By: Darby, et al. (Senate Sponsor - Kolkhorst) H.B. No. 1211
         (In the Senate - Received from the House April 26, 2019;
  April 29, 2019, read first time and referred to Committee on State
  Affairs; May 19, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 19, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1211 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the acquisition of, and the construction of
  improvements to, real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CERTAIN AGREEMENTS BY ARCHITECTS AND ENGINEERS IN OR IN
  CONNECTION WITH CONSTRUCTION CONTRACTS
         SECTION 1.01.  The heading to Chapter 130, Civil Practice
  and Remedies Code, is amended to read as follows:
  CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN
  CONSTRUCTION CONTRACTS
         SECTION 1.02.  Section 130.002, Civil Practice and Remedies
  Code, is amended by adding Subsections (c), (d), and (e) to read as
  follows:
         (c)  Except as provided by Subsection (d), a covenant or
  promise in, in connection with, or collateral to a contract for
  engineering or architectural services related to an improvement to
  real property is void and unenforceable if the covenant or promise
  provides that a licensed engineer or registered architect must
  defend a party, including a third party, against a claim based
  wholly or partly on the negligence of, fault of, or breach of
  contract by a person other than the engineer or architect. A
  covenant or promise in, in connection with, or collateral to a
  contract for engineering or architectural services related to an
  improvement to real property may provide for the reimbursement of
  an owner's reasonable attorney's fees in proportion to the
  engineer's or architect's liability.
         (d)  Notwithstanding Subsection (c), an owner that is a party
  to a contract for engineering or architectural services related to
  an improvement to real property may require in the contract that the
  engineer or architect name the owner as an additional insured under
  the engineer's or architect's commercial general liability
  insurance policy and provide any defense to the owner provided by
  the policy to a named insured.
         (e)  Subsection (c) does not apply to a contract for
  design-build services between an owner and a design-builder in
  which an owner contracts with a single entity to provide both design
  and construction services.
         SECTION 1.03.  Chapter 130, Civil Practice and Remedies
  Code, is amended by adding Section 130.0021 to read as follows:
         Sec. 130.0021.  ENGINEER'S OR ARCHITECT'S STANDARD OF CARE.  
  (a)  A contract for engineering or architectural services related
  to an improvement to real property, or a contract for an improvement
  to real property that contains engineering or architectural
  services as a component part, may not require a licensed engineer or
  registered architect to perform professional services to a level of
  professional skill and care beyond that which would be provided by
  an ordinarily prudent engineer or architect with the same
  professional license under the same or similar circumstances.
         (b)  Nothing in this section prevents a party to a contract
  for engineering or architectural services from enforcing specific
  obligations in the contract that are separate from the standard of
  care.
         SECTION 1.04.  (a)  Section 130.002(c), Civil Practice and
  Remedies Code, as added by this article, applies only to a covenant
  or promise in, in connection with, or collateral to a contract
  entered into on or after the effective date of this article.
         (b)  Sections 130.002(d) and 130.0021, Civil Practice and
  Remedies Code, as added by this article, apply only to a contract
  entered into on or after the effective date of this article.
         SECTION 1.05.  This article takes effect September 1, 2019.
