H.B. No. 1449
  relating to certain right-of-way easements on land owned by the
  Parks and Wildlife Department.
         SECTION 1.  Section 34.002(a), Natural Resources Code, is
  amended to read as follows:
         (a)  The provisions of this chapter apply to:
               (1)  land owned by the [Texas] Parks and Wildlife
  Department, except as provided by Section 34.064(c); and
               (2)  land owned by the Texas Department of Criminal
         SECTION 2.  Section 34.064(c), Natural Resources Code, is
  amended to read as follows:
         (c)  The provisions of this section:
               (1)  do not apply to land owned by the Parks and
  Wildlife Department on which an easement may be granted under
  Section 11.301, Parks and Wildlife Code;
               (2)  do not apply to land owned by the state as a part of
  the penitentiary system; and
               (3)  do not repeal Section 496.004, Government Code 
  [Chapter 166, General Laws, Acts of the 42nd Legislature, Regular
  Session, 1931, as amended (Article 6203d, Vernon's Texas Civil
         SECTION 3.  Chapter 11, Parks and Wildlife Code, is amended
  by adding Subchapter L to read as follows:
         Sec. 11.301.  EASEMENTS. (a)  The commission may grant,
  lease, or renew permanent or temporary right-of-way easements on
  department land for:
               (1)  public highways, roads and streets, and ditches;
               (2)  electric lines and pipelines, including necessary
  wires, pipes, poles, and other equipment used to transmit, convey,
  or distribute water, electricity, gas, oil, or similar substances
  or commodities;
               (3)  electrical substations;
               (4)  equipment stations, vaults, cabinets, poles,
  power pedestals, and underground lines, circuits, and conduits, and
  other equipment used in the provision of communication services; or
               (5)  the provision of utilities for the operation of
  facilities of the department and roadways for access to facilities
  of the department.
         (b)  Except as provided by this subsection, the commission
  may not grant or lease an easement unless the commission receives
  the fair market value as consideration for the grant or lease.
  Consideration for an easement may include goods and services. The
  commission may grant without consideration a state highway easement
  to the Texas Department of Transportation, a roadway easement to a
  county for connecting roads between state highways, easements to
  utility providers for utilities to serve department facilities, and
  roadway easements to a city or county to provide roadways for
  department facilities.
         (c)  A grant or lease must contain a full reservation of
  minerals in and under the land. The commission may impose other
  fair and reasonable conditions, covenants, and provisions.
         SECTION 4.  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, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1449 was passed by the House on April
  26, 2011, by the following vote:  Yeas 145, Nays 0, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1449 was passed by the Senate on May
  17, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________