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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition of real property for a proposed oil and |
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gas pipeline through eminent domain by a common carrier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Property Code, is amended by adding |
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Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. ADDITIONAL PROCEDURES FOR ACQUISITION OF CERTAIN |
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PROPERTY BY COMMON CARRIER |
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Sec. 21.031. DEFINITION. In this subchapter, "common |
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carrier" means a common carrier governed by Chapter 111, Natural |
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Resources Code. |
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Sec. 21.032. NOTICE OF INTENT BY COMMON CARRIER. (a) A |
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common carrier that intends to exercise eminent domain authority to |
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acquire real property for the construction and operation of an oil |
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and gas pipeline must send a written notice of intent to: |
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(1) the county judge of: |
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(A) the county in which the proposed pipeline |
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route is located; and |
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(B) each county the territorial boundaries of |
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which are located within five miles of the location of the proposed |
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pipeline route; and |
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(2) if applicable, the board of directors of: |
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(A) any groundwater conservation district |
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governed by Chapter 36, Water Code, in which the proposed pipeline |
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route is located; and |
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(B) each groundwater conservation district |
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governed by Chapter 36, Water Code, the territorial boundaries of |
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which are located within five miles of the location of the proposed |
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pipeline route. |
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(b) A notice sent under Subsection (a) must: |
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(1) state the common carrier's intent to acquire real |
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property for public use; |
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(2) specify that the public use is the construction |
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and operation of an oil and gas pipeline; |
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(3) identify the real property the common carrier |
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intends to acquire and the owners of the property; and |
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(4) identify and provide contact information for all |
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recipients of the notice. |
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Sec. 21.033. PROHIBITED CONTACT BEFORE NOTICE PROVIDED. A |
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common carrier may not contact any property owner identified in the |
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notice of intent until after the seventh day after the date the |
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notice of intent is sent under Section 21.032. |
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Sec. 21.034. PUBLIC MEETING. (a) The recipients of a |
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notice under Section 21.032 shall confer and, not later than the |
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60th day after the date the last recipient receives notice, the |
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county judge or judges and board or boards of directors, as |
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applicable, may jointly select a date on which a public meeting will |
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be held to consider the proposed pipeline route. |
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(b) If a public meeting is scheduled under Subsection (a), |
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the meeting must take place in a public location appropriate to the |
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size and nature of the meeting in a county or county and groundwater |
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conservation district, as applicable, through which the proposed |
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route will pass. |
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Sec. 21.035. NOTICE OF PUBLIC MEETING. (a) As soon as |
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practicable after the date for the public meeting under Section |
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21.034 is selected, a county judge or a member of a board of |
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directors of a groundwater conservation district jointly |
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designated by the notice recipients shall give notice of the |
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meeting to the common carrier. |
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(b) Not later than the 30th day before the date of the public |
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meeting, notice of the public meeting shall be published: |
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(1) by each county judge of a county that received |
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notice under Section 21.032 on that county's Internet website; |
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(2) if applicable, by each board of directors of a |
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groundwater conservation district that received notice under |
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Section 21.032 on that district's Internet website; and |
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(3) in a newspaper of general circulation in each |
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county described by Subdivision (1) and, if applicable, in each |
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groundwater conservation district described by Subdivision (2). |
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(c) A notice of public meeting under this section must |
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include the date, time, and location of the meeting. |
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Sec. 21.036. PARTICIPATION BY COMMON CARRIER. A |
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representative of a common carrier that gives notice of intent |
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under Section 21.032 shall attend and participate in any public |
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meeting scheduled under Section 21.034. |
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Sec. 21.037. OFFERS BY CERTAIN COMMON CARRIERS PROHIBITED. |
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A common carrier that does not attend and participate in a public |
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meeting as required by Section 21.036 may not make a bona fide offer |
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described by Section 21.0113. |
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SECTION 2. This Act takes effect September 1, 2019. |