By: Burns H.B. No. 902
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the acquisition of real property by an entity with
  eminent domain authority; requiring an occupational license;
  authorizing a fee; providing a civil penalty; imposing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. INFORMATION FOR LANDOWNERS
         SECTION 1.01.  Subchapter B, Chapter 402, Government Code,
  is amended by adding Section 402.032 to read as follows:
         Sec. 402.032.  OMBUDSMAN FOR LANDOWNERS; LANDOWNER'S BILL OF
  RIGHTS. (a) The attorney general shall establish an ombudsman
  office within the office of the attorney general for the purpose of
  providing information to landowners whose real property may be
  acquired by a governmental or private entity through the use of the
  entity's eminent domain authority.  The attorney general shall
  select the ombudsman.
         (b)  The ombudsman shall provide information to and answer
  questions from landowners described by Subsection (a), through the
  attorney general's Internet website and a toll-free telephone
  number established by the ombudsman, regarding:
               (1)  the landowner's bill of rights prescribed by
  Subsection (c); and
               (2)  the procedures for acquiring real property through
  the use of eminent domain authority under Chapter 21, Property
  Code, or other law.
         (c)  The attorney general shall provide notice by
  publication to all counties in the State of Texas and shall make
  available on the attorney general's Internet website a landowner's
  bill of rights that is written in plain language designated to be
  easily understood by the average property owner and to read as
  follows:
  TEXAS LANDOWNER'S BILL OF RIGHTS
         The Texas Constitution gives state and local governments and
  some private entities, such as utility or pipeline entities, the
  legal authority to acquire private property, or a partial interest
  in private property, for public use. This authority is called the
  power of eminent domain. 
         In most instances, the power of eminent domain is used to
  acquire property to build large infrastructure projects that
  benefit all Texans, such as highways and roads, power lines, water,
  oil and other common carrier pipelines, and gas utility pipelines,
  and flood control projects. The Texas Constitution does not allow
  an entity to use the power of eminent domain exclusively, for
  private purposes, such as for real estate development or other
  economic purposes. Entities authorized by law to exercise the
  power of eminent domain must do so by following detailed procedures
  found in Chapter 21 of the Texas Property Code or other Texas law.
  An entity that wants to acquire your property for public use must
  compensate you for it. 
         Private property rights are cherished by all Texas
  landowners, and your rights are protected by the Texas Constitution
  and the laws that govern the use of the power of eminent domain. If
  you are approached by a public or private entity interested in
  acquiring your property or an interest in your property for public
  use, you should be aware not only of your legal rights, but also of
  certain practical considerations that will help guide you in your
  negotiations.
         YOU HAVE A RIGHT TO ASK QUESTIONS. Who exactly wants the
  property and what does that entity want to do with it? You have a
  right to know the identity of the entity that wants to acquire all
  or part of your property and what the entity plans to do with the
  property. 
         DO NOT SIGN A DOCUMENT YOU DON'T UNDERSTAND. If you don't
  understand what is in the document you are being asked to sign, seek
  advice from a trusted source, such as a family member, a fellow
  property owner who has dealt with a similar situation, a real estate
  professional who can help evaluate the property being sought, or an
  attorney who can help you navigate the eminent domain process, if
  that becomes necessary. 
         KNOW YOUR LEGAL RIGHTS AND FAMILIARIZE YOURSELF WITH THE
  PROCESS. An entity cannot acquire an interest in your property
  without first providing you with a written offer to buy the
  interest. You can expect to be given the financial basis for the
  offer. You may also request an in-person, remote or telephonic
  meeting with the acquiring entity to discuss the project. You
  should receive the name and contact information of an employee of
  the acquiring entity so you can ask questions.
         NEGOTIATE WITH THE ACQUIRING ENTITY. In the vast majority of
  property acquisitions, the property owner and the acquiring entity
  come to a voluntary agreement on the amount of compensation to be
  paid and, if only part of the property is acquired (most often as an
  easement), on the terms under which the entity may use the property.
  Keep in mind that an entity taking an easement or other partial
  interest in the property will want to maintain a good long-term
  relationship with you, so it is beneficial for both parties to talk
  about all the concerns and come to a mutual understanding before
  signing the agreement.
         WHAT HAPPENS IF YOU CANNOT REACH AN AGREEMENT? In some cases,
  the property owner and the acquiring entity simply can't come to an
  agreement on the amount of compensation for the acquisition or the
  terms of the instrument that grants the acquiring entity the
  property rights it seeks to acquire.  In any such case, a panel of
  three local landowners (called "special commissioners") will be
  appointed by a judge to decide how much compensation you are owed
  for the property interest sought. The hearing is informal and does
  not require you to have a lawyer or other expert, such as an
  appraiser, but you are free to have one or both. The panel also
  determines the amount of compensation for the reduction in value,
  if any, to your remaining property as a result of the property
  interest sought.
         WHAT HAPPENS IF YOU STILL AREN'T SATISFIED? If you don't
  believe the compensation awarded by the special commissioners is
  adequate, of if you don't think the acquiring entity has the legal
  authority to acquire the property, you may request a trial before a
  judge or a jury of your peers. If you get to this point, it is
  recommended that you engage a lawyer and probably an expert
  appraiser to make your case. In a very small number of cases, there
  may be a question about the acquiring entity's right to use eminent
  domain in the first place. In that event, a court has to verify the
  entity's authority to use eminent domain and determine whether the
  project is for a "public use." If you disagree with the outcome in
  the trial court, you can appeal the court's decision to a court of
  appeals.
         STILL HAVE QUESTIONS ABOUT THE EMINENT DOMAIN PROCESS? The
  Office of the Attorney General has an Internet website at [insert
  Internet website address] and a toll-free number [insert telephone
  number] where you can learn more.
         SECTION 1.02.  Section 402.031, Government Code, is
  repealed.
