Rep. Tryon Lewis
TCJL SUPPORTS – Rep. Tryon Lewis (R-Odessa) has filed legislation in response to the Texas Supreme Court’s decision in Texas Rice Land Partners Ltd. and Mike Latta v. Denbury Green Pipeline-Texas, L.L.C. In that case, the Court overturned longstanding administrative procedures used by the Railroad Commission to certify common carrier pipelines and created a constitutional cause of action against the authorized exercise of eminent domain power to acquire right-of-way for pipelines.
HB 2748 provides that the Railroad Commission’s determination that an entity is a common carrier is not conclusive in a proceeding in district, statutory county court, and county courts unless the commission has made that determination after notice, a hearing, and an opportunity to appeal. The bill further provides that an appeal of the RRC’s determination of common carrier status is governed by existing law with respect to appeals of administrative decisions.
