Bill Caption

Relating to the notice of entry for the purpose of exercising the power of eminent domain by a common carrier pipeline.

Fiscal Notes

No significant fiscal implication to the State is anticipated

Bill Analysis

HB 4107 would modify the requirements with which a common carrier must comply with respect to entering private property for the purpose of exercising the power of eminent domain.

HB 4107 would require the common carrier or its employees, contractors, agents, or assigns, that intend to survey property to exercise eminent domain authority, to provide the property owner with a notice of intent to enter the property and an indemnification provision in favor of the property owner with respect to any damages. Other requirements for the notice are specified. 

The bill would also add requirements for a common carrier to comply with upon entering the property, including only allowing entry to the portion of the property that is anticipated to be affected by the route of a proposed pipeline, limiting the purpose of entry to only conducting surveys, prohibiting unauthorized removal or relocation of a fence without properly restoring or repairing it, requiring restoration of the property to as close to its original condition prior to entry as possible, removal of all equipment and tools, and disclosure to the property owner at no charge of any non-privileged information gathered from the entry upon request.. 

Vote Recommendation Notes

Texas Action supports HB 4107 which supports limited government and private property rights by adding reasonable requirements upon common carriers with eminent domain authority. The added requirements are not onerous in the least, benefit the rights of property owners, and will not be burdensome for an entity subject to this bill to comply with.