         SECTION 1.03.  Not later than January 1, 2022, the office of
  the attorney general shall:
               (1)  make the landowner's bill of rights statement
  provided by Section 402.032, Government Code, as added by this Act,
  available on the attorney general's Internet website; and
               (2)  establish an ombudsman office for landowners as
  required by Section 402.032, Government Code, as added by this Act.
  ARTICLE 2.  ELIGIBILITY FOR RIGHT-OF-WAY AGENT CERTIFICATION
         SECTION 2.01.   Section 1101.502(a), Occupations Code, is
  amended to read as follows:
         Sec. 1101.502.  ELIGIBILITY REQUIREMENTS FOR CERTIFICATE.
  (a) To be eligible to receive a certificate of registration or a
  renewal certificate under this subchapter, a person must [be]:
               (1)  be at least 18 years of age; [and]
               (2)  be a citizen of the United States or a lawfully
  admitted alien; and
               (3)  successfully complete the required courses of
  study, including qualifying or continuing education requirements,
  prescribed by this subchapter.
         SECTION 2.02.  Section 1101.508, Occupations Code, is added
  to read as follows:
         Sec. 1101.508.  PROBATIONARY CERTIFICATE. (a) The
  commission may issue a probationary certificate.
         (b)  The commission by rule shall adopt reasonable terms for
  issuing a probationary certificate.
         SECTION 2.03.  Section 1101.509, Occupations Code, is added
  to read as follows:
         Sec. 1101.509.  QUALIFYING AND CONTINUING EDUCATION
  REQUIREMENTS. (a) The commission by rule shall approve coursework
  that an applicant must successfully complete to be eligible for a
  certification or renewal certification under this subchapter.
         (b)  An applicant for a certification or renewal
  certification shall submit evidence satisfactory to the commission
  that the applicant has successfully completed at least 16 classroom
  hours of coursework every two years approved by the commission in:
               (1)  the law of eminent domain, including the rights of
  property owners;
               (2)  appropriate standards of professionalism in
  contacting and conducting negotiations with property owners; and
         (3)  ethical considerations in the performance of
  right-of-way acquisition services.
         SECTION 2.04.  Section 1101.653, Occupations Code, is
  amended to read as follows:
         Sec. 1101.653.  GROUNDS FOR SUSPENSION OR REVOCATION OF
  CERTIFICATE. The commission may suspend or revoke a certificate of
  registration issued under this chapter if the certificate holder:
               (1)  engages in dishonest dealing, fraud, unlawful
  discrimination, or a deceptive act;
               (2)  makes a misrepresentation;
               (3)  acts in bad faith;
               (4)  demonstrates untrustworthiness;
               (5)  fails to honor, within a reasonable time, a check
  issued to the commission after the commission has mailed a request
  for payment to the certificate holder's last known address
  according to the commission's records;
               (6)  fails to provide to a party to a transaction a
  written notice prescribed by the commission that:
                     (A)  must be given before the party is obligated
  to sell, buy, lease, or transfer a right-of-way or easement; and
                     (B)  contains:
                           (i)  the name of the certificate holder;
                           (ii)  the certificate number;
                           (iii)  the name of the person the
  certificate holder represents;
                           (iv)  a statement advising the party that
  the party may seek representation from a lawyer or broker in the
  transaction; and
                           (v)  a statement generally advising the
  party that the right-of-way or easement may affect the value of the
  property;
               (7)  directly or indirectly, takes a financial
  incentive to make an initial offer that the certificate holder
  knows or should have known is lower than the just and reasonable
  compensation required under the Texas Constitution; or
               (7) (8)  disregards or violates this chapter or a
  commission rule relating to certificate holders. SECTION 2.05.  Not
  later than December 1, 2021, the Texas Real Estate Commission shall
  adopt rules necessary to implement the changes in law made by this
  Act to Chapters 1101, Occupations Code.
         SECTION 2.06.  Chapter 1101, Occupations Code, as amended by
  this Act, apply only to an original or renewal certificate of
  registration as an easement or right-of-way agent for which an
  application was submitted on or after January 1, 2022. An original
  or renewal certificate of registration as an easement or
  right-of-way agent for which an application was submitted before
  January 1, 2022, is governed by the law in effect on the date the
  application was submitted, and the former law is continued in
  effect for that purpose. An applicant for an original easement or
  right of way agent certificate of registration submitted on or
  after January 1, 2022 will have until January 1, 2024 to complete
  the educational requirements under Chapter 1101.
  ARTICLE 3.  EXERCISE OF EMINENT DOMAIN AUTHORITY
         SECTION 3.01.  Section 21.0112(a), Property Code, is amended
  to read as follows:
         (a)  An [Not later than the seventh day before the date a
  governmental or private entity with eminent domain authority makes
  a final offer to a property owner to acquire real property, the
  entity must send by first class mail or otherwise provide a
  landowner's bill of rights statement provided by Section 402.031,
  Government Code, to the last known address of the person in whose
  name the property is listed the most recent tax roll of any
  appropriate taxing unit authorized by law to levy property taxes
  against the property.  In addition to the other requirements of this
  subsection, an] entity with eminent domain authority shall provide
  a copy of the landowner's bill of rights statement prescribed by
  Section 402.032, Government Code, to a landowner at or before the
  first in-person contact unless the entity expressly states, at that
  time, it will not seek to file a petition under this chapter before
  or at the same time as the entity first represents in any manner to
  the landowner that the entity asserts, intends to assert, or
  possesses eminent domain authority to acquire the landowner's
  property for public use
  in-person contact does not include contact conducted by telephonic
  or video-conferencing.
         SECTION 3.02.  Section 21.0113, Property Code, is amended by
  amending Subsection (b) to read as follows:
         (b)  An entity with eminent domain authority has made a bona
  fide offer if:
               (1)  an initial offer is made in writing to a property
  owner that includes:
                     (A)  a copy of the landowner's bill of rights
  statement prescribed by Section 402.032, Government Code, unless
  the entity has previously provided a copy of the statement to the
  property owner;
                     (B)  an offer of compensation in an amount equal
  to or greater than one of the following:
                           (i)  the market value of the property rights
  sought to be acquired, based on an appraisal of the property
  prepared by a certified general appraiser licensed under Chapter
  1103, Occupations Code;
                           (ii)  the estimated price or market value of
  the property rights sought to be acquired based on data for at least
  three comparable arm's-length sales of a property;
                           (iii)  the estimated price or market value
  of the property rights sought to be acquired based on a comparative
  market analysis prepared by a real estate broker licensed under
  Chapter 1101, Occupations Code, or a certified general appraiser
  licensed under Chapter 1103, Occupations Code;
                           (iv)  the estimated price of the property
  rights sought to be acquired based on a broker price opinion
  prepared by a real estate broker licensed under Chapter 1101,
  Occupations Code;
                           (v)  the estimated market value of the
  property rights sought to be acquired based on a market study
  prepared by a real estate broker licensed under Chapter 1101,
  Occupations Code, or a certified general appraiser licensed under
  Chapter 1103, Occupations Code; or
                           (vi)  150 percent of the per acre value for
  each acre or part of an acre sought to be acquired, based on the
  total land value for the whole property out of which the property
  rights are sought to be acquired, as reflected in the most recent
  tax rolls of the central appraisal district in which the property is
  located;
                     (C)  as applicable, the complete written report,
  as prepared by the certified appraiser or real estate broker, that
  forms the basis for the amount of the offer of compensation under
  Paragraph(B)(i), (iii), or (iv) or a brief written summary that
  forms the basis for the amount of the offer of compensation under
  Paragraph(B)(ii), (v), or (vi);
                     (D)  an instrument of conveyance in accordance
  with Section 21.0114, as applicable; and
                     (E)  the name and telephone number of a
  representative of the entity.  Representative is defined as:
                           (i)  an employee of the entity;
                           (ii)  an employee of an affiliate providing
  services on behalf of the entity;
                           (iii)  the legal representative; or
                           (iv)  in the case of an entity without
  employees, an individual designated to represent the day-to-day
  operations of the entity;
               (2)  the entity satisfies the requirements of
  Subchapter B-1, as applicable;
               (3) [(2)]  a final offer is made in writing to the
  property owner;
               (4) [(3)]  the final offer is made on or after the 30th
  day after the date on which the entity makes a written initial offer
  to the property owner;
               (5) [(4)]  before making a final offer, the entity
  obtains a written appraisal report from a certified appraiser of
  the value of the property rights being acquired and the damages, if
  any, to any of the property owner's remaining property;
               (6) [(5)]  the final offer is equal to or greater than
  the amount of the written appraisal report obtained by the entity;
               (7) [(6)]  the following items are included with the
  final offer or have been previously provided to the owner by the
  entity:
                     (A)  a copy of the written appraisal report;
                     (B)  a copy of the deed, easement, or other
  instrument conveying the property sought to be acquired; and
                     (C)  the landowner's bill of rights statement
  required [prescribed] by Section 21.0112; and
               (8) [(7)]  the entity provides the property owner with
  at least 14 days to respond to the final offer and the property
  owner does not agree to the terms of the final offer within that
  period.
         SECTION 3.03.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Section 21.0114 to read as follows:
         Sec. 21.0114.  TERMS REQUIRED FOR INSTRUMENT OF CONVEYANCE
  OF EASEMENT. (a)  Except as provided by Subsection (b), an
  instrument of conveyance of an easement, that does not relate to an
  oil, natural gas, oil product, or liquidified mineral pipeline,
  provided to a property owner under Section 21.0113 must include the
  following terms:
               (1)  the name of the grantor;
               (2)  the name of grantee;
               (3)  a description of the purpose of the easement;
               (4)  a description or illustration of the location of
  the easement, including a metes and bounds or centerline
  description, plat, or aerial or other map-based depiction of the
  location of the easement on the property;
               (5)  a description of the types of improvements that
  may be placed by the grantee within the easement, including whether
  the type of improvement would be above or below the existing surface
  of the land;
               (6)  a provision regarding the grantee's right, if any,
  to install future improvements within the easement and to
  reconstruct, remove, replace, or repair any grantee improvements;
               (7)  a provision regarding the grantor's retained
  rights to use the land, if any;
               (8)  a provision regarding the grantor's right, if any,
  to actual monetary damages for claims arising from the construction
  and installation of each improvement to be installed in, on, or
  under the easement, or a statement that the consideration for the
  easement includes any monetary damages arising from the
  construction and installation of each improvement to be installed
  in, on, or under the easement;
               (9)  a provision regarding the grantor's right after
  initial construction and installation of each improvement to be
  installed in, on, or under the easement to actual monetary damages
  arising from the repair, maintenance, inspection, replacement,
  operation, or removal of each improvement to be installed in, on, or
  under the easement or a statement that the consideration for the
  easement includes any monetary damages arising from the repair,
  maintenance, inspection, replacement, operation, or removal of
  each improvement to be installed in, on, or under the easement;
               (10)  a provision regarding:
                     (A)  the repair and restoration, to the extent 
  reasonably practicable, of areas used or damaged by the grantee
  outside the easement area to substantially the same condition as
  the original condition or better; or
                     (B)  the payment of actual monetary damages for
  areas not restored; and
               (11)  a provision describing the grantee's rights of
  ingress, egress, entry, and access on, to, over, and across the
  easement and the grantor's adjoining property.
         (b)  An instrument of conveyance of an easement provided to a
  property owner under Section 21.0113, that relates to an oil,
  natural gas, oil product, or liquidified mineral pipeline, must
  include the following, in substantial form and content:
         NOTICE OF CONFIDENTIALITY RIGHTS: YOU MAY REMOVE OR STRIKE
  ANY OR ALL OF YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
  NUMBER FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE
  PUBLIC RECORDS.
  PERMANENT EASEMENT AGREEMENT
         This Permanent Easement Agreement (the "Agreement") is by and
  between            [Name in Bold], whose address is            
  [insert Address NO Abbreviations], (hereinafter referred to as
  "Grantor", whether one or more) and            , with offices at  
           , and its successors and assigns (such entity and its
  successors and assigns are collectively referred to as the
  "Grantee").  For the consideration of TEN AND NO/100 Dollars
  ($10.00) and other good and valuable consideration, the receipt and
  sufficiency of which are hereby acknowledged, Grantor does hereby
  GRANT, BARGAIN, SELL, and CONVEY unto Grantee a perpetual
  non-exclusive free and unobstructed permanent pipeline easement  
       feet in width [or if it varies, describe], in order to, among
  other rights described below, construct, operate, and maintain one
  (1) pipeline [or if permanent pipeline easement is sought for more
  than one pipeline, specify in the instrument the number of
  pipelines sought] not to exceed       inches in nominal diameter
  (whether one or more, the "Pipeline") and any appurtenant
  facilities in, over, through, across, under, and along land owned
  by the Grantor, said easement being described on the exhibit(s)
  attached hereto and made part hereof (the "Permanent Pipeline
  Easement"), and if described on the exhibit(s) attached hereto (i)
  a permanent exclusive surface site easement as described on the
  exhibit(s) attached hereto for the purpose of erecting, laying,
  constructing, maintaining, fencing, operating, repairing,
  inspecting, replacing, protecting, altering, and removing [specify
  in the instrument one or more of the following facilities sought to
  be installed] both above and below the surface, pipelines, pipeline
  gate valve(s), by-passes, cross-overs, loops, risers, vents,
  cables, meters, valves, cathodic protection, conduits,
  launching-receiving equipment/in-line pigging facilities,
  alternating current mitigation equipment, electrical supply
  facilities, wires and poles, solar power facilities, generators,
  treating and dehydration facilities, monitoring cameras, slug
  catchers, compressors, pumps, radio and communications equipment
  and facilities, measuring equipment and meter runs, and any other
  appurtenances that may be necessary or desirable in connection
  therewith (the "Surface Site Easement"), (ii) a temporary or
  permanent access easement as identified on the exhibit(s) hereto
  on, over, through, across, and along Grantor's property, as more
  particularly described on the exhibit(s) hereto, for ingress and
  egress by Grantee and its employees, designees, contractors,
  successors, and assigns, and all those acting by or on behalf of it,
  for the unobstructed passage of persons, vehicles, equipment,
  and/or machinery, together with the non-exclusive right to use any
  existing roadway and/or to construct, protect, inspect, repair,
  alter, reconstruct, restore, improve, maintain, and use a road,
  including ditches, culverts, drains, and such other appurtenant
  facilities (the "Access Easement"), and (iii) a perpetual
  non-exclusive free and unobstructed permanent easement       feet
  in width, for the purpose of erecting, laying, constructing,
  maintaining, operating, repairing, inspecting, replacing,
  protecting, altering, and removing power lines, poles and related
  appurtenances to serve the Pipeline or appurtenances thereto (the
  "Electric Line Easement").
         Grantor does also hereby GRANT, BARGAIN, SELL, and CONVEY
  unto Grantee temporary workspace and extra/additional temporary
  workspace, if any, as generally described in the exhibit(s)
  attached hereto, in order to construct the Pipeline and any
  appurtenant facilities in, over, through, across, under, and along
  the property and to restore the property as required under this
  Agreement (the "Temporary Construction Easement") (The Permanent
  Pipeline Easement and Temporary Construction Easement, together
  with the Surface Site Easement, the Access Easement and the Electic
  Line Easement (to the extent described in the exhibit(s) hereto),
  are collectively referred to as the "Easements").  The term of the
  Temporary Construction Easement and Access Easement (if identified
  as temporary on the exhibit(s) hereto) shall be for a period to
  extend twenty-four (24) months from the date of construction
  commencement on Grantor's property.  However, if Grantee has
  completed its use of the Temporary Construction Easement or Access
  Easement (if identified as temporary) prior to the expiration of
  said period, then the Temporary Construction Easement and such
  Access Easement shall immediately terminate.  All rights, duties,
  and/or obligations arising by or under this Agreement shall only
  apply to the Temporary Construction Easement and Access Easement
  (if identified as temporary) while same are in effect.
         It is further agreed as follows:
         1.  Permanent Pipeline Easement.  The right to use the
  Easements shall belong to the Grantee and its agents, employees,
  designees, contractors, guests, invitees, successors, and assigns,
  and all those acting by or on behalf of it, or to any of them, for
  the purposes of establishing, laying, constructing,
  reconstructing, installing, realigning, modifying, replacing,
  improving, adding, altering, substituting, operating, maintaining,
  accessing, inspecting, patrolling, protecting, repairing, changing
  the size of, relocating, and changing the route or routes of the
  Pipeline within the Permanent Easement and abandoning in place and
  removing at will, in whole or in part, the Pipeline, for the
  transportation of [the instrument to specify one or more of the
  following] oil, gas, oil products, liquefied minerals (including
  without limitation, condensate, whether obtained from oil or gas
  wells, ethane, ethylene, propane, butane, isobutene, pentane,
  natural gasoline, and other products derived from hydrocarbons),
  crude petroleum, hydrocarbon gas liquids, or other mineral
  solutions, together with above and below ground appurtenances as
  may be necessary or desirable for the operation of the Pipeline
  over, across, under, and upon the Permanent Easement.
         2.  Minimum Burial Depth.  At the time of initial
  construction, Grantee shall bury the Pipeline to a minimum depth of
  thirty-six inches (36") below the surface of the ground and any then
  existing drainage ditches, creeks, and roads, provided however at
  those locations where rock is encountered, the Pipeline may be
  buried at a lesser depth.  If the Pipeline crosses a river or other
  large drainage feature or is intended to be placed above ground, the
  Pipeline can be installed, where permitted by law, along a bridge,
  or in above ground pipe racks or upon the surface, as permitted by
  law.
