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A BILL TO BE ENTITLED
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AN ACT
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relating to certain right-of-way easements on land owned by the |
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Parks and Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.002(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The provisions of this chapter apply to: |
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(1) land owned by the [Texas] Parks and Wildlife |
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Department, except as provided by Section 34.064(c); and |
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(2) land owned by the Texas Department of Criminal |
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Justice. |
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SECTION 2. Section 34.064(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The provisions of this section: |
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(1) do not apply to land owned by the Parks and |
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Wildlife Department on which an easement may be granted under |
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Section 11.301, Parks and Wildlife Code; |
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(2) do not apply to land owned by the state as a part of |
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the penitentiary system; and |
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(3) do not repeal Section 496.004, Government Code |
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[Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
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Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
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Statutes)]. |
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SECTION 3. Chapter 11, Parks and Wildlife Code, is amended |
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by adding Subchapter L to read as follows: |
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SUBCHAPTER L. GRANT OR LEASE OF LAND |
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Sec. 11.301. EASEMENTS. (a) The commission may grant, |
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lease, or renew permanent or temporary right-of-way easements on |
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department land for: |
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(1) public highways, roads and streets, and ditches; |
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(2) electric lines and pipelines, including necessary |
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wires, pipes, poles, and other equipment used to transmit, convey, |
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or distribute water, electricity, gas, oil, or similar substances |
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or commodities; |
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(3) electrical substations; |
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(4) equipment stations, vaults, cabinets, poles, |
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power pedestals, and underground lines, circuits, and conduits, and |
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other equipment used in the provision of communication services; or |
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(5) the provision of utilities for the operation of |
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facilities of the department and roadways for access to facilities |
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of the department. |
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(b) Except as provided by this subsection, the commission |
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may not grant or lease an easement unless the commission receives |
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the fair market value as consideration for the grant or lease. |
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Consideration for an easement may include goods and services. The |
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commission may grant without consideration a state highway easement |
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to the Texas Department of Transportation, a roadway easement to a |
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county for connecting roads between state highways, easements to |
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utility providers for utilities to serve department facilities, and |
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roadway easements to a city or county to provide roadways for |
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department facilities. |
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(c) A grant or lease must contain a full reservation of |
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minerals in and under the land. The commission may impose other |
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fair and reasonable conditions, covenants, and provisions. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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