Bill Text: TX HB3327 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 3327 (Prior Session Legislation)

Introduced

Bill Title: Relating to the acquisition of real property for a proposed oil and gas pipeline through eminent domain by a common carrier.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2019-04-26 - Left pending in committee [HB3327 Detail]

Download: Texas-2019-HB3327-Introduced.html

	86R11669 PMO-D

	By: Zwiener	H.B. No. 3327



	A BILL TO BE ENTITLED
	AN ACT
	relating to the acquisition of real property for a proposed oil and
	gas pipeline through eminent domain by a common carrier.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 21, Property Code, is amended by adding
	Subchapter B-1 to read as follows:
	SUBCHAPTER B-1. ADDITIONAL PROCEDURES FOR ACQUISITION OF CERTAIN
	PROPERTY BY COMMON CARRIER
	Sec. 21.031. DEFINITION. In this subchapter, "common
	carrier" means a common carrier governed by Chapter 111, Natural
	Resources Code.
	Sec. 21.032. NOTICE OF INTENT BY COMMON CARRIER. (a) A
	common carrier that intends to exercise eminent domain authority to
	acquire real property for the construction and operation of an oil
	and gas pipeline must send a written notice of intent to:
	(1) the county judge of:
	(A) the county in which the proposed pipeline
	route is located; and
	(B) each county the territorial boundaries of
	which are located within five miles of the location of the proposed
	pipeline route; and
	(2) if applicable, the board of directors of:
	(A) any groundwater conservation district
	governed by Chapter 36, Water Code, in which the proposed pipeline
	route is located; and
	(B) each groundwater conservation district
	governed by Chapter 36, Water Code, the territorial boundaries of
	which are located within five miles of the location of the proposed
	pipeline route.
	(b) A notice sent under Subsection (a) must:
	(1) state the common carrier's intent to acquire real
	property for public use;
	(2) specify that the public use is the construction
	and operation of an oil and gas pipeline;
	(3) identify the real property the common carrier
	intends to acquire and the owners of the property; and
	(4) identify and provide contact information for all
	recipients of the notice.
	Sec. 21.033. PROHIBITED CONTACT BEFORE NOTICE PROVIDED. A
	common carrier may not contact any property owner identified in the
	notice of intent until after the seventh day after the date the
	notice of intent is sent under Section 21.032.
	Sec. 21.034. PUBLIC MEETING. (a) The recipients of a
	notice under Section 21.032 shall confer and, not later than the
	60th day after the date the last recipient receives notice, the
	county judge or judges and board or boards of directors, as
	applicable, may jointly select a date on which a public meeting will
	be held to consider the proposed pipeline route.
	(b) If a public meeting is scheduled under Subsection (a),
	the meeting must take place in a public location appropriate to the
	size and nature of the meeting in a county or county and groundwater
	conservation district, as applicable, through which the proposed
	route will pass.
	Sec. 21.035. NOTICE OF PUBLIC MEETING. (a) As soon as
	practicable after the date for the public meeting under Section
	21.034 is selected, a county judge or a member of a board of
	directors of a groundwater conservation district jointly
	designated by the notice recipients shall give notice of the
	meeting to the common carrier.
	(b) Not later than the 30th day before the date of the public
	meeting, notice of the public meeting shall be published:
	(1) by each county judge of a county that received
	notice under Section 21.032 on that county's Internet website;
	(2) if applicable, by each board of directors of a
	groundwater conservation district that received notice under
	Section 21.032 on that district's Internet website; and
	(3) in a newspaper of general circulation in each
	county described by Subdivision (1) and, if applicable, in each
	groundwater conservation district described by Subdivision (2).
	(c) A notice of public meeting under this section must
	include the date, time, and location of the meeting.
	Sec. 21.036. PARTICIPATION BY COMMON CARRIER. A
	representative of a common carrier that gives notice of intent
	under Section 21.032 shall attend and participate in any public
	meeting scheduled under Section 21.034.
	Sec. 21.037. OFFERS BY CERTAIN COMMON CARRIERS PROHIBITED.
	A common carrier that does not attend and participate in a public
	meeting as required by Section 21.036 may not make a bona fide offer
	described by Section 21.0113.
	SECTION 2. This Act takes effect September 1, 2019.