         3.  Ingress and Egress.  Grantee shall have the right of
  ingress, egress, entry, and access in, to, through, on, over,
  under, and across the Easements and where same intersect any public
  road or public right-of-way or other easement to which Grantee has
  the right to access and along any roads designated by Grantor and
  any roads or routes as needed during an emergency, for any and all
  purposes necessary and/or incident to the exercise by the Grantee
  of the rights granted to it by this Agreement.  Grantee shall
  promptly repair any damage to Grantor's roads caused by Grantee in
  the exercise of any rights granted in as good a condition as existed
  prior to use by Grantee.
         4.   Lateral Support.  Grantee shall have the right to select
  the exact location of the Pipeline within the Permanent Easement.
  Further, Grantee shall have the right to construct, maintain, and
  change slopes of cuts and fills to ensure proper lateral and
  subjacent support for and drainage for the Pipeline and appurtenant
  facilities.
         5.  Damages.  The consideration paid by Grantee in this
  Agreement includes the market value of the Easements and including
  without limitation any and all (i) damages resulting from the
  removal or clearing of any trees, shrubs, and other improvements or
  obstructions within the Easements, (ii) damages resulting from
  Grantee's digging and trenching operations within the Easements,
  (iii) crop damages in connection with any farm lands located within
  the Easements, (iv) damages to the remaining property, if any, as a
  result of the granting of the Easements and the installation of the
  Pipeline, including any diminution in value, if any, (v) damages to
  the Easements themselves by reason of the operation, maintenance,
  repair, alteration, and/or servicing of the Pipeline after initial
  pipeline construction and remediation is completed, and (vi)
  damages or claims resulting from the remediation performed by
  Grantee on Grantor's lands following initial construction, and
  (vii) damages resulting from routine clearing of the permanent
  Easements of obstructions and maintaining a line of sight along the
  Easements.  The initial consideration does not cover any damages
  which may accrue from time to time to Grantor's other lands outside
  the Easements and Grantee shall pay Grantor for any and all other
  such reasonable and actual damages promptly as they may accrue.
         6.  Fences.  Grantee shall have the right to remove any fence
  that now crosses or may cross the Easements during initial
  construction of the Pipeline or thereafter.  Prior to cutting any
  fence, however, Grantee shall brace the existing fence to be cut
  adequately on both sides of the proposed cut by suitable H-braces to
  prevent the remainder of the fence from sagging and shall promptly
  install wire gaps or gates in any fence opening created by Grantee.  
  Each such wire gap or gate is to be reinforced so as to be strong
  enough to prevent livestock from passing through same, where
  livestock is present.  Upon completion of initial construction
  operations, each wire gap will be removed and at Grantee's sole
  option replaced with (i) fencing of the same or better grade and
  condition as existed before Grantee cut and gapped same or (ii) a
  permanent gate, which gate shall, to the extent reasonably
  practicable, be constructed out of similar or better grade
  materials than already used for existing gates on the property.  
  Each entry and exit gate shall be securely closed and locked, except
  when Grantee or its authorized personnel are actually passing
  through same, and Grantor and Grantee shall each be entitled to
  maintain their own lock in any such gate, such that Grantor and
  Grantee shall each have the right of free passage through any such
  gates.  If Grantee fails to restore any fences or gates disturbed by
  Grantee to the same or better grade and condition as existed before
  Grantee disturbed same, Grantee shall pay Grantor the reasonable
  costs to restore any such fences or gates to the same or better
  grade and condition as existed before Grantee disturbed same.
         7.  Crossing Rights and Surface Limitations.  Grantor may use
  the Easements for any and all purposes not inconsistent with the
  purposes set forth in this Agreement; provided, however, that
  Grantor may not use any part of the Easements if such use may
  damage, destroy, injure, and/or interfere with Grantee's use of the
  Easements for the purposes for which the Easements are being sought
  by Grantee.  Notwithstanding anything herein to the contrary,
  Grantor is not permitted to conduct any of the following activities
  on the Easements:  (1) construct any temporary or permanent
  building or site improvements; (2) drill or operate any well on the
  Easements; provided that a well can be directionally drilled under
  the Easements subject to the terms for drilling set forth in
  Paragraph 9 below; (3) remove soil or change the grade or slope; (4)
  impound surface water; or (5) plant trees or landscaping.  Grantor
  further agrees it may not cause above- or below-ground obstruction
  to interfere with the purposes for which this Agreement is being
  acquired may be placed, erected, installed, or permitted upon the
  Easements without the prior written permission of Grantee. Grantor
  and Grantor's heirs, successors, and assigns shall have the right,
  after prior written notice to Grantee and review and approval by
  Grantee thereof, to construct, reconstruct, and maintain streets,
  sidewalks, roads or drives, road ditches, drainage ditches, and
  utilities, near perpendicular but in no event at any angle of not
  less than forty-five (45) degrees to Grantee's Pipeline over and
  across the Permanent Easement, provided that all of Grantee's
  required and applicable spacing and crossing guidelines,
  including, without limitation, horizontal and vertical separation
  limits and other protective requirements, are met by Grantor at
  Grantor's cost.  In the event the terms of this paragraph are
  violated, such violation shall immediately be corrected or
  eliminated by Grantor upon receipt of written notice from Grantee
  or Grantee shall have the immediate right to correct or eliminate
  such violation at the sole risk and expense of Grantor.  Grantor
  shall promptly reimburse Grantee for any expenses or costs related
  thereto.  Further, Grantor will not hereafter interfere in any
  manner with the purposes for which the Easements are conveyed, and
  Grantee shall have the right to remove any improvement, facility,
  or structure that interferes with the purposes for which the
  Easements are granted or which may endanger or interfere with the
  efficiency, safety, or convenient operation and maintenance of the
  Pipeline and appurtenant facilities and which is installed by
  Grantor subsequent to the date that Grantee acquires possession of
  the Easements, without liability for damages and at Grantor's cost.
  Grantor agrees that Grantee will not be liable to repair, replace or
  be liable for the cost of repair or replacement of any of Grantor's
  above or below ground obstructions installed by virtue of this
  paragraph as a result of Grantee's use of the Easements.
         8.  Mowing/Clearing.  Grantee has the right, from time to
  time without paying any damages to Grantor, to mow the Permanent
  Easement and to trim or cut down or eliminate from the Easements
  trees or shrubbery, in the sole judgment of Grantee and its
  successors and assigns, as may be necessary to install the Pipeline
  and thereafter on the Permanent Easement to prevent possible
  interference with the operation and maintenance of the Pipeline and
  to remove possible hazard thereto.  All trees and brush removed
  during construction and other debris generated during construction
  shall be burned and/or chipped and spread on the Easements or
  removed to an appropriate disposal site.  The method of disposal
  shall be selected by Grantee.
         9.  Oil and Gas.  To the extent of its authority over the
  mineral estate, Grantor shall retain all the oil, gas, and other
  minerals in, on, and under the Easements; provided, however, that
  Grantor, to the extent of its authority over the mineral estate,
  shall not be permitted to drill or operate equipment for the
  production or development of minerals on the Easements, but it will
  be permitted to extract the oil and other minerals from and under
  the Easements by directional drilling and other means, provided the
  drill bit enters the Easements at a subsurface depth of one hundred
  feet (100') or deeper and so long as such activities do not damage,
  destroy, injure, and/or interfere with the Grantee's use of the
  Easements for the purposes for which the Easements are being sought
  by Grantee.
         10.  Pipeline Installation and Grading.  Grantee will,
  insofar as reasonably practicable, level, re-grade, and reseed the
  ground disturbed by Grantee's use of the Easements and will
  maintain the Easements clean of all litter and trash gererated by
  Grantee during periods of construction, operation, maintenance,
  repair, or removal.  All construction debris shall be cleaned up and
  removed from Grantor's lands upon completion of installation and
  construction of the Pipeline, associated equipment, and
  appurtenances thereto.  During the initial construction, the
  trenching (but not installation by horizontal directional drilling
  or underground boring) in areas of Grantor's lands that are
  currently being used for growing commercial crops or purposefully
  fallowed for a period of time not to exceed the lesser of five years
  or the number of consecutive years such land was used for growing
  commercial crops prior to being fallow, shall be done in such a
  manner so that at least twelve inches (12") of top soil (or the
  amount of top soil present if less than twelve inches (12") exists)
  will be separated from the balance of the dirt removed in making the
  ditch or trench for installation of the Pipeline.  In backfilling
  after installation of the Pipeline, the topsoil so first removed
  and segregated shall be used as cover soil in such a manner so as to
  result in it being returned to the top of the ditch as topsoil.
         11.  Use Limitations.  Grantee shall use the Easements solely
  for the purposes specified in this Agreement.  There shall be no
  hunting or fishing on the Easements or any of Grantor's lands by
  Grantee or its officers, agents, employees, contractors, invitees,
  guests, or representatives at any time.  No firearms or fishing
  equipment shall be taken on the Easements by Grantee or its
  officers, agents, employees, contractors, invitees, guests, or
  representatives at any time.
         12.  Above Ground Appurtenances.  Except for facilities
  located on the Surface Site Easement and Electric Line Easement(if
  identified and included in the exhibit(s) hereto), Grantee shall
  not place any above ground appurtenances on the Permanent Pipeline
  Easement except for pipeline markers and cathodic protection units,
  cathodic test leads, alternating current mitigation equipment,
  and/or other cathodic protection appurtenances, necessary to
  monitor and control potential corrosion, including, without
  limitation, decouplers, pedestals, rectifiers, electric lines,
  electrical facilities, electric meters, junction boxes, anodes,
  wires, poles, ground beds, fencing, bollards, grounding systems,
  and any other appurtenances necessary for cathodic protection or
  corrosion control, if necessary for the operation of the Pipeline,
  as determined by Grantee in its sole discretion, and except for
  [describe other above ground appurtenances, if any, which will be
  installed within the Permanent Pipeline Easement]. Grantee shall
  use reasonable efforts to place such above ground signage and
  cathodic protection facilities at the junction of the Permanent
  Pipeline Easement and fence lines, property lines, pipeline
  crossings, river or creek crossings, or road crossings, provided
  however, Grantee shall have the right to place same at any other
  location required by applicable law, regulation, or rule on
  Grantor's property.
         13.  Indemnity.  GRANTEE SHALL DEFEND WITH COUNSEL OF
  GRANTEE'S CHOICE, INDEMNIFY, PROTECT, AND HOLD HARMLESS GRANTOR,
  GRANTOR'S HEIRS, SUCCESSORS, ASSIGNS AND RELATED OR AFFILIATED
  ENTITIES (THE "INDEMNIFIED PARTIES"), FROM ANY AND ALL LIENS,
  CLAIMS, DEMANDS, COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE
  ATTORNEYS' FEES), EXPENSES, DAMAGES, LOSSES, AND CAUSES OF ACTION
  FOR DAMAGES ASSERTED BY PERSONS OR ENTITIES UNAFFILIATED WITH THE
  INDEMNIFIED PARTIES BECAUSE OF INJURY TO PERSONS (INCLUDING DEATH)
  AND INJURY OR DAMAGE TO OR LOSS OF ANY PROPERTY OR IMPROVEMENTS TO
  THE EXTENT CAUSED BY GRANTEE'S NEGLIGENCE, GROSS NEGLIGENCE,
  WILLFUL MISCONDUCT, OR STRICT LIABILITY.
