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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 by a private entity |
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with eminent domain authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0113, Property Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) Notwithstanding Subsection (b), a private entity, as |
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defined by Section 21.0114, with eminent domain authority that |
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wants to acquire real property for a public use has made a bona fide |
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offer only if the entity: |
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(1) satisfies the requirements of Subsection (b); |
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(2) includes with the initial offer: |
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(A) an offer of compensation in an amount equal |
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to or greater than: |
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(i) the market value of the property rights |
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sought to be acquired, including an estimate of damages to the |
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property owner's remaining property, if any, based on an appraisal |
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of the property prepared by a third party who is a certified general |
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appraiser licensed under Chapter 1103, Occupations Code; or |
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(ii) the estimated price or market value of |
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the property rights sought to be acquired based on data for at least |
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three comparable arm's-length sales of a fee simple interest in |
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property, including an estimate of damages to the property owner's |
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remaining property, if any, based on data then available to the |
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appraiser, broker, or private entity, as applicable, and based on: |
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(a) a comparative market analysis |
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prepared by a third party who is a real estate broker licensed under |
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Chapter 1101, Occupations Code, or a certified general appraiser |
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licensed under Chapter 1103, Occupations Code; |
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(b) a broker price opinion prepared by |
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a third party who is a real estate broker licensed under Chapter |
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1101, Occupations Code; or |
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(c) a market study prepared by a third |
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party who is a real estate broker licensed under Chapter 1101, |
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Occupations Code, or a certified general appraiser licensed under |
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Chapter 1103, Occupations Code; |
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(B) the complete written report of the appraisal, |
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the comparative market analysis, the broker price opinion, the |
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market study, or a summary of the market study, as prepared by the |
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third party, that forms the basis for the amount of the offer of |
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compensation under Paragraph (A); and |
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(C) notice of the terms described by Section |
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21.0114(d) for which the property owner may negotiate to be |
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included in a deed, easement, agreement, or other instrument of |
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conveyance relating to the property; and |
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(3) provides notice of the proposed project to the |
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county judge as required by Section 21.0115. |
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(d) For purposes of Subsection (c)(2)(A)(ii), a real estate |
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broker licensed under Chapter 1101, Occupations Code, is authorized |
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to prepare an estimated price based on a comparative market |
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analysis, a broker price opinion, a market study, or a summary of |
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the market study. |
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(e) A private entity that provides to a property owner an |
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easement form that is generally consistent with the language or |
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provisions required by Section 21.0114(c) and the notice required |
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by Section 21.0114(d) is considered to have complied with Section |
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21.0114 for purposes of Subsection (b)(1)(C) of this section, |
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regardless of whether the private entity subsequently provides to |
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the property owner a different deed, easement, agreement, or other |
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instrument of conveyance as authorized under Sections 21.0114(e) |
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and (f). |
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SECTION 2. Section 21.0114(c), Property Code, is amended to |
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read as follows: |
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(c) Except as provided by Subsections (d), (e), and (f), a |
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deed, agreement, or other instrument of conveyance provided to a |
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property owner by a private entity with eminent domain authority to |
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acquire the property interest to be conveyed must address the |
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following general terms, as applicable: |
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(1) if the instrument conveys a pipeline right-of-way |
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easement or an easement related to pipeline appurtenances: |
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(A) the maximum number of pipelines that may be |
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installed under the instrument for a pipeline right-of-way; |
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(B) a description of the types of pipeline |
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appurtenances that are authorized to be installed under the |
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instrument for pipeline-related appurtenances, such as pipes, |
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valves, compressors, pumps, meters, pigging stations, dehydration |
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facilities, electric facilities, communication facilities, and any |
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other appurtenances that may be necessary [or desirable] in |
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connection with a pipeline; |
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(C) the maximum diameter, excluding any |
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protective coating or wrapping, of each pipeline to be [initially] |
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installed under the instrument for a pipeline right-of-way; |
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(D) the type or category of substances permitted |
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to be transported through each pipeline to be installed under the |
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instrument; |
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(E) a general description of any aboveground |
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equipment or facility the private entity intends to install, |
