notwithstanding Subsection (a) or other law, a gas |
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corporation may not condemn or appropriate property for a project |
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related to constructing a gathering or transmission pipeline for |
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transporting gas for a single producer in a county that: |
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(1) has a population of more than 1.4 million; and |
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(2) is located wholly or partly above a |
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hydrocarbon-producing geological formation in which during the |
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preceding year the Railroad Commission of Texas issued more than |
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2,000 drilling permits authorizing gas wells to be completed. |
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SECTION 2. The change in law made by this Act to Section |
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181.004, Utilities Code, applies only to a condemnation proceeding |
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filed on or after the effective date of this Act. A condemnation |
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proceeding filed before the effective date of this Act is subject to |
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the law in effect on the date of filing, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |