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A BILL TO BE ENTITLED
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AN ACT
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relating to the acquisition of, and the construction of |
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improvements to, real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CERTAIN AGREEMENTS BY ARCHITECTS AND ENGINEERS IN OR IN |
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CONNECTION WITH CONSTRUCTION CONTRACTS |
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SECTION 1.01. The heading to Chapter 130, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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CHAPTER 130. LIABILITY PROVISIONS [INDEMNIFICATION] IN CERTAIN |
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CONSTRUCTION CONTRACTS |
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SECTION 1.02. Section 130.002, Civil Practice and Remedies |
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Code, is amended by adding Subsections (c), (d), and (e) to read as |
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follows: |
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(c) Except as provided by Subsection (d), a covenant or |
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promise in, in connection with, or collateral to a contract for |
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engineering or architectural services related to an improvement to |
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real property is void and unenforceable if the covenant or promise |
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provides that a licensed engineer or registered architect must |
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defend a party, including a third party, against a claim based |
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wholly or partly on the negligence of, fault of, or breach of |
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contract by a person other than the engineer or architect. A |
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covenant or promise in, in connection with, or collateral to a |
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contract for engineering or architectural services related to an |
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improvement to real property may provide for the reimbursement of |
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an owner's reasonable attorney's fees in proportion to the |
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engineer's or architect's liability. |
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(d) Notwithstanding Subsection (c), an owner that is a party |
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to a contract for engineering or architectural services related to |
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an improvement to real property may require in the contract that the |
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engineer or architect name the owner as an additional insured under |
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the engineer's or architect's commercial general liability |
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insurance policy and provide any defense to the owner provided by |
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the policy to a named insured. |
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(e) Subsection (c) does not apply to a contract for |
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design-build services between an owner and a design-builder in |
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which an owner contracts with a single entity to provide both design |
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and construction services. |
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SECTION 1.03. Chapter 130, Civil Practice and Remedies |
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Code, is amended by adding Section 130.0021 to read as follows: |
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Sec. 130.0021. ENGINEER'S OR ARCHITECT'S STANDARD OF CARE. |
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(a) A contract for engineering or architectural services related |
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to an improvement to real property, or a contract for an improvement |
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to real property that contains engineering or architectural |
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services as a component part, may not require a licensed engineer or |
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registered architect to perform professional services to a level of |
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professional skill and care beyond that which would be provided by |
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an ordinarily prudent engineer or architect with the same |
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professional license under the same or similar circumstances. |
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(b) Nothing in this section prevents a party to a contract |
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for engineering or architectural services from enforcing specific |
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obligations in the contract that are separate from the standard of |
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care. |
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SECTION 1.04. (a) Section 130.002(c), Civil Practice and |
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Remedies Code, as added by this article, applies only to a covenant |
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or promise in, in connection with, or collateral to a contract |
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entered into on or after the effective date of this article. |
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(b) Sections 130.002(d) and 130.0021, Civil Practice and |
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Remedies Code, as added by this article, apply only to a contract |
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entered into on or after the effective date of this article. |
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SECTION 1.05. This article takes effect September 1, 2019. |
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ARTICLE 2. ACQUISITION OF REAL PROPERTY BY ENTITY WITH EMINENT |
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DOMAIN AUTHORITY |
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SECTION 2.01. Section 21.0113, Property Code, is amended by |
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adding Subsections (c), (d), (e), and (f) to read as follows: |
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(c) Notwithstanding Subsection (b), a private entity, as |
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defined by Section 21.031, with eminent domain authority that wants |
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to acquire real property for a public use has made a bona fide offer |
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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); |
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(C) a deed, easement, agreement, or other |
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instrument of conveyance for the property rights sought that |
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complies with Section 21.0114; |
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(D) notice of the terms described by Section |
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21.0114(b) 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; |
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(E) a statement of the property owner's right to |
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attend or request an information meeting required by Section 21.034 |
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or 21.035, as applicable; and |
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(F) the landowner's bill of rights statement |
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prescribed by Section 21.0112, unless previously provided to the |
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property owner; |
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(3) holds a property owner information meeting under |
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Section 21.034 or 21.035, as applicable; |
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(4) provides notice of the proposed project to the |
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county judge of each county that the project is proposed to |
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traverse; and |
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(5) includes in the final offer, if made: |
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(A) a copy of the written appraisal report |
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required by Subsection (b)(4) unless the entity has previously |
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provided a copy of the report to the property owner; and |
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(B) a deed, easement, agreement, or other |
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instrument of conveyance for the property rights sought that |
