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AN ACT
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relating to the notice of entry for the purpose of exercising the |
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power of eminent domain by a common carrier pipeline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 111.019, Natural Resources Code, is |
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amended by adding Subsections (d), (e), (f), and (g) to read as |
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follows: |
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(d) Before entering property for the purpose of making a |
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preliminary survey to be used in the exercise of the power of |
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eminent domain granted under this section, the common carrier or |
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its employees, contractors, agents, or assigns shall provide the |
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property owner with: |
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(1) written notice of the carrier's intent to enter the |
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property; and |
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(2) an indemnification provision in favor of the |
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property owner with respect to damages, if any, resulting from the |
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survey. |
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(e) Notice and indemnification provided under Subsection |
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(d): |
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(1) must be provided to the property owner not later |
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than the second day before the date of entry to the property; |
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(2) must include the phone number of a person whom the |
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property owner may contact regarding any questions or objections |
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the property owner has relating to the survey; and |
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(3) may be provided by first class mail, e-mail, |
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personal delivery to an adult living on the property, or by any |
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other method of service authorized by the Texas Rules of Civil |
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Procedure. |
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(f) Entry to property for which notice is provided under |
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Subsection (d) is subject to the conditions that the entry: |
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(1) is limited to only the portion of the property |
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that: |
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(A) is anticipated to be affected by: |
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(i) the route of the proposed pipeline; or |
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(ii) a proposed pipeline appurtenance; or |
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(B) must be accessed to conduct the survey, |
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including the property corners or property location monuments |
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necessary to identify the boundaries of the property; |
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(2) is limited to the purpose of conducting surveys; |
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(3) unless otherwise authorized by the property owner, |
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does not authorize the cutting, removal, or relocation of a fence |
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for the purpose of conducting the survey without the prompt |
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restoration or repair of the fence; |
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(4) requires the restoration of property to be as |
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close as reasonably possible to the original condition before |
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entry; |
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(5) requires all equipment and tools used in the |
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survey to be removed by a certain date; and |
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(6) requires that the property owner, on written |
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request, be provided, at no charge, a survey plat or depiction |
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gathered and prepared from information obtained from the survey. |
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(g) This section does not prevent an entity from seeking |
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survey access rights or seeking to prevent interference with those |
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rights in a civil action authorized under other law. |
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SECTION 2. The changes in law made by this Act to Section |
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111.019, Natural Resources Code, apply only to a condemnation |
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proceeding in which the petition is filed on or after the effective |
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date of this Act and to any property condemned through the |
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proceeding. A condemnation proceeding in which the petition is |
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filed before the effective date of this Act and any property |
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condemned through the proceeding are governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4107 was passed by the House on May |
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14, 2021, by the following vote: Yeas 127, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4107 was passed by the Senate on May |
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24, 2021, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |