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2019 Legislative Session News

The 86th Regular Session of the Texas Legislature convened on January 8, 2019. 

On the first day of session, the Texas House of Representatives elected Representative Dennis Bonnen (R-Angleton) as Speaker of the House of Representatives. 

The Senate convened and elected Senator Kirk Watson as President Pro Tempore. Lt. Governor Dan Patrick is the presiding officer of the Senate.
 

General Information

The House of Representatives website is house.texas.gov
The Senate website is senate.texas.gov

You can follow bills through the legislative process using the Texas Legislature Online website: https://capitol.texas.gov/Home.aspx

Do you want to watch proceedings live? Click here for the Senate and here for the House. This will list both floor debate and committee hearings. 

Committees announced! 
Lt. Governor Patrick released committee assignments. You can view the complete list here

Speaker Bonnen released committee assignments on January 23. You can view the list by member or by committee.

Eminent Domain
Chairman Lois Kolkhorst and Representative Dewayne Burns filed SB 421 and HB 991, respectively, that will provide eminent domain reform.

The bills provide 3 main reforms: 
 - a public meeting in each county the project will pass through
 - minimum easement requirements
 - additional compensation for "low ball" initial offers
 
Also included in the bill are insurance and ex parte communication requirements. 

LEGISLATIVE ALERTS
S.B. 817 - Requires the BTU factor to be included on all royalty check stubs

H.B. 3372-  R
emoves your right to sue an operator for a breach of contract recover royalty payments that are withheld due to a title dispute.

H.B. 2498 -  limits a landowner’s ability to have input in or challenge any planned mining projects on their land and will require the landowners to be involved in every minutiae of the regulatory permitting process

LEGISLATION TLMA IS FOLLOWING -
Just because they are listed here does not mean TLMA will take a formal position on the bill. (This is a work in progress. Please check back for detailed updates.)

TLMA's Bills 
S.B. 817 by Hinojosa - Relating to the information required to be provided by a payor of the proceeds derived from the sale of oil or gas production to a royalty interest owner.

H.B. 3838 by Bailes - Relating to a disclosure in certain offers to purchase or lease a mineral or royalty interest.

Eminent Domain
H.B. 991 by Burns/S.B. 421 by Kolkhorst- Relating to the acquisition of real property by an entity with eminent domain authority.

H.B. 1157 by Bell- Relating to the acquisition of property by an entity with eminent domain authority.

H.B. 1245 by Ashby - Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

H.B. 1246 by Ashby - Relating to the acquisition of certain real property in conjunction with the acquisition of real property for a public use through eminent domain procedures.

H.B. 1253 by Leman - Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

H.B. 1987 by Leman - Relating to reporting requirements regarding eminent domain authority.

H.B. 2831 by Canales - Relating to the service of notice of a special commissioners' hearing in an eminent domain proceeding.

H.B. 2862 by Landgraf - Relating to the appointment of special commissioners to assess damages in an eminent domain proceeding.

H.B. 3327 by Zweiner - Relating to the acquisition of real property for a proposed oil and gas pipeline through eminent domain by a common carrier.

H.B. 3822 by Darby - Relating to the calculation of the ad valorem taxes imposed on property for the year in which the property is acquired by a governmental entity. 

H.B. 3939 by Lozano - Relating to the exercise of the power of eminent domain by a common carrier pipeline.

H.B. 4069 by Wilson - Relating to the authority of a commissioners court to disapprove of certain condemnations.

H.B. 4154 by Zweiner - Relating to the possession of condemned property by the condemnor pending the results of further litigation.

H.B. 4156 by Zweiner - Relating to the exercise of power of eminent domain by private pipeline companies for the construction of common carrier pipelines.

H.B. 4573 by Zweiner - Relating to best management practices for landowners regarding the exercise of power of eminent domain for landowners.

H.B. 4618 by Bell - Relating to the requirement that a right-of-way agent obtain a license from the Texas Real Estate Commission; expanding an occupational regulation.

S.B. 552 by Schwertner - Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

S.B. 553 by Schwertner - Relating to the acquisition of certain real property in conjunction with the acquisition of real property for a public use through eminent domain procedures.

S.B. 554 by Schwertner - Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity.

S.B. 555 HB 1247 by Schwertner - Relating to liability for the additional tax imposed on land appraised for ad valorem tax purposes as agricultural land if the use of the land changes as a result of a condemnation.

S.B. 2147 by Zaffirini - Relating to the development of a method to determine the value of certain real property for purposes of eminent domain.

S.B. 2207 by Kolkhorst -  Relating to the requirement that a right-of-way agent obtain a license from the Texas Real Estate Commission; expanding an occupational regulation.

S.B. 2276 by Buckingham - Relating to the issuance of a permit by the Railroad Commission of Texas for the routing of certain oil or gas pipelines; establishing a fee.

S.J.R. 61 by Fallon - Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity.