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complies with Section 21.0114. |
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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 condemnation suit may not be abated, delayed, or |
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dismissed for noncompliance with this subchapter, except for |
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abatement as provided under Section 21.047(d). |
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(f) 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(a) and the notice required |
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by Section 21.0114(b) is considered to have complied with Section |
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21.0114 for purposes of Subsection (c)(2)(C), regardless of whether |
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the private entity subsequently provides to the property owner a |
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different deed, easement, agreement, or other instrument of |
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conveyance as authorized under Sections 21.0114(c) and (d). |
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SECTION 2.02. Subchapter B, Chapter 21, Property Code, is |
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amended by adding Section 21.0114 to read as follows: |
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Sec. 21.0114. REQUIRED TERMS FOR INSTRUMENTS OF CONVEYANCE |
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BY CERTAIN PRIVATE ENTITIES. (a) Except as provided by Subsections |
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(b), (c), and (d), a deed, easement, agreement, or other instrument |
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of conveyance provided to a property owner by a private entity, as |
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defined by Section 21.031, with eminent domain authority to acquire |
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the property interest to be conveyed must include the following |
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terms, as applicable: |
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(1) if the instrument conveys a pipeline right-of-way |
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easement, the following terms with respect to the easement rights |
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granted under the instrument: |
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(A) the maximum number of pipelines that may be |
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installed in the easement; |
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(B) the maximum diameter, excluding any |
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protective coating or wrapping, of each pipeline to be initially |
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installed in the easement; |
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(C) the type or category of substances permitted |
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to be transported through each pipeline to be installed in the |
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easement; |
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(D) 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 on the surface of the easement; |
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(E) 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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(F) the maximum width of the easement; |
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(G) the minimum depth at which each pipeline to |
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be installed in the easement will initially be installed; |
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(H) a provision identifying whether the private |
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entity intends to double-ditch areas of the easement that are not |
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installed by boring or horizontal directional drilling; |
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(I) a provision limiting the private entity's |
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right to assign the entity's interest under the deed, easement, |
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agreement, or other instrument of conveyance without: |
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(i) written notice to the property owner at |
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the last known address of the person in whose name the property is |
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listed on the most recent tax roll of any taxing unit authorized to |
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levy property taxes against the property; or |
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(ii) if the assignee, including an assignee |
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that is an affiliate or subsidiary of or entity otherwise related to |
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the private entity, will not operate each pipeline installed on the |
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easement as a common carrier line or gas utility, the express |
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written consent of the property owner, subject to other mutual |
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agreements under Subsections (c) and (d); |
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(J) a provision describing whether the easement |
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rights are exclusive, nonexclusive, or otherwise limited; |
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(K) a provision limiting the private entity's |
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right to grant 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 in the easement; |
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(L) 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 in |
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the easement, or a statement that the consideration for the |
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easement includes any monetary damages arising from the |
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construction and installation of each pipeline to be installed in |
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the easement; |
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(M) a provision regarding the property owner's |
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right after initial construction and installation of each pipeline |
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to be installed in the easement to actual monetary damages arising |
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from the repair, maintenance, inspection, replacement, operation, |
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or removal of each pipeline to be installed in the easement; |
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(N) 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; or |
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(ii) providing for the payment for any |
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damage that is not restored or paid for as part of the consideration |
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for the easement; |
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(O) a provision: |
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(i) 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, if any, used by the private entity to as near to |
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original condition as is reasonably practicable and to maintain the |
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easement; 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 easement area |
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and the property owner's remaining property caused by the private |
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entity and not restored or paid for as part of the consideration for |
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the easement; and |
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(P) 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 easement; |
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(2) if the instrument conveys an electric transmission |
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right-of-way easement: |
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(A) a general description of any use of the |
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surface of the easement the entity 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; |
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(D) the manner in which the entity will access |
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the easement; |
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(E) a provision limiting access to the easement |
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area by a third party that has not obtained authorization from the |
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property owner for a purpose that is not related to the transmission |
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line's construction, safety, repair, maintenance, inspection, |
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replacement, operation, or removal; |
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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, repair, maintenance, replacement, or future removal |
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of lines and support facilities after initial construction in the |
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easement, or a statement that the consideration for the easement |
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includes such future 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; or |
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(ii) providing for the payment for any |
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damage that is not restored or paid for as part of the consideration |
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for the easement; |
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(H) 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 to the easement area's and the remaining |
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property's original contours and grades, to the extent practicable, |
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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 practicable; or |
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(ii) a provision that the consideration for |
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the easement includes future damages to the easement area and the |
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property owner's remaining property; |
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(I) a provision describing whether the easement |
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rights are exclusive, nonexclusive, or otherwise limited; 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 of the property |
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being conveyed, other than a use stated in the deed, easement, |
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agreement, or other instrument of conveyance, without the express |
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written consent of the property owner; |
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(4) a provision that the terms of the deed, easement, |
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agreement, or other instrument of conveyance will bind the |
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successors and assigns of the property owner and private entity; |
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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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(b) The private entity shall notify the property owner that |
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the property owner may negotiate for the following terms to be |
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included in a deed, easement, agreement, or other instrument of |
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conveyance described by Subsection (a): |
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(1) a provision regarding the property owner's right |
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to negotiate to recover damages, or a statement that the |
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consideration for the easement includes damages, for: |
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(A) damage to vegetation; and |
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(B) the income loss from disruption of existing |
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agricultural production or existing leases based on verifiable loss |
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or lease payments; and |
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(2) a provision: |
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(A) requiring the private entity to maintain at |
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all times while the private entity uses the easement, including |
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during construction and operations on the easement, liability |
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insurance: |
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(i) issued by an insurer authorized to |
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issue liability insurance in this state; and |
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(ii) insuring the property owner against |
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liability for personal injuries and property damage sustained by |
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any person to the extent caused by the negligence of the private |
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entity or the private entity's agents or contractors and to the |
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extent allowed by law; or |
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(B) if the private entity is subject to the |
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jurisdiction of the Public Utility Commission of Texas or has a net |
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worth of at least $25 million, requiring the private entity to |
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indemnify the property owner against liability for personal |
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injuries and property damage sustained by any person caused by the |
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negligence of the private entity or the private entity's agents or |
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contractors. |
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(c) A private entity, as defined by Section 21.031, or the |
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property owner may: |
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(1) negotiate for and agree to terms and conditions |
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not required by Subsection (a) or provided by Subsection (b), |
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including terms and conditions that differ from or are not included |
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in a subsequent condemnation petition; and |
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(2) agree to a deed, easement, agreement, or other |
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instrument of conveyance that does not include or includes terms |
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that differ from the terms required by Subsection (a). |
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(d) Except as provided by this subsection, this section does |
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not prohibit a private entity or the property owner from agreeing to |
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amend, alter, or omit the terms required by Subsection (a) at any |
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time after the private entity first provides a deed, easement, |
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agreement, or other instrument containing those terms to the |
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property owner, whether before or at the same time that the entity |
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makes an initial offer to the property owner. A private entity that |
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changes the terms required by Subsection (a) must provide a copy of |
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the amended deed, easement, agreement, or other instrument of |
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conveyance to the property owner not later than the seventh day |
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before the date the private entity files a condemnation petition |
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relating to the property. |
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(e) A private entity that amends a deed, easement, |
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agreement, or other instrument of conveyance to which this section |
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applies after the initial offer or final offer is not required to |
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satisfy again any requirement of Section 21.0113 that the private |
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entity has previously satisfied. |
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SECTION 2.03. 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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21.031 to acquire property for a public use must state the terms to |
|
be included in the instrument of conveyance under Section |
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21.0114(a). |
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SECTION 2.04. Chapter 21, Property Code, is amended by |
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adding 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": |
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(1) means: |
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(A) a for-profit entity, as defined by Section |
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1.002, Business Organizations Code, however organized, including |
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an affiliate or subsidiary, authorized to exercise the power of |
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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 |
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sole or majority member; and |
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(2) does not include: |
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(A) a railroad operating in this state on or |
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before September 1, 2019; or |
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(B) an interstate pipeline governed by the |
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Natural Gas Act (15 U.S.C. Section 717 et seq.) that does not seek |
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to acquire property under this chapter. |
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Sec. 21.032. APPLICABILITY OF SUBCHAPTER. (a) In this |
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section, "industrial tract" means a tract of real property that |
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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 |
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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. |
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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 |
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30th day after the date the private entity receives the meeting |
|
request, offer to hold the meeting. |
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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 |
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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 21.035: |
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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; or |
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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. |
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(b) A private entity may include in the notice required by |
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Section 21.034 a requirement that the property owner, not later |
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than five days before the date of the meeting: |
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(1) notify the private entity that the property owner |
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intends to attend the meeting; and |
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(2) identify persons described by Subsections |
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(a)(1)-(4) who intend to attend 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: |
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(1) require attendees to provide identification and |
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complete a registration form that includes contact information; and |
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(2) exclude from the meeting: |
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(A) any person who does not provide |
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identification or complete a registration form, if required under |
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Subdivision (1); and |
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(B) any person described by Subsections |
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(a)(1)-(4) who is not timely identified to the private entity, if |
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required under Subsection (b). |
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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 or who disrupt |
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the meeting. |
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(f) Notwithstanding Subsection (b)(1), the private entity |
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may not deny entry to a property owner who provides proper |
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identification and completes a registration form, if required under |
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Subsection (d)(1). |
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Sec. 21.037. 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 21.035; |
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and |
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(2) participate in those meetings as described by |
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Section 21.038. |
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Sec. 21.038. PROPERTY OWNER INFORMATION MEETING AGENDA. |
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(a) At a meeting held under Section 21.035: |
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(1) the private entity shall present: |
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(A) the landowner's bill of rights statement |
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required to be provided to a property owner 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 |
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conveyance provided by the entity to the property owner; |
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(D) a general description of the method and |
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factors the entity used or intends to use to determine the entity's |
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initial offer, including: |
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(i) how damages to remaining property, if |
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any, were or will be evaluated; or |
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(ii) the name of the person who prepared or |
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is anticipated to prepare the appraisal report, comparative market |
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analysis, broker price opinion, market study, or summary of the |
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market study required under Section 21.0113(c); |
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(E) a description of the private entity's |
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regulatory filings specifically 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 right-of-way agent or survey company |
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to be used by the private entity to acquire the property rights |
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sought; and |
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(2) any authorized attendee of the meeting must be |
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given an opportunity at the meeting to ask questions and make |
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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 |
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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 provided by the private entity at |
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the meeting to a property owner who could not attend the meeting. |
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Sec. 21.039. CONTACT AFTER PROPERTY OWNER INFORMATION |
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MEETING. (a) A private entity that holds a meeting under Section |
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21.035 may not, for three days following the date of the meeting, |
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contact a property owner who attended a meeting and, if required |
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under Section 21.036(d)(1), provided identification and completed |
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a registration form. |
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(b) Nothing in this subchapter precludes: |
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(1) a property owner or an individual allowed to |
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attend a meeting held under Section 21.035 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. 21.0391. PROCEDURES AFTER PROJECT RE-ROUTE. If any |
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part of the project is re-routed after any meeting is held under |
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Section 21.035, the private entity shall, with respect only to the |
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tracts affected by the re-route the property owners of which were |
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not provided notice under Section 21.034, comply with the |
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provisions of this subchapter with respect to tracts along the |
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re-route. |
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Sec. 21.0392. PROCEDURES FOR CERTAIN PRIVATE ENTITIES |
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SUBJECT TO JURISDICTION OF PUBLIC UTILITY COMMISSION. (a) This |
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section applies only to a private entity that proposes to exercise |
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the power of eminent domain to construct an electric transmission |
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line and is subject to the authority of the Public Utility |
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Commission of Texas under Chapter 37, Utilities Code. |
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(b) A private entity to which this section applies and that |
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is required by the Public Utility Commission of Texas to conduct a |
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public meeting in connection with the electric transmission line |
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project shall present at the meeting: |
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(1) the information contained in the landowner's bill |
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of rights required to be provided to a property owner under Section |
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21.0112; |
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(2) the terms required under Section 21.0114 to be |
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included in a deed, easement, agreement, or other instrument of |
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conveyance provided by the entity to the property owner; |
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(3) the name and contact information of any |
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third-party contractor or right-of-way agent that will contact a |
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property owner or seek access to the property owner's property in |
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connection with the project, to the extent available; |
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(4) the name and contact information, including direct |
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telephone number and e-mail address, for an agent or employee of the |
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entity with authority to answer questions about the electric |
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transmission line project; |
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(5) the method or methods for calculating the value of |
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the property being acquired by the entity and the damages, if any, |
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to the property owner's remaining property, as part of the entity's |
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initial offer to a property owner; and |
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(6) a detailed summary of procedures for right-of-way |
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acquisition after the route for the electric transmission line has |
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been selected. |
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(c) The private entity must give property owners the |
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opportunity to ask the entity questions regarding eminent domain |
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and right-of-way acquisition at the meeting. |
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(d) After the Public Utility Commission of Texas adopts a |
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route for the electric transmission line, the entity shall provide |
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by letter to each property owner on the route: |
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(1) a copy of the entity's draft easement form |
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containing a statement of the terms required by Section 21.0114 to |
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be included in a deed, easement, agreement, or other instrument of |
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conveyance provided by the entity to the property owner; |
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(2) an explanation of the initial offer process and |
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the basis and method or methods for calculating the value of the |
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property being acquired by the entity and the damages, if any, to |
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the property owner's remaining property as part of the initial |
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offer required by Section 21.0113; |
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(3) a statement of the property owner's right under |
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Section 21.0113 to receive a copy of the written appraisal with the |
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final offer, if a copy of the written appraisal has not previously |
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been provided to the property owner by the entity; |
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(4) an explanation of the negotiation process, |
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including the name and contact information of any right-of-way |
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agent who will be participating in the process, to the extent |
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available; and |
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(5) the name and contact information, including the |
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direct telephone number and e-mail address, for an agent or |
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employee of the entity with authority to answer questions about the |
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electric transmission line project. |
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(e) On request, a private entity shall provide, in written |
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or electronic form, the materials provided by the private entity at |
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the meeting to a property owner who could not attend the meeting. |
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SECTION 2.05. (a) Except as otherwise provided by this |
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section, the changes in law made by this article apply to the |
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acquisition of real property in connection with an initial offer |
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made under Chapter 21, Property Code, on or after the effective date |
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of this article. An acquisition of real property in connection with |
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an initial offer made under Chapter 21, Property Code, before the |
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effective date of this article is governed by the law applicable to |
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the acquisition immediately before the effective date of this |
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article, and that law is continued in effect for that purpose. |
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(b) Except as provided by Subsection (c) of this section, |
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the changes in law made by this article do not apply to an electric |
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transmission project for which the Public Utility Commission of |
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Texas has issued a final and appealable order that amends a |
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certificate of convenience and necessity before the effective date |
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of this article. |
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(c) Section 21.0392, Property Code, as added by this |
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article, applies only if a public meeting required by the Public |
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Utility Commission of Texas is conducted on or after the effective |
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date of this article. |
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(d) Except as provided by Subsection (e) of this section, |
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the changes in law made by this article do not apply to a pipeline |
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for which an application for a permit to operate the pipeline has |
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been filed with the Railroad Commission of Texas before the |
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effective date of this article. |
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(e) The changes in law made by this article apply to a |
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pipeline project for which an application for a permit to operate |
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the pipeline is filed with the Railroad Commission of Texas on or |
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after September 1, 2019, unless a written survey request is |
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provided to each property owner on the proposed route of the project |
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not later than the 90th day after the date the application is filed. |
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SECTION 2.06. This article takes effect January 1, 2020. |
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