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A BILL TO BE ENTITLED
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AN ACT
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relating to best management practices for landowners regarding the |
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exercise of power of eminent domain for landowners. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. CHAPTER 12. POWERS AND DUTIES CONCERNING |
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WILDLIFE, Parks and Wildlife Code, is amended to read as follows: |
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Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The |
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department may provide technical guidance to landowners who request |
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information concerning fish, wildlife, nongame, and habitat |
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management. |
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(b) In setting priorities for the provision of money to a |
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landowner under this section, the department shall consider: |
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(1) the inventory developed under Section 11.103; and |
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(2) the priorities set under Section 11.105. |
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(c) The department shall support landowner education |
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programs PARKS AND WILDLIFE CODE Statute text and cooperate with |
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appropriate state agencies. |
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(d) The department shall provide notice of Section 12.0251 |
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to a private landowner who requests technical assistance before |
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entering the property to collect and record information about |
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animal or plant life. |
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(e) The commission by rule shall adopt policies, including |
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written guidelines for a method for providing notice under |
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Subsection (d) and for departmental entry onto privately owned land |
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to collect information described by Section 12.0251(a). The |
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policies and guidelines must identify the maximum information that |
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the department may maintain under Section 12.0251. |
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(f) A review or update of a record or plan produced by the |
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department under Section 12.0251 and maintained by the landowner or |
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the landowner's agent may be requested by the landowner or the |
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department. |
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(g) The department shall provide guidance to landowners |
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undergoing the eminent domain process concerning fish, wildlife, |
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nongame, and habitat management including: |
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(1) Negotiating best management practices for land |
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restoration following construction of common infrastructure |
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projects that use eminent domain such as roads, rail lines, |
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pipelines, and power lines; and |
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(2) Recommendations on how to ensure an accurate |
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valuation of wildlife lands; and |
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(3) reasonable indemnification, including proof of |
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appropriate insurance coverages, sound risk management practice |
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policies, hold harmless agreements, and other provisions that |
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provide the property owner with reasonable liability protection |
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from any and all possible claims associated with the condemnation |
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process; and |
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(4) the maximum acceptable width of permanent |
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easements, resulting from condemnation; and |
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(5) liability for damages and losses caused by or |
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arising out of construction, maintenance, replacement, or |
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operations such as, but no |
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t limited to loss of livestock, wildlife, |
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exotic game, crops, fences, gates, trees, buildings, and other |
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improvements; and |
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(6) non-interference clauses with regard to other |
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operations on property, such as grazing, farming, hunting, oil and |
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gas operations, and other normal activities found on private |
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properties in Texas; and |
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(7) timetable requirements for completion of |
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constructions |
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(8) the responsibility of the condemning entity to |
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remove the infrastructure within a defined timeline; nonuse needs |
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to be clearly defined. |
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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. |