Bill Text: TX HB4573 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to best management practices for landowners regarding the exercise of power of eminent domain for landowners.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to Land & Resource Management [HB4573 Detail]
Download: Texas-2019-HB4573-Introduced.html
By: Zwiener | H.B. No. 4573 |
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relating to best management practices for landowners regarding the | ||
exercise of power of eminent domain for landowners. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. CHAPTER 12. POWERS AND DUTIES CONCERNING | ||
WILDLIFE, Parks and Wildlife Code, is amended to read as follows: | ||
Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The | ||
department may provide technical guidance to landowners who request | ||
information concerning fish, wildlife, nongame, and habitat | ||
management. | ||
(b) In setting priorities for the provision of money to a | ||
landowner under this section, the department shall consider: | ||
(1) the inventory developed under Section 11.103; and | ||
(2) the priorities set under Section 11.105. | ||
(c) The department shall support landowner education | ||
programs PARKS AND WILDLIFE CODE Statute text and cooperate with | ||
appropriate state agencies. | ||
(d) The department shall provide notice of Section 12.0251 | ||
to a private landowner who requests technical assistance before | ||
entering the property to collect and record information about | ||
animal or plant life. | ||
(e) The commission by rule shall adopt policies, including | ||
written guidelines for a method for providing notice under | ||
Subsection (d) and for departmental entry onto privately owned land | ||
to collect information described by Section 12.0251(a). The | ||
policies and guidelines must identify the maximum information that | ||
the department may maintain under Section 12.0251. | ||
(f) A review or update of a record or plan produced by the | ||
department under Section 12.0251 and maintained by the landowner or | ||
the landowner's agent may be requested by the landowner or the | ||
department. | ||
(g) The department shall provide guidance to landowners | ||
undergoing the eminent domain process concerning fish, wildlife, | ||
nongame, and habitat management including: | ||
(1) Negotiating best management practices for land | ||
restoration following construction of common infrastructure | ||
projects that use eminent domain such as roads, rail lines, | ||
pipelines, and power lines; and | ||
(2) Recommendations on how to ensure an accurate | ||
valuation of wildlife lands; and | ||
(3) reasonable indemnification, including proof of | ||
appropriate insurance coverages, sound risk management practice | ||
policies, hold harmless agreements, and other provisions that | ||
provide the property owner with reasonable liability protection | ||
from any and all possible claims associated with the condemnation | ||
process; and | ||
(4) the maximum acceptable width of permanent | ||
easements, resulting from condemnation; and | ||
(5) liability for damages and losses caused by or | ||
arising out of construction, maintenance, replacement, or | ||
operations such as, but no | ||
t limited to loss of livestock, wildlife, | ||
exotic game, crops, fences, gates, trees, buildings, and other | ||
improvements; and | ||
(6) non-interference clauses with regard to other | ||
operations on property, such as grazing, farming, hunting, oil and | ||
gas operations, and other normal activities found on private | ||
properties in Texas; and | ||
(7) timetable requirements for completion of | ||
constructions | ||
(8) the responsibility of the condemning entity to | ||
remove the infrastructure within a defined timeline; nonuse needs | ||
to be clearly defined. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |