Sec. 111.0192. LIMITATIONS ON THE POWERS OF EMINENT DOMAIN IN CERTAIN SITUATIONS. (a) The right of eminent domain granted under this chapter to any pipelines transporting coal in whatever form shall not include and cannot be used to condemn water or water rights for use in the transportation of coal by pipeline, and no Texas water from any source shall be used in connection with the transportation, maintenance, or operation of a coal slurry pipeline (except water used for drinking, toilet, bath, or other personal uses at pumping stations or offices) within the State of Texas unless the Texas Natural Resource Conservation Commission shall determine, after public hearing, that the use will not be detrimental to the water supply of the area from which the water is sought to be extracted.
(b) The right of eminent domain granted under this chapter to any pipeline transporting coal in whatever form shall not include the power to take land or any interest in land, by exercise of the power of eminent domain, for the purpose of drilling for, mining, or producing any oil, gas, geothermal, geothermal/geopressured, lignite, coal, sulphur, uranium, plutonium, or other mineral, but this provision does not impair the right of any such entity to acquire title to real property for pipelines, including cooling ponds and related surface installations and equipment.
Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 6, eff. Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.271, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle D - Regulation of Specific Businesses and Occupations
Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers
Section 111.011. Regulation in Public Interest
Section 111.012. General Jurisdiction of Commission
Section 111.013. Control of Pipelines
Section 111.014. Publication of Tariffs
Section 111.015. Transportation Without Discrimination
Section 111.016. Discrimination Between Shippers
Section 111.017. Equal Compensation for Like Service
Section 111.018. Effect of Commission Order
Section 111.019. Right of Eminent Domain
Section 111.0191. Costs of Relocation of Property
Section 111.0192. Limitations on the Powers of Eminent Domain in Certain Situations
Section 111.0193. Restoration of Property
Section 111.0194. Pipeline Easements
Section 111.020. Pipeline on Public Stream or Highway
Section 111.021. Pipeline Under Railroad, Street Railroad, or Canal
Section 111.022. Right to Use Street or Alley in City or Town
Section 111.023. Exchange of Facilities