Texas Natural Resources Code
§ 111.019 — RIGHT OF EMINENT DOMAIN
NR § 111.019Title 3. OIL AND GAS · Part D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS · Ch. 111. COMMON CARRIERS, PUBLIC UTILITIES, AND COMMON PURCHASERS · Art. B. COMMON CARRIERS
Statute text
View on source(a)Common carriers have the right and power of eminent domain.
(b)In the exercise of the power of eminent domain granted under the provisions of Subsection (a) of this section, a common carrier may enter on and condemn the land, rights-of-way, easements, and property of any person or corporation necessary for the construction, maintenance, or operation of the common carrier pipeline.
(c)Upon written request by a resident or owner of land crossed by a common carrier pipeline, the common carrier must disclose material data safety sheets concerning the commodities transported by the common carrier required by the commission and the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Section 11001 et seq.). Such disclosure must be in writing and must be mailed or delivered to the resident or landowner within 30 days of receipt of the request.
(d)Before entering property for the purpose of making a preliminary survey to be used in the exercise of the power of eminent domain granted under this section, the common carrier or its employees, contractors, agents, or assigns shall provide the property owner with:
(1)written notice of the carrier's intent to enter the property; and
(2)an indemnification provision in favor of the property owner with respect to damages, if any, resulting from the survey.
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Legislative history
Acts 2021, 87th Leg., R.S., Ch. 1039 (H.B. 4107), Sec. 1, eff. September 1, 2021.