This article contains a list of changes to SB 421 as a result of a floor amendment before final passage from the Senate.
April 4, 2019
After an impassioned speech by Sen. Lois Kolkhorst, her amended bill intended to provide expanded protections for property owners in private-company eminent domain procedures was passed out of the Texas Senate 28-3 on Thursday.
In remarks, the senator expressed exasperation at the demands made by oil and gas-related concerns aimed at keeping their current rights under eminent domain laws, and weariness after weeks of negotiations over the bill that effectively weakened the bill’s landowner protections when compared to the bill she introduced.
Those talks included Rep. Dwayne Burns (who’s carrying a similar House bill that’s not been heard yet) and the Lt. Governor.
“Oil and Gas, They’re My Friends” But…
The bill comes at a monumental time for the pipeline business, which is booming with new construction as increasingly more crude and gas are pumped from the Permian Basin and elsewhere in Texas.
The District 18 senator said she started with a “big idea” in 2015 to fight for fair contracts and initial offers to landowners in the often difficult and complicated condemnation negotiations
Her attempts in earlier legislative sessions at passing bills to protect such landowners hadn’t gotten this far.
In her Thursday speech, Sen. Kolkhorst also expressed exasperation at the ease with which pipeline companies may draw on eminent domain laws.
The senator said “50 or 60 people organically” showed up (she put out no invitations, she said) at a committee hearing in March to talk about the bill, some telling stories about how their land was “taken from them.”
The “ability to own our own land” is a Constitutional right, she told the Senate, a precious right — but it can be taken away by companies that can, because “we have given them that power,” simply “show up at the Railroad Commission then fill out a form and check a box and they have that power” of eminent domain.
Sen. Kolkhorst spoke of landowners’ attempts during difficult negotiations to protect their land and receive fair compensation, including reasonable upfront offers.
SB 421 started out as a “really tough bill,” and if you look at most of the people who filled out “drop cards” against the bill, “most of those people you will find in an ethics report because they’re paid to be here.”
But the committee substitute is a “much skinnier bill” than the original because of give-and-take, she said, partially because Lt. Gov. Dan Patrick helped broker the demands from both sides, meeting with landowners and groups such as TXOGA in attempts to reach compromise……