Bill Text: TX HB3327 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the acquisition of real property for a proposed oil and gas pipeline through eminent domain by a common carrier.
Spectrum: 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 |
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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. |