Bill Text: TX SB106 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to condemnation of municipal property for, and municipal regulation of, pipeline operations.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2011-01-31 - Referred to Natural Resources [SB106 Detail]
Download: Texas-2011-SB106-Introduced.html
| 82R898 NC-F | ||
| By: Davis | S.B. No. 106 | |
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| relating to condemnation of municipal property for, and municipal | ||
| regulation of, pipeline operations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2206, Government Code, is amended by | ||
| adding Section 2206.003 to read as follows: | ||
| Sec. 2206.003. FORMAL NEGOTIATION PROCEDURES REQUIRED IN | ||
| CERTAIN CIRCUMSTANCES. (a) A pipeline operator with eminent | ||
| domain authority that wants to acquire an easement for a public use | ||
| on real property owned by a municipality shall provide notice to the | ||
| municipality of the proposed placement of the pipeline and allow | ||
| time for the municipality to take action under Subsection (b) | ||
| before filing a condemnation petition under Chapter 21, Property | ||
| Code. | ||
| (b) Not later than the 60th day after the date the pipeline | ||
| operator notifies the municipality under Subsection (a), the | ||
| municipality shall: | ||
| (1) consent to the pipeline placement; or | ||
| (2) suggest a feasible alternative placement for the | ||
| pipeline based on the municipality's consideration of: | ||
| (A) the municipality's comprehensive plan; | ||
| (B) corridor development and planning for the | ||
| area; | ||
| (C) transit development and planning for the | ||
| area; and | ||
| (D) economic development and planning for the | ||
| area. | ||
| (c) A municipality's proposal under Subsection (b)(2) must | ||
| not unreasonably prevent a pipeline operator from accomplishing the | ||
| purpose for which the pipeline operator seeks to acquire the | ||
| property. | ||
| (d) If a pipeline operator and a municipality are unable to | ||
| agree on the placement of a pipeline on real property owned by the | ||
| municipality, the pipeline operator may file a condemnation | ||
| petition under Chapter 21, Property Code. A municipality that has | ||
| proposed an alternative placement for the pipeline under Subsection | ||
| (b) may move that the court determine whether that proposed | ||
| placement is more reasonable than the placement proposed by the | ||
| pipeline operator. If the court determines the municipality's | ||
| proposal is more reasonable than the pipeline operator's proposal, | ||
| the court shall condition the pipeline operator's acquisition of | ||
| the property interest on the implementation of the municipality's | ||
| proposed placement. | ||
| SECTION 2. Chapter 229, Local Government Code, is amended | ||
| by adding Section 229.004 to read as follows: | ||
| Sec. 229.004. REGULATION OF CERTAIN PIPELINE ACTIVITIES. A | ||
| municipality by ordinance may regulate the placement, inspection, | ||
| and maintenance of, and construction materials used for, the | ||
| following items used by a gas pipeline operator and located within | ||
| the municipality's corporate boundaries: | ||
| (1) gas pipelines used as gathering lines; | ||
| (2) pumps; | ||
| (3) compressors; | ||
| (4) separators; | ||
| (5) dehydration units; and | ||
| (6) tank batteries. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
