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A BILL TO BE ENTITLED
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AN ACT
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relating to condemnation of municipal property for, and municipal |
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regulation of, pipeline operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2206, Government Code, is amended by |
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adding Section 2206.003 to read as follows: |
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Sec. 2206.003. FORMAL NEGOTIATION PROCEDURES REQUIRED IN |
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CERTAIN CIRCUMSTANCES. (a) A pipeline operator with eminent |
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domain authority that wants to acquire an easement for a public use |
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on real property owned by a municipality shall provide notice to the |
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municipality of the proposed placement of the pipeline and allow |
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time for the municipality to take action under Subsection (b) |
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before filing a condemnation petition under Chapter 21, Property |
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Code. |
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(b) Not later than the 60th day after the date the pipeline |
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operator notifies the municipality under Subsection (a), the |
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municipality shall: |
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(1) consent to the pipeline placement; or |
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(2) suggest a feasible alternative placement for the |
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pipeline based on the municipality's consideration of: |
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(A) the municipality's comprehensive plan; |
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(B) corridor development and planning for the |
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area; |
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(C) transit development and planning for the |
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area; and |
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(D) economic development and planning for the |
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area. |
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(c) A municipality's proposal under Subsection (b)(2) must |
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not unreasonably prevent a pipeline operator from accomplishing the |
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purpose for which the pipeline operator seeks to acquire the |
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property. |
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(d) If a pipeline operator and a municipality are unable to |
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agree on the placement of a pipeline on real property owned by the |
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municipality, the pipeline operator may file a condemnation |
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petition under Chapter 21, Property Code. A municipality that has |
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proposed an alternative placement for the pipeline under Subsection |
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(b) may move that the court determine whether that proposed |
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placement is more reasonable than the placement proposed by the |
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pipeline operator. If the court determines the municipality's |
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proposal is more reasonable than the pipeline operator's proposal, |
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the court shall condition the pipeline operator's acquisition of |
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the property interest on the implementation of the municipality's |
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proposed placement. |
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SECTION 2. Chapter 229, Local Government Code, is amended |
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by adding Section 229.004 to read as follows: |
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Sec. 229.004. REGULATION OF CERTAIN PIPELINE ACTIVITIES. A |
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municipality by ordinance may regulate the placement, inspection, |
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and maintenance of, and construction materials used for, the |
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following items used by a gas pipeline operator and located within |
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the municipality's corporate boundaries: |
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(1) gas pipelines used as gathering lines; |
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(2) pumps; |
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(3) compressors; |
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(4) separators; |
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(5) dehydration units; and |
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(6) tank batteries. |
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SECTION 3. This Act takes effect September 1, 2011. |