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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of power of eminent domain by private |
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pipeline companies for the construction of common carrier |
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pipelines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES, |
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AND COMMON PURCHASERS, Natural Resources Code, is amended to read |
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as follows: |
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Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Not |
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withstanding section 111.0190 of this chapter, |
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common carriers have |
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the right and power of eminent domain. |
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(b) In the exercise of the power of eminent domain granted |
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under the provisions of Subsection (a) of this section, a common |
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carrier may enter on and condemn the land, rights-of-way, |
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easements, and property of any person or corporation necessary for |
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the construction, maintenance, or operation of the common carrier |
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pipeline. |
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(c) Upon written request by a resident or owner of land |
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crossed by a common carrier pipeline, the common carrier must |
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disclose material data safety sheets concerning the commodities |
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transported by the common carrier required by the commission and |
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the Emergency Planning and Community Right-to-Know Act of 1986 (42 |
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U.S.C. Section 11001 et seq.). Such disclosure must be in writing |
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and must be mailed or delivered to the resident or landowner within |
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30 days of receipt of the request. |
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Sec. 111.0190 NEED FOR TEMPORARY MORATORIUM ON COMMON |
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CARRIERS EXERCISING RIGHT OF EMINENT DOMAIN (a) The natural |
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resources, environment, and vital areas of the state are of utmost |
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importance to the state and its citizens and the State of Texas has |
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an essential public interest in establishing minimum standard for |
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land use in order to protect and preserve its natural resources, |
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environment, and vital areas; and |
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(b) State laws presently grants private pipeline companies |
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the power to acquire property or interests in property through the |
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use of eminent domain; and |
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(c) Technology has significantly advanced in the past |
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decade and the common carrier pipeline industry has also changed; |
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and |
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(d) The vitally important issue of land use impacts |
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associated with common carrier pipelines that are presently in use |
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and being developed for future use merits a detailed study by |
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elected officials and experts in this field to ensure that the |
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exercise of eminent domain by private pipeline companies is carried |
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out in a prudent and responsible manner consistent with this |
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state's essential public interest in establishing minimum |
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standards for land us in order to protect and preserve its natural |
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resources, environment, and vital areas; and |
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(e) A temporary moratorium on the exercise of eminent domain |
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powers of private pipeline companies through September 1, 2021, |
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would provide the legislature with the time to study the need for |
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any changes to land use controls or restrictions related to private |
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pipeline companies seeking to deliver petroleum to residents of |
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this state or other states, including but not limited to those |
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related to siting of common carrier pipelines, and to assess |
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various proposals relating to the eminent domain powers that |
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private pipeline companies presently enjoy, the issuance of certain |
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environmental permits to private pipeline companies, and the |
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enactment of additional laws to ensure the consistency of common |
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carrier pipeline development and operation with the state's land |
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use goals and standards. |
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Sec. 111.01900 TEMPORARY MORATORIUM ON COMMON CARRIERS |
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EXERCISING RIGHT OF EMINENT DOMAIN (a) The powers of eminent |
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domain granted by Sec. 111.019 RIGHT OF EMINENT DOMAIN, Natural |
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Resources Code, to common carrier pipeline companies shall be |
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temporarily suspended starting from the effective date of this |
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subchapter through and including September 1, 2021. |
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(b) Between the effective date of this subchapter and |
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September 1, 2021: |
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(1) No private common carrier pipeline company shall |
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exercise any eminent domain powers, including, without limitation, |
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condemning any property through the exercise of eminent domain; and |
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(2) The Texas Railroad Commission's Pipeline Safety |
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Department shall not accept any pre-construction reports from |
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pipeline operators. |
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(3) No state officer, official, or employee or any |
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state agency, department, commission, or committee shall issue any |
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approval, permit, or document necessary for the construction of a |
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common carrier pipeline, including, but not limited to, the |
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granting of any easement, deed, license, or permission. |
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SECTION 2. 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, 2019. |