         14.  Tenants.  Grantor hereby identifies the following as
  people or entities having a lease, sublease, or other possessory
  interest in Grantor's property:
         ___________________
         ___________________
         ___________________
         ___________________
         (If this paragraph is left blank, then Grantor represents
  there are no such persons or entities.)
         15.  Counterparts.  This Agreement may be executed in several
  counterparts, each of which shall be an original of this Agreement
  but all of which, when delivered and taken together, shall
  constitute one and the same Agreement and be binding upon the
  parties who executed any counterpart, regardless of whether it is
  executed by all parties named herein.
         16.  Assignability.  Grantee shall have the right to assign
  this grant in whole or in part, in which event Grantor acknowledges
  and agrees that the assignee shall succeed to the rights and
  obligations of Grantee to the extent conveyed in such assignment,
  and Grantee shall be relieved of obligations with respect to the
  assigned interest which accrue after the date of assignment.
         17.   Integration Clause.  This Agreement constitutes the
  entire agreement and supersedes any and all prior oral
  understandings and agreements, if any, concerning the subject of
  this Agreement.  Grantor confirms and agrees that Grantor has been
  made no promise or agreement by Grantee or any agent of Grantee
  (which is not expressed or referenced specifically within this
  Agreement) in executing this Agreement, that Grantor is not relying
  upon any statement or representation of Grantee or any agent of
  Grantee and that Grantor's execution of this Agreement is free and
  voluntary.  This Agreement may not be modified or amended except on
  or after the date hereof except by a writing signed by the party
  against whom said modification or amendment is to be enforced and no
  party shall be liable or bound to any other party in any manner
  except as specifically set forth herein.
         18.  Disclaimer.  NEITHER PARTY HAS RELIED UPON AND HEREBY
  EXPRESSLY DISCLAIMS RELIANCE UPON ANY STATEMENTS, REPRESENTATIONS,
  INFORMATION, OR MATERIALS PROVIDED, SUPPLIED, OR FURNISHED BY THE
  OTHER PARTY OR OTHERWISE MADE AVAILABLE BY EITHER PARTY IN THE
  PUBLIC DOMAIN OR OTHERWISE (OTHER THAN THOSE MADE IN THIS
  AGREEMENT).
         TO HAVE AND TO HOLD, subject to all matters of record which
  are valid and subsisting and affect Grantor's property burdened by
  this Permanent Easement Agreement, the rights, privileges, and
  authority hereby granted unto the Grantee and its successors and
  assigns, forever, and Grantor does hereby agree to warrant and
  defend said Easements unto Grantee and its successors and assigns,
  by, through, or under Grantor, but not otherwise.  This Agreement
  and all of its terms, provisions, and obligations shall be
  covenants running with the land affected thereby and shall inure to
  the benefit of and be binding upon Grantor and Grantee and their
  respective heirs, executors, administrators, successors, and
  assigns.
         EXECUTED and effective as of the       day of            
  20  .
         GRANTOR(S):
         By:                                
         ACKNOWLEDGEMENT
         STATE OF TEXAS
         COUNTY OF                     
         BEFORE ME, the undersigned authority, on this day personally
  appeared                 , known to me to be the person whose name
  is subscribed to the foregoing instrument and acknowledged to me
  that he/she executed the same for the purposes and consideration
  therein expressed.
         GIVEN UNDER MY HAND AND SEAL OF OFFICE this     day of  
                  20  .
         _______________________________________________________
         Notary Public in and for the State of Texas
                          (Print Name of Notary Public Here)
         (c)  A property owner may negotiate for terms not required
  under Subsection (a) for an easement agreement or provided under
  Subsection (b) for a pipeline easement agreement. An entity and a
  property owner may, at any time:
               (1)  agree to alter or omit a term required under
  Subsection (a) for an easement agreement or provided by Subsection
  (b) for a pipeline easement agreement; or
               (2)  execute an instrument of conveyance that is
  different in some or all aspects than the pipeline easement
  agreement form provided by Subsection (b).
         SECTION 3.04.  Section 21.014, Property Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The judge of a court in which a condemnation petition is
  filed or to which an eminent domain case is assigned shall, not
  later than the 15th calendar day after the date the petition is
  filed, appoint three disinterested real property owners who reside
  in the county as special commissioners to assess the damages of the
  owner of the property being condemned and appoint two disinterested
  real property owners who reside in the county as alternate special
  commissioners.  The judge appointing the special commissioners
  shall give preference to persons agreed on by the parties before the
  court appoints the special commissioners.  The judge shall provide
  the names and contact information of the special commissioner and
  alternate special commissions to the parties.  Each party shall
  have seven calendar days after the date of the order appointing the
  special commissioners [The judge shall provide each party a
  reasonable period] to strike one of the three special commissioners
  [appointed by the judge].  If a person fails to serve as a special
  commissioner or is struck by a party to the suit in accordance with
  this subsection, an alternate special commissioner shall serve as a
  replacement for the special commissioner based on the order that
  the alternate special commissioners are listed in the initial order
  of appointment [, the judge shall appoint a replacement].
         (d)  In this section, "disinterested real property owner"
  means a real property owner who:
               (1)  is not related to a party or the representative of
  a party by affinity within the second degree or by consanguinity
  within the third degree, as determined under Chapter 573,
  Government Code;
               (2)  does not own property that an entity with eminent
  domain authority is currently attempting to acquire for public use;
  and
               (3)  is not related by affinity within the second
  degree or by consanguinity within the third degree, as determined
  under Chapter 573, Government Code, to a person who has owned or
  currently owns property described by Subdivision (2).
         SECTION 3.05.  Section 21.015(a), Property Code, is amended
  to read as follows:
         (a)  The special commissioners in an eminent domain
  proceeding shall [promptly] schedule a hearing to occur not earlier
  than [for the parties at the earliest practical time but may not
  schedule a hearing to assess damages before] the 20th day or later
  than the 40th day after the date the special commissioners were
  appointed, unless otherwise agreed to by the parties.  The special
  commissioners shall schedule a hearing for the parties at a place
  that is as near as practical to the property being condemned, or at
  the county seat of the county in which the proceeding is being held,
  or at the request of either party, by video-conferencing.
