Bill Text: TX HB4107 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the notice of entry for the purpose of exercising the power of eminent domain by a common carrier pipeline.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4107 Detail]
Download: Texas-2021-HB4107-Comm_Sub.html
Bill Title: Relating to the notice of entry for the purpose of exercising the power of eminent domain by a common carrier pipeline.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB4107 Detail]
Download: Texas-2021-HB4107-Comm_Sub.html
By: Burrows | H.B. No. 4107 | |
(Senate Sponsor - Kolkhorst, Hall, Schwertner) | ||
(In the Senate - Received from the House May 17, 2021; | ||
May 17, 2021, read first time and referred to Committee on State | ||
Affairs; May 21, 2021, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 21, 2021, sent to printer.) | ||
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relating to the notice of entry for the purpose of exercising the | ||
power of eminent domain by a common carrier pipeline. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 111.019, Natural Resources Code, is | ||
amended by adding Subsections (d), (e), (f), and (g) to read as | ||
follows: | ||
(d) Before entering property for the purpose of making a | ||
preliminary survey to be used in the exercise of the power of | ||
eminent domain granted under this section, the common carrier or | ||
its employees, contractors, agents, or assigns shall provide the | ||
property owner with: | ||
(1) written notice of the carrier's intent to enter the | ||
property; and | ||
(2) an indemnification provision in favor of the | ||
property owner with respect to damages, if any, resulting from the | ||
survey. | ||
(e) Notice and indemnification provided under Subsection | ||
(d): | ||
(1) must be provided to the property owner not later | ||
than the second day before the date of entry to the property; | ||
(2) must include the phone number of a person whom the | ||
property owner may contact regarding any questions or objections | ||
the property owner has relating to the survey; and | ||
(3) may be provided by first class mail, e-mail, | ||
personal delivery to an adult living on the property, or by any | ||
other method of service authorized by the Texas Rules of Civil | ||
Procedure. | ||
(f) Entry to property for which notice is provided under | ||
Subsection (d) is subject to the conditions that the entry: | ||
(1) is limited to only the portion of the property | ||
that: | ||
(A) is anticipated to be affected by: | ||
(i) the route of the proposed pipeline; or | ||
(ii) a proposed pipeline appurtenance; or | ||
(B) must be accessed to conduct the survey, | ||
including the property corners or property location monuments | ||
necessary to identify the boundaries of the property; | ||
(2) is limited to the purpose of conducting surveys; | ||
(3) unless otherwise authorized by the property owner, | ||
does not authorize the cutting, removal, or relocation of a fence | ||
for the purpose of conducting the survey without the prompt | ||
restoration or repair of the fence; | ||
(4) requires the restoration of property to be as | ||
close as reasonably possible to the original condition before | ||
entry; | ||
(5) requires all equipment and tools used in the | ||
survey to be removed by a certain date; and | ||
(6) requires that the property owner, on written | ||
request, be provided, at no charge, a survey plat or depiction | ||
gathered and prepared from information obtained from the survey. | ||
(g) This section does not prevent an entity from seeking | ||
survey access rights or seeking to prevent interference with those | ||
rights in a civil action authorized under other law. | ||
SECTION 2. The changes in law made by this Act to Section | ||
111.019, Natural Resources Code, apply only to a condemnation | ||
proceeding in which the petition is filed on or after the effective | ||
date of this Act and to any property condemned through the | ||
proceeding. A condemnation proceeding in which the petition is | ||
filed before the effective date of this Act and any property | ||
condemned through the proceeding are governed by the law in effect | ||
immediately before that date, and that law is continued in effect | ||
for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. | ||
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