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maintain, or operate under the instrument for a pipeline easement |
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on the surface of the easement; |
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(F) a description or illustration of the location |
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of the easement, including a metes and bounds or centerline |
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description, plat, or aerial or other map-based depiction of the |
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location of the easement on the property; |
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(G) the maximum width of the easement under the |
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instrument; |
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(H) the minimum depth at which each pipeline to |
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be installed under the instrument for a pipeline right-of-way will |
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[initially] be installed; |
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(I) a provision identifying whether the private |
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entity intends to double-ditch areas of the pipeline easement that |
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are not installed by boring or horizontal directional drilling; |
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(J) a provision requiring the private entity to |
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provide written notice to the property owner at the last known |
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address of the person in whose name the property is listed on the |
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most recent tax roll of any taxing unit authorized to levy property |
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taxes against the property before assigning [if and when the |
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private entity assigns] the interest under the instrument to |
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another entity[, provided that the provision does not require |
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notice by the private entity for assignment to an affiliate or to a |
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successor through merger, consolidation, or other sale or transfer |
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of all or substantially all of its assets and businesses]; |
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(K) a provision describing whether the easement |
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rights are exclusive, [or] nonexclusive, or otherwise limited; |
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(L) a provision limiting the private entity's |
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right to grant to a third party access to the easement area for a |
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purpose that is not related to the construction, safety, repair, |
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maintenance, inspection, replacement, operation, or removal of |
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each pipeline to be installed under the instrument and of pipeline |
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appurtenances to be installed under the instrument; |
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(M) a provision regarding the property owner's |
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right to recover actual monetary damages arising from the |
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construction and installation of each pipeline to be installed |
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under the instrument, or a statement that the consideration for the |
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instrument includes any monetary damages arising from the |
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construction and installation of each pipeline to be installed |
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under the instrument; |
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(N) a provision regarding the property owner's |
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right after [initial] construction and installation of each |
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pipeline to be installed under the instrument to actual monetary |
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damages arising from the repair, maintenance, inspection, |
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replacement, operation, or removal of each pipeline to be installed |
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under the instrument, or a statement that consideration for the |
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instrument includes any monetary damages arising from the repair, |
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maintenance, inspection, replacement, operation, or removal of |
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each pipeline to be installed under the instrument; |
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(O) a provision: |
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(i) regarding the removal, cutting, use, |
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repair, and replacement of gates and fences that cross the easement |
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or that will be used by the private entity under the instrument; or |
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(ii) providing for the payment for any |
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damage caused by the private entity to gates and fences described by |
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Subparagraph (i), if any, to the extent that the gates or fences are |
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not restored or paid for as part of the consideration paid for the |
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instrument; |
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(P) a provision: |
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(i) regarding the private entity's |
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obligation to restore the pipeline easement area and the property |
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owner's remaining property, if any, used by the private entity to as |
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near to original condition as is reasonably practicable and to |
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maintain the easement in a manner not inconsistent [consistent] |
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with the purposes for which the easement will be used by the private |
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entity under the instrument; or |
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(ii) providing for the private entity to |
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reimburse the property owner for actual monetary damages incurred |
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by the property owner that arise from damage to the pipeline |
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easement area or the property owner's remaining property, if any, |
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to the extent caused by the private entity and not restored or paid |
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for as part of the consideration for the instrument; and |
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(Q) a provision describing the private entity's |
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rights of ingress, egress, entry, and access on, to, over, and |
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across the property owner's property under the instrument; |
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(2) if the instrument conveys an electric transmission |
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line right-of-way easement: |
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(A) a general description of the uses of the |
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surface of the property to be encumbered by the easement the entity |
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intends to acquire; |
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(B) a description or illustration of the location |
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of the easement, including a metes and bounds or centerline |
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description, plat, or aerial or other map-based depiction of the |
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location of the easement on the property; |