Property Rights

H.B. 2470 by Ed Thompson - Relating to an action for the damage to property value caused by the use of an easement.

H.B, 4423 by Zweiner - Relating to surface remediation and the restoration of land disturbed by the installation of a pipeline.

S.B. 1372 by Campbell - Relating to requirements for maintaining and decommissioning certain wind-powered generation facilities.

S.B. 1436 by Taylor - Relating to a required notice concerning an easement or right-of-way in certain Texas Real Estate Commission contract forms

S.B. 1437 by Taylor - Relating to requiring information regarding easements to be included in a commitment for title insurance

S.B. 1610 by Hall - Relating to decommissioning requirements for certain solar facilities.

S.B. 1943 by Watson - Relating to the ad valorem taxation of heir property.

S.B. 2149 by Zaffirini - Relating to the appeal of certain decisions concerning mining leases.

Oil and Gas
H.B. 1044 by Zweiner - Relating to permits for certain injection wells that transect a portion of the Edwards Aquifer.

H.B. 3226 by Geren - Relating to the terms of dissolution of an oil or gas pooled unit.

H.B. 3372 by Craddick - Relating to causes of action for withholding payments of the proceeds from the sale of oil and gas production.

H.B. 3865 by Bailes - Relating to calculation of daily production for purposes of the oil and gas production tax credits for low-producing wells and leases.

H.B. 4001 by Nevarez - Relating to the issuance of a permit by the Public Utility Commission of Texas for the routing of certain oil or gas pipelines; authorizing administrative penalties

H.B. 4280 by Morrison - Relating to funding for counties for transportation infrastructure projects located in areas of the state affected by increased oil and gas production.

H.B. 4382 by Zweiner - Relating to the issuance by the Railroad Commission of Texas of a certificate of convenience and necessity for certain common carrier pipelines.

S.B. 925 by Flores - Relating to calculation of daily production for purposes of the oil and gas production tax credits for low-producing wells and leases.

S.B. 1156 by Zaffirini - Relating to the requirement of a public hearing on certain applications for a permit to drill an oil or gas well.

S.B. 1999 by Hinojosa - Relating to an oil and gas production tax credit for oil and gas producers that provide treated produced water to aquifer storage and recovery project operators.

RRC
H.B. 857 by Anchia - Relating to the name and governance of the Railroad Commission of Texas.

H.B. 858 by Anchia - Relating to the posting by the Railroad Commission of Texas on its Internet website of certain enforcement information.

H.B. 859 by Anchia - Relating to the acceptance of political contributions by a member of the Railroad Commission of Texas and of political contributions made in connection with the office of railroad commissioner.

H.B. 1919 by Bailes - Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority.

WATER
H.B. 298 by Murr - Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

H.B. 3067 by Ashby - Relating to an oil and gas production tax credit for oil and gas producers that provide produced water for recycling.

H.B. 3246 by Darby - Relating to treating and recycling for beneficial use certain liquid or semiliquid waste arising out of or incidental to drilling for or producing oil or gas.


H.B. 3998 by Wilson - Relating to the transfer of the administration of surface water rights permitting from the Texas Commission on Environmental Quality to the Texas Water Development Board and the regulation of groundwater; authorizing fees; authorizing civil penalties.

S.B. 1836 by Alvarado - Relating to the authorization by the Texas Commission on Environmental Quality of the discharge, diversion, and transfer or other reuse of treated brackish groundwater and return flows derived from treated brackish groundwater.

House Energy Resources Committee
Chairman Chris Paddie
Vice-Chairman Abel Herrero
Rep. Rafael Anchia
Rep. Ernest Bailes
Rep. Tom Craddick
Rep. Drew Darby
Rep. Charlie Geren
Rep. Roland Gutierrez
Rep. Cody Harris
Rep. Mary Ann Perez
Rep. Jon Rosenthal

House Land & Resource Management Committee
Chairman Tom Craddick
Vice-Chairman Sergio Munoz, Jr.
Rep. Cecil Bell
Rep. Kyle Biedermann
Rep. Terry Canales
Rep. Ben Leman
Rep. Ina Minjarez
Rep. Jonathan Stickland
Rep. Shawn Thierry

Senate Natural Resources & Economic Development Committee
Chairman Brian Birdwell
Vice-Chairman Judith Zaffirini
Senator Pat Fallon
Senator Pete Flores
Senator Kelly Hancock
Senator Juan "Chuy" Hinojosa
Senator Bryan Hughes
Senator Borris Miles
Senator Angela Paxton
Senator Beverly Powell
Senator Jose Rodriguez


Senate State Affairs Committee
Chairman Joan Huffman
Vice-Chairman Bryan Hughes
Senator Brian Birdwell
Senator Brandon Creighton
Senator Pat Fallon
Senator Bob Hall
Senator Eddie Lucio, Jr. 
Senator Jane Nelson
Senator Judith Zaffirini