| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of an electric cooperative to use the |
|
|
power of eminent domain to acquire certain real property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 161.125, Utilities Code, is amended to |
|
|
read as follows: |
|
|
Sec. 161.125. EMINENT DOMAIN. (a) An electric cooperative |
|
|
may exercise the power of eminent domain in the manner provided by |
|
|
state law for acquiring private property for public use. The power |
|
|
does not apply to state property or property of a political |
|
|
subdivision in this state. |
|
|
(b) An electric cooperative may not exercise the power of |
|
|
eminent domain to acquire an interest in real property to drill, |
|
|
mine, or produce from that property oil, gas, geothermal resources, |
|
|
geothermal/geopressured resources, or lignite, coal, sulphur, |
|
|
uranium, plutonium, or other minerals that belong to another person |
|
|
regardless of whether the material is in place or is in the process |
|
|
of being drilled, mined, or produced. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to the acquisition of real property in connection with an initial |
|
|
offer made under Section 21.0113, Property Code, on or after the |
|
|
effective date of this Act. An acquisition of real property in |
|
|
connection with an initial offer made under Section 21.0113, |
|
|
Property Code, before the effective date of this Act is governed by |
|
|
the law applicable to the acquisition immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |