Bill Text: TX SB2386 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the authority of an electric cooperative to use the power of eminent domain to acquire certain real property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-23 - Referred to Natural Resources & Economic Development [SB2386 Detail]

Download: Texas-2023-SB2386-Introduced.html
  88R2706 KBB-D
 
  By: Zaffirini S.B. No. 2386
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of an electric cooperative to use the
  power of eminent domain to acquire certain real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.125, Utilities Code, is amended to
  read as follows:
         Sec. 161.125.  EMINENT DOMAIN.  (a) An electric cooperative
  may exercise the power of eminent domain in the manner provided by
  state law for acquiring private property for public use.  The power
  does not apply to state property or property of a political
  subdivision in this state.
         (b)  An electric cooperative may not exercise the power of
  eminent domain to acquire an interest in real property to drill,
  mine, or produce from that property oil, gas, geothermal resources,
  geothermal/geopressured resources, or lignite, coal, sulphur,
  uranium, plutonium, or other minerals that belong to another person
  regardless of whether the material is in place or is in the process
  of being drilled, mined, or produced.
         SECTION 2.  The change in law made by this Act applies only
  to the acquisition of real property in connection with an initial
  offer made under Section 21.0113, Property Code, on or after the
  effective date of this Act.  An acquisition of real property in
  connection with an initial offer made under Section 21.0113,
  Property Code, before the effective date of this Act is governed by
  the law applicable to the acquisition immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
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