         SECTION 3.06.  Section 21.016(d), Property Code, is amended
  to read as follows:
         (d)  Notice may be served[:
               [(1)] by delivering a copy of the notice to the party or
  to the party's agent or attorney or in any other manner provided by
  the Texas Rules of Civil Procedure for service of citation[;
               [(2)  if the property being condemned belongs to a
  deceased's estate or to a minor or other legally disabled person and
  the person or estate has a legal representative, by delivering a
  copy of the notice to the legal representative; or
               [(3)  if the property being condemned belongs to a
  nonresident of this state and there has been no personal service on
  the owner, if the identity or the residence of the property owner is
  unknown, or if the property owner avoids service of notice by
  hiding, by publication in the same manner as service of citation by
  publication in other civil cases in the district courts or county
  courts at law].
         SECTION 3.07.  Chapter 21, Property Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1.  IN-PERSON MEETING
         Sec. 21.0301.  DEFINITION.  In this subchapter, "in-person
  meeting" includes a meeting conducted by telephonic or video
  conferencing at the option of either the entity or landowner.
         Sec. 21.0302.  APPLICABILITY TO CERTAIN ENTITIES.  This
  subchapter does not apply to an entity that is required by law to
  participate or voluntarily participates in a public meeting or
  hearing regarding the exercise of the entity's eminent domain
  authority at the Public Utility Commission of Texas or to an entity
  that holds a public meeting as part of the entity's regulatory or
  condemnation process.
         Sec. 21.0303.  METHOD OF NOTICE. Notice may be given under
  this subchapter by:
               (1)  mailing the notice to the property owner listed
  for the property on the most recent tax roll for a taxing unit with
  authority to impose an ad valorem tax on the property, at the
  address for the property owner listed on the tax roll; or
               (2)  any method authorized by Section 21.016(d).
         Sec. 21.0304.  NOTICE TO PROPERTY OWNER.  Before or at the
  time an entity with eminent domain authority makes an initial offer
  to a property owner to acquire a property interest for a project,
  the entity shall provide notice to the property owner of the
  property owner's right to request an in-person meeting with the
  entity to discuss the project.
         Sec. 21.0305.  PROPERTY OWNER REQUEST FOR IN-PERSON MEETING.  
  A property owner who receives notice from an entity under Section
  21.0304 may request an in-person meeting with the entity.  The
  property owner's request must be in writing and received by the
  entity not later than the seventh day after the date the property
  owner received the notice.
         Sec. 21.0306.  SCHEDULING OF IN-PERSON MEETING.  (a)  On
  receipt of a request from a property owner under Section 21.0305 the
  entity shall propose not fewer than three different meeting times
  on three different meeting dates for the in-person meeting.
         (b)  A meeting time proposed under Subsection (a) may not be
  earlier than the seventh day or later than the 30th day after the
  date the entity received the property owner's request.
         (c)  A property owner who wishes to accept a proposed meeting
  time under this section must confirm acceptance in writing of the
  meeting time not later than the earlier of the:
               (1)  third day before the proposed meeting time; or
               (2)  seventh day after the date the property owner
  receives proposed meeting times from the entity.
         Sec. 21.0307.  SATISFACTION OF BONA FIDE OFFER REQUIREMENT
  GENERALLY. An entity satisfies the requirements of this subchapter
  for purposes of Section 21.0113(b)(2) with respect to a property
  owner if the entity:
               (1)  provides notice to the property owner as required
  by Section 21.0304 and the property owner does not timely request an
  in-person meeting under Section 21.0305;
               (2)  proposes meeting times to the property owner as
  required by Section 21.0306 and the property owner:
                     (A)  does not timely confirm the property owner's
  preferred meeting time under that section; or
                     (B)  rejects the proposed meeting times; or
               (3)  schedules a meeting with a property owner as
  required under Section 21.0306, whether or not the property owner
  participates in the meeting.
         Sec. 21.0308.  SATISFACTION OF BONA FIDE OFFER REQUIREMENT:
  VOLUNTARY MEETING. Notwithstanding any other provision of this
  subchapter, an entity satisfies the requirements of this subchapter
  for purposes of Section 21.0113(b)(2) with respect to a property
  owner if:
         (1)  the entity voluntarily initiates an in-person meeting
  with the property owner or with a group of affected
  property owners;
         (2)  provides notice of the meeting to the property owner at
  least 14 days before the meeting; and
         (3)  the meeting is held before a final offer is made to the
  property owner.
         Sec. 21.0309.  EFFECT OF IN-PERSON MEETING ON TIMING OF
  FINAL OFFER. Notwithstanding any other provision of this
  subchapter, an entity that participates in an in-person meeting
  with a property owner may not make a final offer to the property
  owner earlier than the third day after the date of the in-person
  meeting unless the property owner agrees to an earlier date.
         SECTION 3.08.  (a)  Sections 21.0112 and 21.0113, Property
  Code, as amended by this Act, and Section 21.0114 and Subchapter
  B-1, Chapter 21, Property Code, as added by this Act, apply only to
  the acquisition of real property in connection with an initial
  offer made on or after the effective date of this Act.  An
  acquisition of real property in connection with an initial offer
  made before the effective date of this Act is governed by the law
  applicable to the acquisition immediately before that date, and
  that law is continued in effect for that purpose.
         (b)  Sections 21.014, 21.015, and 21.016, Property Code, as
  amended by this Act, apply only to a condemnation proceeding
  commenced on or after the effective date of this Act.  A
  condemnation proceeding commenced before the effective date of this
  Act is governed by the law applicable to the condemnation
  proceeding immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
  ARTICLE 4. EFFECTIVE DATE
         SECTION 4.01.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect January 1, 2022.
         (b)  Sections 1.03 and 2.30 of this Act take effect September
  1, 2021.