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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for a bona fide offer for the acquisition |
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of property by an entity with eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0113, Property Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of this section, the deed, easement, or |
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other instrument provided under Subsection (b)(6)(B) must include: |
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(1) for a pipeline right-of-way easement: |
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(A) the maximum number of pipelines that may be |
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installed in the right-of-way; |
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(B) the outside diameter of each pipeline to be |
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installed in the right-of-way; |
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(C) the type or category of each petroleum |
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product to be transported through the pipelines to be installed in |
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the right-of-way; |
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(D) a reasonable description of any use of the |
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surface of the right-of-way that the entity intends to acquire; |
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(E) a metes and bounds or center line description |
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of the location of the easement; |
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(F) the width of the easement; |
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(G) the depth of the pipeline and amount of |
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cover; |
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(H) a requirement to use the double-ditch method |
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for installation of the pipeline when not bore-drilled; |
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(I) a prohibition from transferring the easement |
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to any other entity, subsidiary, or company that does not have |
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eminent domain authority; |
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(J) a reservation of the property owner's right |
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to grant additional compatible easements in the easement area to |
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other parties; |
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(K) a limit on third-party access to the easement |
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area; |
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(L) a right to damages arising from construction, |
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maintenance, repair, replacement, or future removal of the pipeline |
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in the easement, including any damages to growing crops or |
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livestock; |
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(M) a covenant to lock and close all gates and |
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fences as necessary to prevent damage to or destruction of |
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livestock; |
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(N) a covenant to maintain the right-of-way; and |
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(O) a covenant to repair and restore areas used |
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or damaged outside the easement area to their original condition or |
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better; |
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(2) for an electrical transmission right-of-way |
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easement: |
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(A) the maximum number and spacing of the poles, |
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towers, or other support apparatus to carry electrical lines over |
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the easement; |
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(B) the maximum number and electrical carrying |
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capacity of the lines to be installed in the easement; |
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(C) a reasonable description of any use of the |
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surface of the right-of-way that the entity intends to acquire; |
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(D) a metes and bounds or center line description |
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of the location of the easement; |
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(E) the width of the easement; |
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(F) a reservation of the property owner's right |
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to grant additional compatible easements in the easement area to |
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other parties; |
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(G) a limit on third-party access to the easement |
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area; |
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(H) a right to damages arising from construction, |
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maintenance, repair, replacement, or future removal of lines and |
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support apparatus in the easement, including any damages to growing |
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crops or livestock; |
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(I) a covenant to lock and close all gates and |
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fences as necessary to prevent damage to or destruction of |
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livestock; |
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(J) a covenant to maintain the right-of-way; and |
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(K) a covenant to repair and restore areas used |
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or damaged outside the easement area to their original condition or |
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better; |
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(3) a prohibition against any use of the property |
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being conveyed, other than a use stated in the instrument, without |
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the express written consent of the property owner; |
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(4) a covenant that the entity will indemnify and hold |
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the property owner harmless against any claim brought against the |
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property owner arising out of or relating to the use of condemned |
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property by the entity or the entity's agents or contractors; and |
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(5) a covenant that the entity will secure and keep in |
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full force and effect at all times while the entity continues to use |
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the condemned property a policy or policies of liability insurance: |
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(A) issued by an insurer authorized to issue such |
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policies in this state; |
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(B) insuring the property owner against |
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liability for personal injuries and property damage sustained by |
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any person that arises from or is related to the use of the property |
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by the entity or the entity's agents or contractors; |
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(C) naming the property owner or the owner's |
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successor in title as an insured; and |
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(D) providing limits of liability as specified in |
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the instrument. |
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SECTION 2. Section 21.0113(c), Property Code, as added by |
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this Act, applies only to the acquisition of real property in |
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connection with an initial offer made under Section 21.0113, |
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Property Code, on or after the effective date of this Act. An |
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acquisition of real property in connection with an initial offer |
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made under Section 21.0113, Property Code, before the effective |
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date of this Act is governed by the law applicable to the |
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acquisition immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |