Bill Text: TX SB742 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-21 - Referred to State Affairs [SB742 Detail]
Download: Texas-2017-SB742-Introduced.html
85R4647 PMO-F | ||
By: Kolkhorst | S.B. No. 742 |
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relating to requirements for a bona fide offer for the acquisition | ||
of property by an entity with eminent domain authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.0113, Property Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) For purposes of this section, the deed, easement, or | ||
other instrument provided under Subsection (b)(6)(B) must include: | ||
(1) for a pipeline right-of-way easement: | ||
(A) the maximum number of pipelines that may be | ||
installed in the right-of-way; | ||
(B) the outside diameter of each pipeline to be | ||
installed in the right-of-way; | ||
(C) the type or category of each petroleum | ||
product to be transported through the pipelines to be installed in | ||
the right-of-way; | ||
(D) a reasonable description of any use of the | ||
surface of the right-of-way that the entity intends to acquire; | ||
(E) a metes and bounds or center line description | ||
of the location of the easement; | ||
(F) the width of the easement; | ||
(G) the depth of the pipeline and amount of | ||
cover; | ||
(H) a requirement to use the double-ditch method | ||
for installation of the pipeline when not bore-drilled; | ||
(I) a prohibition from transferring the easement | ||
to any other entity, subsidiary, or company that does not have | ||
eminent domain authority; | ||
(J) a reservation of the property owner's right | ||
to grant additional compatible easements in the easement area to | ||
other parties; | ||
(K) a limit on third-party access to the easement | ||
area; | ||
(L) a right to damages arising from construction, | ||
maintenance, repair, replacement, or future removal of the pipeline | ||
in the easement, including any damages to growing crops or | ||
livestock; | ||
(M) a covenant to lock and close all gates and | ||
fences as necessary to prevent damage to or destruction of | ||
livestock; | ||
(N) a covenant to maintain the right-of-way; and | ||
(O) a covenant to repair and restore areas used | ||
or damaged outside the easement area to their original condition or | ||
better; | ||
(2) for an electrical transmission right-of-way | ||
easement: | ||
(A) the maximum number and spacing of the poles, | ||
towers, or other support apparatus to carry electrical lines over | ||
the easement; | ||
(B) the maximum number and electrical carrying | ||
capacity of the lines to be installed in the easement; | ||
(C) a reasonable description of any use of the | ||
surface of the right-of-way that the entity intends to acquire; | ||
(D) a metes and bounds or center line description | ||
of the location of the easement; | ||
(E) the width of the easement; | ||
(F) a reservation of the property owner's right | ||
to grant additional compatible easements in the easement area to | ||
other parties; | ||
(G) a limit on third-party access to the easement | ||
area; | ||
(H) a right to damages arising from construction, | ||
maintenance, repair, replacement, or future removal of lines and | ||
support apparatus in the easement, including any damages to growing | ||
crops or livestock; | ||
(I) a covenant to lock and close all gates and | ||
fences as necessary to prevent damage to or destruction of | ||
livestock; | ||
(J) a covenant to maintain the right-of-way; and | ||
(K) a covenant to repair and restore areas used | ||
or damaged outside the easement area to their original condition or | ||
better; | ||
(3) a prohibition against any use of the property | ||
being conveyed, other than a use stated in the instrument, without | ||
the express written consent of the property owner; | ||
(4) a covenant that the entity will indemnify and hold | ||
the property owner harmless against any claim brought against the | ||
property owner arising out of or relating to the use of condemned | ||
property by the entity or the entity's agents or contractors; and | ||
(5) a covenant that the entity will secure and keep in | ||
full force and effect at all times while the entity continues to use | ||
the condemned property a policy or policies of liability insurance: | ||
(A) issued by an insurer authorized to issue such | ||
policies in this state; | ||
(B) insuring the property owner against | ||
liability for personal injuries and property damage sustained by | ||
any person that arises from or is related to the use of the property | ||
by the entity or the entity's agents or contractors; | ||
(C) naming the property owner or the owner's | ||
successor in title as an insured; and | ||
(D) providing limits of liability as specified in | ||
the instrument. | ||
SECTION 2. Section 21.0113(c), Property Code, as added 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, 2017. |