  ARTICLE 2.  ACQUISITION OF REAL PROPERTY BY ENTITY WITH EMINENT
  DOMAIN AUTHORITY
         SECTION 2.01.  Section 21.0113, Property Code, is amended by
  adding Subsections (c), (d), (e), and (f) to read as follows:
         (c)  Notwithstanding Subsection (b), a private entity, as
  defined by Section 21.031, with eminent domain authority that wants
  to acquire real property for a public use has made a bona fide offer
  only if the entity:
               (1)  satisfies the requirements of Subsection (b);
               (2)  includes with the initial offer:
                     (A)  an offer of compensation in an amount equal
  to or greater than:
                           (i)  the market value of the property rights
  sought to be acquired, including an estimate of damages to the
  property owner's remaining property, if any, based on an appraisal
  of the property prepared by a third party who is a certified general
  appraiser licensed under Chapter 1103, Occupations Code; or
                           (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 fee simple interest in
  property, including an estimate of damages to the property owner's
  remaining property, if any, based on data then available to the
  appraiser, broker, or private entity, as applicable, and based on:
                                 (a)  a comparative market analysis
  prepared by a third party who is a real estate broker licensed under
  Chapter 1101, Occupations Code, or a certified general appraiser
  licensed under Chapter 1103, Occupations Code;
                                 (b)  a broker price opinion prepared by
  a third party who is a real estate broker licensed under Chapter
  1101, Occupations Code; or
                                 (c)  a market study prepared by a third
  party who is a real estate broker licensed under Chapter 1101,
  Occupations Code, or a certified general appraiser licensed under
  Chapter 1103, Occupations Code;
                     (B)  the complete written report of the appraisal,
  the comparative market analysis, the broker price opinion, the
  market study, or a summary of the market study, as prepared by the
  third party, that forms the basis for the amount of the offer of
  compensation under Paragraph (A);
                     (C)  a deed, easement, agreement, or other
  instrument of conveyance for the property rights sought that
  complies with Section 21.0114;
                     (D)  notice of the terms described by Section
  21.0114(b) for which the property owner may negotiate to be
  included in a deed, easement, agreement, or other instrument of
  conveyance relating to the property;
                     (E)  a statement of the property owner's right to
  attend or request an information meeting required by Section 21.034
  or 21.035, as applicable; and
                     (F)  the landowner's bill of rights statement
  prescribed by Section 21.0112, unless previously provided to the
  property owner;
               (3)  holds a property owner information meeting under
  Section 21.034 or 21.035, as applicable;
               (4)  provides notice of the proposed project to the
  county judge of each county that the project is proposed to
  traverse; and
               (5)  includes in the final offer, if made:
                     (A)  a copy of the written appraisal report
  required by Subsection (b)(4) unless the entity has previously
  provided a copy of the report to the property owner; and
                     (B)  a deed, easement, agreement, or other
  instrument of conveyance for the property rights sought that
  complies with Section 21.0114.
         (d)  For purposes of Subsection (c)(2)(A)(ii), a real estate
  broker licensed under Chapter 1101, Occupations Code, is authorized
  to prepare an estimated price based on a comparative market
  analysis, a broker price opinion, a market study, or a summary of
  the market study.
         (e)  A condemnation suit may not be abated, delayed, or
  dismissed for noncompliance with this subchapter, except for
  abatement as provided under Section 21.047(d).
         (f)  A private entity that provides to a property owner an
  easement form that is generally consistent with the language or
  provisions required by Section 21.0114(a) and the notice required
  by Section 21.0114(b) is considered to have complied with Section
  21.0114 for purposes of Subsection (c)(2)(C), regardless of whether
  the private entity subsequently provides to the property owner a
  different deed, easement, agreement, or other instrument of
  conveyance as authorized under Sections 21.0114(c) and (d).
         SECTION 2.02.  Subchapter B, Chapter 21, Property Code, is
  amended by adding Section 21.0114 to read as follows:
         Sec. 21.0114.  REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE
  BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsections
  (b), (c), and (d), a deed, easement, agreement, or other instrument
  of conveyance provided to a property owner by a private entity, as
  defined by Section 21.031, with eminent domain authority to acquire
  the property interest to be conveyed must include the following
  terms, as applicable:
               (1)  if the instrument conveys a pipeline right-of-way
  easement, the following terms with respect to the easement rights
  granted under the instrument:
                     (A)  the maximum number of pipelines that may be
  installed in the easement;
                     (B)  the maximum diameter, excluding any
  protective coating or wrapping, of each pipeline to be initially
  installed in the easement;
                     (C)  the type or category of substances permitted
  to be transported through each pipeline to be installed in the
  easement;
                     (D)  a general description of any aboveground
  equipment or facility the private entity intends to install,
  maintain, or operate on the surface of the easement;
                     (E)  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;
                     (F)  the maximum width of the easement;
                     (G)  the minimum depth at which each pipeline to
  be installed in the easement will initially be installed;
                     (H)  a provision identifying whether the private
  entity intends to double-ditch areas of the easement that are not
  installed by boring or horizontal directional drilling;
                     (I)  a provision limiting the private entity's
  right to assign the entity's interest under the deed, easement,
  agreement, or other instrument of conveyance without:
                           (i)  written notice to the property owner at
  the last known address of the person in whose name the property is
  listed on the most recent tax roll of any taxing unit authorized to
  levy property taxes against the property; or
                           (ii)  if the assignee, including an assignee
  that is an affiliate or subsidiary of or entity otherwise related to
  the private entity, will not operate each pipeline installed on the
  easement as a common carrier line or gas utility, the express
  written consent of the property owner, subject to other mutual
  agreements under Subsections (c) and (d);
                     (J)  a provision describing whether the easement
  rights are exclusive, nonexclusive, or otherwise limited;
                     (K)  a provision limiting the private entity's
  right to grant a third party access to the easement area for a
  purpose that is not related to the construction, safety, repair,
  maintenance, inspection, replacement, operation, or removal of
  each pipeline to be installed in the easement;
                     (L)  a provision regarding the property owner's
  right to recover actual monetary damages arising from the
  construction and installation of each pipeline to be installed in
  the easement, or a statement that the consideration for the
  easement includes any monetary damages arising from the
  construction and installation of each pipeline to be installed in
  the easement;
                     (M)  a provision regarding the property owner's
  right after initial construction and installation of each pipeline
  to be installed in the easement to actual monetary damages arising
  from the repair, maintenance, inspection, replacement, operation,
  or removal of each pipeline to be installed in the easement;
                     (N)  a provision:
                           (i)  regarding the removal, cutting, use,
  repair, and replacement of gates and fences that cross the easement
  or that will be used by the private entity; or
                           (ii)  providing for the payment for any
  damage that is not restored or paid for as part of the consideration
  for the easement;
                     (O)  a provision:
                           (i)  regarding the private entity's
  obligation to restore the easement area and the property owner's
  remaining property, if any, used by the private entity to as near to
  original condition as is reasonably practicable and to maintain the
  easement; or
                           (ii)  providing for the private entity to
  reimburse the property owner for actual monetary damages incurred
  by the property owner that arise from damage to the easement area
  and the property owner's remaining property caused by the private
  entity and not restored or paid for as part of the consideration for
  the easement; and
                     (P)  a provision describing the private entity's
  rights of ingress, egress, entry, and access on, to, over, and
  across the easement;
               (2)  if the instrument conveys an electric transmission
  right-of-way easement:
                     (A)  a general description of any use of the
  surface of the easement the entity intends to acquire;
                     (B)  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;
                     (C)  the maximum width of the easement;
                     (D)  the manner in which the entity will access
  the easement;
                     (E)  a provision limiting access to the easement
  area by a third party that has not obtained authorization from the
  property owner for a purpose that is not related to the transmission
  line's construction, safety, repair, maintenance, inspection,
  replacement, operation, or removal;
                     (F)  a provision regarding the property owner's
  right to recover actual monetary damages arising from the
  construction, repair, maintenance, replacement, or future removal
  of lines and support facilities after initial construction in the
  easement, or a statement that the consideration for the easement
  includes such future damages;
                     (G)  a provision:
                           (i)  regarding the removal, cutting, use,
  repair, and replacement of gates and fences that cross the easement
  or that will be used by the private entity; or
                           (ii)  providing for the payment for any
  damage that is not restored or paid for as part of the consideration
  for the easement;
                     (H)  a provision regarding the entity's
  obligation to restore the easement area and the property owner's
  remaining property to the easement area's and the remaining
  property's original contours and grades, to the extent practicable,
  and:
                           (i)  a provision regarding the entity's
  obligation to restore the easement area and the property owner's
  remaining property following any future damages directly
  attributed to the use of the easement by the private entity, to the
  extent practicable; or
                           (ii)  a provision that the consideration for
  the easement includes future damages to the easement area and the
  property owner's remaining property;
                     (I)  a provision describing whether the easement
  rights are exclusive, nonexclusive, or otherwise limited; and
                     (J)  a prohibition against the assignment of the
  entity's interest in the property to an assignee that will not
  operate as a utility subject to the jurisdiction of the Public
  Utility Commission of Texas or the Federal Energy Regulatory
  Commission without written notice to the property owner at the last
  known address of the person in whose name the property is listed on
  the most recent tax roll of any taxing unit authorized to levy
  property taxes against the property;
               (3)  a prohibition against any use of the property
  being conveyed, other than a use stated in the deed, easement,
  agreement, or other instrument of conveyance, without the express
  written consent of the property owner;
               (4)  a provision that the terms of the deed, easement,
  agreement, or other instrument of conveyance will bind the
  successors and assigns of the property owner and private entity;
  and
               (5)  a provision setting forth the applicable insurance
  or self-insurance to be provided by the private entity.
         (b)  The private entity shall notify the property owner that
  the property owner may negotiate for the following terms to be
  included in a deed, easement, agreement, or other instrument of
  conveyance described by Subsection (a):
               (1)  a provision regarding the property owner's right
  to negotiate to recover damages, or a statement that the
  consideration for the easement includes damages, for:
                     (A)  damage to vegetation; and
                     (B)  the income loss from disruption of existing
  agricultural production or existing leases based on verifiable loss
  or lease payments; and
               (2)  a provision:
                     (A)  requiring the private entity to maintain at
  all times while the private entity uses the easement, including
  during construction and operations on the easement, liability
  insurance:
                           (i)  issued by an insurer authorized to
  issue liability insurance in this state; and
                           (ii)  insuring the property owner against
  liability for personal injuries and property damage sustained by
  any person to the extent caused by the negligence of the private
  entity or the private entity's agents or contractors and to the
  extent allowed by law; or
                     (B)  if the private entity is subject to the
  jurisdiction of the Public Utility Commission of Texas or has a net
  worth of at least $25 million, requiring the private entity to
  indemnify the property owner against liability for personal
  injuries and property damage sustained by any person caused by the
  negligence of the private entity or the private entity's agents or
  contractors.
         (c)  A private entity, as defined by Section 21.031, or the
  property owner may:
               (1)  negotiate for and agree to terms and conditions
  not required by Subsection (a) or provided by Subsection (b),
  including terms and conditions that differ from or are not included
  in a subsequent condemnation petition; and
               (2)  agree to a deed, easement, agreement, or other
  instrument of conveyance that does not include or includes terms
  that differ from the terms required by Subsection (a).
         (d)  Except as provided by this subsection, this section does
  not prohibit a private entity or the property owner from agreeing to
  amend, alter, or omit the terms required by Subsection (a) at any
  time after the private entity first provides a deed, easement,
  agreement, or other instrument containing those terms to the
  property owner, whether before or at the same time that the entity
  makes an initial offer to the property owner.  A private entity that
  changes the terms required by Subsection (a) must provide a copy of
  the amended deed, easement, agreement, or other instrument of
  conveyance to the property owner not later than the seventh day
  before the date the private entity files a condemnation petition
  relating to the property.
         (e)  A private entity that amends a deed, easement,
  agreement, or other instrument of conveyance to which this section
  applies after the initial offer or final offer is not required to
  satisfy again any requirement of Section 21.0113 that the private
  entity has previously satisfied.
         SECTION 2.03.  Section 21.012, Property Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  In addition to the contents prescribed by Subsection
  (b), a petition filed by a private entity as defined by Section
  21.031 to acquire property for a public use must state the terms to
  be included in the instrument of conveyance under Section
  21.0114(a).
         SECTION 2.04.  Chapter 21, Property Code, is amended by
  adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. ACQUISITION OF PROPERTY BY CERTAIN PRIVATE
  ENTITIES
         Sec. 21.031.  DEFINITION. In this subchapter, "private
  entity":
               (1)  means:
                     (A)  a for-profit entity, as defined by Section
  1.002, Business Organizations Code, however organized, including
  an affiliate or subsidiary, authorized to exercise the power of
  eminent domain to acquire private property for public use; or
                     (B)  a corporation organized under Chapter 67,
  Water Code, that has a for-profit entity, however organized, as the
  sole or majority member; and
               (2)  does not include:
                     (A)  a railroad operating in this state on or
  before September 1, 2019; or
                     (B)  an interstate pipeline governed by the
  Natural Gas Act (15 U.S.C. Section 717 et seq.) that does not seek
  to acquire property under this chapter.
         Sec. 21.032.  APPLICABILITY OF SUBCHAPTER. (a) In this
  section, "industrial tract" means a tract of real property that
  contains a refinery, processing facility, underground or
  aboveground storage facility, chemical plant, marine terminal,
  electric station, power plant facility, or storage terminal or
  another similar facility. The term does not include oil and gas
  production sites.
         (b)  Except as expressly provided by Section 21.034(d), this
  subchapter applies only to a private entity that seeks to acquire
  for a project for public use 25 or more tracts of real property that
  are not industrial tracts, including easements within those tracts,
  and that are owned by at least 25 separate and unaffiliated property
  owners.
         (c)  Except as expressly provided by Section 21.0392, this
  subchapter does not apply to a private entity that:
               (1)  operates or proposes to construct an electric
  transmission line; and
               (2)  is subject to the jurisdiction of the Public
  Utility Commission of Texas under Chapter 37, Utilities Code.
         Sec. 21.033.  NOTICE OF INTENT. (a) Not later than the 30th
  day before the date a private entity holds a meeting under this
  subchapter, the private entity must send a written notice of intent
  to the county judge for each county in which the private entity will
  seek to acquire property.
         (b)  A notice sent under Subsection (a) must:
               (1)  state the private entity's intent to acquire real
  property for public use;
               (2)  specify the public use; and
               (3)  identify the proposed route, including the tracts
  of real property, identified by the tract number assigned by the
  county assessor-collector, that the private entity intends to
  acquire.
         Sec. 21.034.  NOTICE OF PROPERTY OWNER INFORMATION MEETING.
  (a) A private entity shall, not later than the 14th day before the
  date of a meeting to be held under Section 21.035, provide a written
  notice advising the property owner of:
               (1)  the property owner's right to participate in a
  meeting to discuss the proposed project, including:
                     (A)  if the project is a pipeline, the substances,
  products, materials, installations, and structures the private
  entity intends to transport through, use for, or build as part of
  the project; and
                     (B)  any regulatory filings for the project
  existing at that time, if any, as to the regulatory classification
  of the project; and
               (2)  the date, time, and location of the meeting.
         (b)  The meeting notice may include a statement of the right
  of the property owner to contact the private entity under Section
  21.039.
         (c)  The private entity shall send the meeting notice to:
               (1)  the property owner listed for the property on the
  most recent tax roll for a taxing unit with authority to levy an ad
  valorem tax on the property at the address for the property owner
  listed on the tax roll; or
               (2)  the address for the property listed on the tax roll
  described by Subdivision (1).
         (d)  If a project involves fewer than 25 tracts of real
  property, including easements within those tracts, owned by
  separate and unaffiliated property owners, the private entity shall
  provide notice to the property owners in the manner prescribed by
  this section that a property owner may request a meeting with the
  private entity to receive the information required to be presented
  by a private entity under Section 21.038.  If a property owner
  requests a meeting, the private entity shall, not later than the
  30th day after the date the private entity receives the meeting
  request, offer to hold the meeting.
         Sec. 21.035.  PROPERTY OWNER INFORMATION MEETING. (a) For
  each contiguous linear section of a proposed project route that is
  equal to or less than 100 miles in length, the private entity shall
  hold at least one group property owner meeting. For a project that
  exceeds 100 miles in length, the private entity shall hold at least
  one separate meeting for each 100-mile segment.
         (b)  The private entity shall hold a meeting required under
  Subsection (a) in a centrally located public location:
               (1)  appropriate to the size and nature of the meeting;
  and
               (2)  as convenient as practicable to the majority of
  the tracts of real property, including easements within those
  tracts, affected by the project section or segment for which the
  meeting is required.
         (c)  A meeting required under Subsection (a) may not be
  scheduled to begin earlier than 5:30 p.m.
         (d)  A private entity may not hold a meeting required under
  Subsection (a) for a project section or segment earlier than the
  240th day before the date the private entity makes an initial offer
  to a property owner within the project section or segment or later
  than the 30th day before the date the private entity files a
  petition against a property owner within the project section or
  segment.
         (e)  If a private entity is unable to identify and provide
  notice to a property owner as required by Section 21.034 before the
  private entity holds a meeting required under Subsection (a), the
  private entity shall provide notice to the property owner in the
  manner described by Section 21.034(d) and, if requested by the
  property owner, meet with the property owner as prescribed by that
  subsection.
         Sec. 21.036.  PERSONS AUTHORIZED TO ATTEND PROPERTY OWNER
  INFORMATION MEETING. (a) In addition to the property owner and the
  private entity representatives, the following individuals may
  attend a meeting held under Section 21.035:
               (1)  an invited relative of the property owner who is
  related to the property owner within the third degree by
  consanguinity or affinity, as determined under Chapter 573,
  Government Code;
               (2)  an attorney or licensed appraiser representing the
  property owner;
               (3)  an employee or a lessee of the property owner that
  has direct knowledge of the property; or
               (4)  an employee of an entity with whom the property
  owner has contracted for services to manage the property.
         (b)  A private entity may include in the notice required by
  Section 21.034 a requirement that the property owner, not later
  than five days before the date of the meeting:
               (1)  notify the private entity that the property owner
  intends to attend the meeting; and
               (2)  identify persons described by Subsections
  (a)(1)-(4) who intend to attend the meeting.
         (c)  The number of attendees under Subsections (a)(1)-(4)
  may not exceed five individuals for each separate tract of
  property.
         (d)  The private entity may:
               (1)  require attendees to provide identification and
  complete a registration form that includes contact information; and
               (2)  exclude from the meeting:
                     (A)  any person who does not provide
  identification or complete a registration form, if required under
  Subdivision (1); and
                     (B)  any person described by Subsections
  (a)(1)-(4) who is not timely identified to the private entity, if
  required under Subsection (b).
         (e)  The private entity may take reasonable steps to maintain
  safety and decorum at the meeting, including expelling attendees
  who do not meet the requirements of this subchapter or who disrupt
  the meeting.
         (f)  Notwithstanding Subsection (b)(1), the private entity
  may not deny entry to a property owner who provides proper
  identification and completes a registration form, if required under
  Subsection (d)(1).
         Sec. 21.037.  PARTICIPATION BY PRIVATE ENTITY REQUIRED. One
  or more representatives designated by the private entity shall:
               (1)  attend each meeting required by Section 21.035;
  and
               (2)  participate in those meetings as described by
  Section 21.038.
         Sec. 21.038.  PROPERTY OWNER INFORMATION MEETING AGENDA.
  (a) At a meeting held under Section 21.035:
               (1)  the private entity shall present:
                     (A)  the landowner's bill of rights statement
  required to be provided to a property owner under Section 21.0112;
                     (B)  a description of the public use for which the
  entity wants to acquire the real property;
                     (C)  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;
                     (D)  a general description of the method and
  factors the entity used or intends to use to determine the entity's
  initial offer, including:
                           (i)  how damages to remaining property, if
  any, were or will be evaluated; or
                           (ii)  the name of the person who prepared or
  is anticipated to prepare the appraisal report, comparative market
  analysis, broker price opinion, market study, or summary of the
  market study required under Section 21.0113(c);
                     (E)  a description of the private entity's
  regulatory filings specifically related to the project;
                     (F)  the basis for the private entity's exercise
  of eminent domain authority for the project; and
                     (G)  the name and contact information, as known at
  the time of the meeting, of any right-of-way agent or survey company
  to be used by the private entity to acquire the property rights
  sought; and
               (2)  any authorized attendee of the meeting must be
  given an opportunity at the meeting to ask questions and make
  comments regarding:
                     (A)  the rights of the property owners;
                     (B)  the proposed public use for which the real
  property is to be acquired; and
                     (C)  any terms required under Section 21.0114 to
  be included in a deed, easement, agreement, or other instrument of
  conveyance provided by the private entity to a property owner.
         (b)  On request, a private entity shall provide, in written
  or electronic form, the materials provided by the private entity at
  the meeting to a property owner who could not attend the meeting.
         Sec. 21.039.  CONTACT AFTER PROPERTY OWNER INFORMATION
  MEETING. (a) A private entity that holds a meeting under Section
  21.035 may not, for three days following the date of the meeting,
  contact a property owner who attended a meeting and, if required
  under Section 21.036(d)(1), provided identification and completed
  a registration form.
         (b)  Nothing in this subchapter precludes:
               (1)  a property owner or an individual allowed to
  attend a meeting held under Section 21.035 from contacting the
  private entity at any time; or
               (2)  the private entity from engaging in discussions
  with a person described by Subdivision (1) after that person
  contacts the entity.
         Sec. 21.0391.  PROCEDURES AFTER PROJECT RE-ROUTE. If any
  part of the project is re-routed after any meeting is held under
  Section 21.035, the private entity shall, with respect only to the
  tracts affected by the re-route the property owners of which were
  not provided notice under Section 21.034, comply with the
  provisions of this subchapter with respect to tracts along the
  re-route.
         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 or methods 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 and method or methods 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, to the extent
  available; 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 provided by the private entity at
  the meeting to a property owner who could not attend the meeting.
         SECTION 2.05.  (a) Except as otherwise provided by this
  section, the changes in law made by this article apply 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 article. An acquisition of real property in connection with
  an initial offer made under Chapter 21, Property Code, before the
  effective date of this article is governed by the law applicable to
  the acquisition immediately before the effective date of this
  article, and that law is continued in effect for that purpose.
         (b)  Except as provided by Subsection (c) of this section,
  the changes in law made by this article do not apply to an electric
  transmission project for which the Public Utility Commission of
  Texas has issued a final and appealable order that amends a
  certificate of convenience and necessity before the effective date
  of this article.
         (c)  Section 21.0392, Property Code, as added by this
  article, applies only if a public meeting required by the Public
  Utility Commission of Texas is conducted on or after the effective
  date of this article.
         (d)  Except as provided by Subsection (e) of this section,
  the changes in law made by this article do not apply to a pipeline
  for which an application for a permit to operate the pipeline has
  been filed with the Railroad Commission of Texas before the
  effective date of this article.
         (e)  The changes in law made by this article apply to a
  pipeline project for which an application for a permit to operate
  the pipeline is filed with the Railroad Commission of Texas on or
  after September 1, 2019, unless a written survey request is
  provided to each property owner on the proposed route of the project
  not later than the 90th day after the date the application is filed.
         SECTION 2.06.  This article takes effect January 1, 2020.
 
  * * * * *