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(C) the maximum width of the easement under the |
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instrument; |
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(D) the manner in which the entity will access |
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the easement under the instrument; |
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(E) a provision limiting the private entity's |
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right to grant to a third party access to the easement area for a |
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purpose that is not related to the construction, safety, repair, |
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maintenance, inspection, replacement, operation, or removal of the |
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electric and appurtenant facilities installed under the |
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instrument; |
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(F) a provision regarding the property owner's |
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right to recover actual monetary damages arising from the |
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construction, operation, repair, maintenance, inspection, |
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replacement, and future removal of lines and support facilities |
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after initial construction in the easement, if any, or a statement |
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that the initial consideration for the easement instrument includes |
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such damages; |
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(G) a provision: |
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(i) regarding the removal, cutting, use, |
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repair, and replacement of gates and fences that cross the easement |
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or that will be used by the private entity under the instrument; or |
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(ii) providing for the payment for any |
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damage caused by the private entity to gates and fences described by |
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Subparagraph (i), if any, to the extent that the gates or fences are |
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not restored or paid for as part of the consideration for the |
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instrument; |
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(H) a provision regarding the private entity's |
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obligation to restore the easement area and the property owner's |
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remaining property to the easement area's and the remaining |
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property's original contours and grades, to the extent reasonably |
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practicable, unless the safety or operational needs of the private |
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entity and the electric facilities would be impaired, and: |
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(i) a provision regarding the entity's |
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obligation to restore the easement area and the property owner's |
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remaining property following any future damages directly |
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attributed to the use of the easement by the private entity, to the |
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extent reasonably practicable[, unless the safety or operational |
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needs of the private entity and the electric facilities would be |
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impaired]; or |
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(ii) a provision that the consideration for |
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the easement instrument includes damages as described by |
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Subparagraph (i) to the easement area and the property owner's |
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remaining property; |
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(I) a provision describing whether the easement |
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rights are exclusive, nonexclusive, or otherwise limited under the |
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terms of the instrument; and |
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(J) a prohibition against the assignment of the |
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entity's interest in the property to an assignee that will not |
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operate as a utility subject to the jurisdiction of the Public |
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Utility Commission of Texas or the Federal Energy Regulatory |
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Commission without written notice to the property owner at the last |
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known address of the person in whose name the property is listed on |
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the most recent tax roll of any taxing unit authorized to levy |
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property taxes against the property; |
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(3) a prohibition against any use by the private |
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entity of the property rights being conveyed by the instrument, |
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other than a use stated in the instrument, without the express |
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written consent of the property owner; [and] |
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(4) a provision that the terms of the instrument will |
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bind the successors and assigns of the property owner and private |
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entity; and |
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(5) a provision setting forth the applicable insurance |
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or self-insurance to be provided by the private entity. |
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SECTION 3. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0115 to read as follows: |
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Sec. 21.0115. NOTICE OF INTENT. (a) A private entity as |
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defined by Section 21.0114 must send a written notice of intent to |
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the county judge of a county in which the private entity will seek |
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to acquire property for a project for public use before the first |
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time the private entity makes an initial offer to acquire real |
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property for the project in that county. |
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(b) A notice sent under Subsection (a) must: |
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(1) state the private entity's intent to acquire real |
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property for public use; |
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(2) specify the public use; and |
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(3) identify the proposed route, including the tracts |
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of real property, identified by the tract number assigned by the |
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county assessor-collector, that the private entity intends to |
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acquire. |
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SECTION 4. Section 21.012, Property Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) In addition to the contents prescribed by Subsection |
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(b), a petition filed by a private entity as defined by Section |
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21.0114 to acquire property for a public use must state the terms to |
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be included in the instrument of conveyance under Section |
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21.0114(c). |
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SECTION 5. Section 21.014(a), Property Code, is amended to |
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read as follows: |
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(a) The judge of a court in which a condemnation petition is |
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filed or to which an eminent domain case is assigned shall, not |
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later than the 30th calendar day after the property owner receives |
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notice that the petition is filed, appoint three disinterested real |
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property owners who reside in the county as special commissioners |
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to assess the damages of the owner of the property being condemned |
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and appoint two disinterested real property owners who reside in |
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the county as alternate special commissioners. The judge appointing |
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the special commissioners shall give preference to persons agreed |
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on by the parties, if any, before the court appoints the special |
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commissioners. The judge shall provide the names and contact |
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information of the special commissioners and alternate special |
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commissioners to the parties. Each party shall have until the later |
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of 15 [10] calendar days after the date of the order appointing the |
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special commissioners or 30 [20] days after the date the petition |
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was filed to strike one of the three special commissioners. Any |
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strike of a special commissioner must be filed electronically with |
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electronic service provided concurrently to any represented party |
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and first class mail service provided concurrently to any other |
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party. If a person fails to serve as a special commissioner or is |
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struck by a party to the suit in accordance with this subsection, an |
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alternate special commissioner shall serve as a replacement for the |
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special commissioner based on the order that the alternate special |
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commissioners are listed in the initial order of appointment. If a |
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party exercises a strike, the other party may, by the later of the |
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third day after the date of filing of the initial strike or the date |
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of the initial strike deadline, strike a special commissioner from |
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the resulting panel, provided the other party has not earlier |
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exercised a strike. |
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SECTION 6. 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. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE |
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ENTITIES |
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Sec. 21.031. DEFINITION. In this subchapter, "private |
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entity" has the meaning assigned by Section 21.0114. |
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Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) Except as |
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expressly provided by Section 21.033(d), this subchapter applies |
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only to a private entity that seeks to acquire for the same pipeline |
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or electric transmission project 25 or more tracts of real |
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property, including easements within those tracts, that are owned |
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by at least 25 separate and unaffiliated property owners. |
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(b) Except as expressly provided by Section 21.0392, this |
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subchapter does not apply to a private entity that: |
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(1) operates or proposes to construct an electric |
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transmission line; and |
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(2) is subject to the jurisdiction of the Public |
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Utility Commission of Texas under Chapter 37, Utilities Code. |
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(c) This subchapter does not apply to the acquisition of a |
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tract of real property that is an industrial property, including a |
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tract that contains a refinery, processing facility, underground |
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storage facility, electric station, industrial facility, power |
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plant facility, or storage terminal. |
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Sec. 21.033. NOTICE OF PROPERTY OWNER INFORMATION MEETING. |
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(a) A private entity shall, before or at the same time that the |
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entity makes an initial offer as required under Section 21.0113, |
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provide a written notice advising the property owner of: |
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(1) the property owner's right to participate in a |
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meeting to discuss the proposed project, including: |
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(A) if the project is a pipeline, the substances, |
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products, materials, installations, and structures the private |
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entity intends to transport through, use for, or build as part of |
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the project; and |
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(B) any regulatory filings for the project; and |
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(2) the date, time, and location of the meeting. |
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(b) The private entity shall send the meeting notice to: |
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(1) the property owner listed for the property on the |
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most recent tax roll for a taxing unit with authority to levy an ad |
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valorem tax on the property; or |
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(2) the address for the property listed on the tax roll |
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described by Subdivision (1). |
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(c) The private entity shall also send the meeting notice |
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to: |
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(1) any other address that the private entity has for |
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the property owner; and |
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(2) each county judge of a county in which all or part |
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of the project section or segment for which the meeting is to be |
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held is located. |
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(d) If a pipeline involves fewer than 25 separate and |
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unaffiliated property owners, the private entity shall provide |
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notice to the property owners in the manner prescribed by this |
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section that a property owner may request a meeting with the private |
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entity to receive the information required to be presented by a |
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private entity under Section 21.037. If a property owner requests a |
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meeting, the private entity shall hold the meeting not later than |
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the 30th day after the date the private entity sent the notice to |
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the property owner. |
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Sec. 21.034. PROPERTY OWNER INFORMATION MEETING. (a) For |
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each contiguous linear section of a proposed project route that is |
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equal to or less than 100 miles in length, the private entity shall |
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hold a group property owner meeting. For a project that exceeds 100 |
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miles in length, the private entity shall hold at least one separate |
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meeting for each 100-mile segment. |
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(b) The private entity shall hold a meeting required under |
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Subsection (a) in a centrally located public location: |
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(1) appropriate to the size and nature of the meeting; |
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and |
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(2) as convenient as possible to the majority of |
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property owners affected by the project or project segment for |
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which the meeting is required. |
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(c) The private entity shall hold the meeting in a location |
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the travel distance to which is 50 miles or less for the majority of |
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property owners who reside on property being acquired for the |
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project section or segment for which the meeting is to be held. |
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(d) A meeting required under Subsection (a) may not be |
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scheduled to begin earlier than 5:30 p.m. |
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(e) A meeting required under Subsection (a) may not be held |
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before the private entity sends at least 25 percent of the initial |
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offers required by Section 21.0113. |
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Sec. 21.035. PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER |
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INFORMATION MEETING. (a) In addition to the property owner and the |
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private entity representatives, the following individuals may |
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attend a meeting held under Section 21.034: |
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(1) an invited relative of the property owner who is |
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related to the property owner within the third degree by |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code; |
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(2) an attorney or licensed appraiser representing the |
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property owner; |
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(3) an employee or a lessee of the property owner that |
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has direct knowledge of the property; |
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(4) an employee of an entity with whom the property |
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owner has contracted for services to manage the property; or |
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(5) a county judge of a county in which all or part of |
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the project section or segment for which the meeting is held is |
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located. |
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(b) A private entity may include in the notice required by |
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Section 21.033 a requirement that the property owner identify |
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persons described by Subsections (a)(1)-(4) who intend to attend |
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the meeting not later than two days before the date of the meeting. |
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(c) The number of attendees under Subsections (a)(1)-(4) |
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may not exceed five individuals for each separate tract of |
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property. |
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(d) The private entity may require attendees to provide |
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identification and complete a registration form that includes |
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contact information. |
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(e) The private entity may take reasonable steps to maintain |
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safety and decorum at the meeting, including expelling attendees |
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who do not meet the requirements of this subchapter. |
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(f) The private entity may not deny entry to a property |
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owner who provides proper identification. |
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Sec. 21.036. PARTICIPATION BY PRIVATE ENTITY REQUIRED. One |
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or more representatives designated by the private entity shall: |
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(1) attend each meeting required by Section 21.034; |
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and |
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(2) participate in those meetings in the manner |
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prescribed by Section 21.037. |
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Sec. 21.037. PROPERTY OWNER INFORMATION MEETING AGENDA. |
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(a) At a meeting held under Section 21.034: |
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(1) the private entity shall present: |
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(A) the information contained in the landowner's |
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bill of rights statement required to be provided to a property owner |
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under Section 21.0112; |
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(B) a description of the public use for which the |
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entity wants to acquire the real property; |
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(C) the terms required under Section 21.0114 to |
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be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(D) a description of the method and factors used |
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by the entity to determine the entity's initial offer, including: |
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(i) how damages to remaining property, if |
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any, were evaluated; or |
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(ii) the name of the person who prepared the |
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appraisal report, comparative market analysis, broker price |
|
opinion, or market study required under Section 21.0113(c); |
|
(E) a description of the private entity's |
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regulatory filings related to the project; |
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(F) the basis for the private entity's exercise |
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of eminent domain authority for the project; and |
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(G) the name and contact information, as known at |
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the time of the meeting, of any third-party contractor to be used by |
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the entity to acquire the land or undertake the project; and |
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(2) any person who is an authorized attendee of the |
|
meeting must be given an opportunity at the meeting to ask questions |
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and make comments regarding: |
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(A) the rights of the property owners; |
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(B) the proposed public use for which the real |
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property is to be acquired; and |
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(C) any terms required under Section 21.0114 to |
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be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the private entity to a property owner. |
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(b) On request, a private entity shall provide, in written |
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or electronic form, the materials presented by the private entity |
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at the meeting to a property owner who could not attend the meeting. |
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Sec. 21.038. CONTACT AFTER PROPERTY OWNER INFORMATION |
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MEETING. A private entity that holds a meeting under Section 21.034 |
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may not contact a property owner for three days following the date |
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of the meeting. Nothing in this section precludes: |
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(1) a property owner or an individual allowed to |
|
attend a meeting held under Section 21.034 from contacting the |
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private entity at any time; or |
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(2) the private entity from engaging in discussions |
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with a person described by Subdivision (1) after that person |
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contacts the entity. |
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Sec. 21.039. PROCEDURES AFTER PROJECT RE-ROUTE. If any |
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part of the project is re-routed after any meeting is held under |
|
Section 21.034, the private entity shall, with respect to that |
|
re-route only, comply with the provisions of this subchapter with |
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respect to tracts along the re-route. |
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Sec. 21.0391. PRIVATE ENTITY NONCOMPLIANCE. (a) A private |
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entity subject to this subchapter may not proceed with a special |
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commissioners' hearing against a property owner unless the private |
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entity has held a meeting required under this subchapter. |
|
(b) If a court hearing a suit under this chapter determines |
|
that a private entity did not comply with the applicable provisions |
|
of this subchapter, the court shall: |
|
(1) abate any condemnation proceeding filed by the |
|
private entity until the private entity has complied with this |
|
subchapter; |
|
(2) order the private entity to comply with the |
|
applicable provisions of this subchapter; and |
|
(3) order the private entity to pay: |
|
(A) all costs of the proceeding; and |
|
(B) any reasonable attorney's fees and other |
|
professional fees incurred by the property owner that are directly |
|
related to the entity's failure to comply with the applicable |
|
provisions of this subchapter. |
|
(c) A condemnation proceeding that is abated under this |
|
section may proceed after a court finds that the private entity has |
|
complied with the applicable provisions of this subchapter. |
|
Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES |
|
SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This |
|
section applies only to a private entity that proposes to exercise |
|
the power of eminent domain to construct an electric transmission |
|
line and is subject to the authority of the Public Utility |
|
Commission of Texas under Chapter 37, Utilities Code. |
|
(b) A private entity to which this section applies and that |
|
is required by the Public Utility Commission of Texas to conduct a |
|
public meeting in connection with the electric transmission line |
|
project shall present at the meeting: |
|
(1) the information contained in the landowner's bill |
|
of rights required to be provided to a property owner under Section |
|
21.0112; |
|
(2) the terms required under Section 21.0114 to be |
|
included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(3) the name and contact information of any |
|
third-party contractor or right-of-way agent that will contact a |
|
property owner or seek access to the property owner's property in |
|
connection with the project, to the extent available; |
|
(4) the name and contact information, including direct |
|
telephone number and e-mail address, for an agent or employee of the |
|
entity with authority to answer questions about the electric |
|
transmission line project; |
|
(5) the method for calculating the value of the |
|
property being acquired by the entity and the damages, if any, to |
|
the property owner's remaining property, as part of the entity's |
|
initial offer to a property owner; and |
|
(6) a detailed summary of procedures for right-of-way |
|
acquisition after the route for the electric transmission line has |
|
been selected. |
|
(c) The private entity must give property owners the |
|
opportunity to ask the entity questions regarding eminent domain |
|
and right-of-way acquisition at the meeting. |
|
(d) After the Public Utility Commission of Texas adopts a |
|
route for the electric transmission line, the entity shall provide |
|
by letter to each property owner on the route: |
|
(1) a copy of the entity's draft easement form |
|
containing a statement of the terms required by Section 21.0114 to |
|
be included in a deed, easement, agreement, or other instrument of |
|
conveyance provided by the entity to the property owner; |
|
(2) an explanation of the initial offer process and |
|
the basis for calculating the value of the property being acquired |
|
by the entity and the damages, if any, to the property owner's |
|
remaining property as part of the initial offer required by Section |
|
21.0113; |
|
(3) a statement of the property owner's right under |
|
Section 21.0113 to receive a copy of the written appraisal with the |
|
final offer, if a copy of the written appraisal has not previously |
|
been provided to the property owner by the entity; |
|
(4) an explanation of the negotiation process, |
|
including the name and contact information of any right-of-way |
|
agent who will be participating in the process; and |
|
(5) the name and contact information, including the |
|
direct telephone number and e-mail address, for an agent or |
|
employee of the entity with authority to answer questions about the |
|
electric transmission line project. |
|
(e) On request, a private entity shall provide, in written |
|
or electronic form, the materials presented by the private entity |
|
at the meeting to a property owner who could not attend the meeting. |
|
SECTION 7. Section 21.042, Property Code, is amended by |
|
adding Subsection (d-1) to read as follows: |
|
(d-1) In estimating injury or benefit under Subsection (c) |
|
in a condemnation proceeding relating to the acquisition of real |
|
property by a private entity as defined by Section 21.0114 for a |
|
pipeline or electric transmission project, the special |
|
commissioners shall consider, in addition to the considerations |
|
required under Subsection (d), an injury or benefit to the |
|
remaining property as a result of: |
|
(1) the characteristics, size, or visibility of any |
|
infrastructure on the condemned property; |
|
(2) any limitation of future expansion of the |
|
remaining property; and |
|
(3) terms of the easement acquired in connection with, |
|
or the alignment of an easement in connection with, the |
|
condemnation. |
|
SECTION 8. (a) Except as provided by Subsection (b) of this |
|
section, the changes in law made by this Act to Chapter 21, Property |
|
Code, apply only to the acquisition of real property in connection |
|
with an initial offer made under Chapter 21, Property Code, on or |
|
after the effective date of this Act. An acquisition of real |
|
property in connection with an initial offer made under Chapter 21, |
|
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. |
|
(b) Section 21.0392, Property Code, as added by this Act, |
|
applies only to a public meeting required under Chapter 37, |
|
Utilities Code, held on or after the effective date of this Act. |
|
SECTION 9. This Act takes effect September 1, 2025. |