Utilities Code § 163.014

Sec. 163.014. USE OF EMINENT DOMAIN. (a) A participating entity has the power of eminent domain to be exercised as provided by this section. (b) The use of eminent domain authority by a participating entity is governed by the law relating to an eminent domain proceeding involving a municipality in this state. (c) A participating entity may acquire a fee title to the condemned real property. (d) A participating entity may not use eminent domain authority to acquire: (1) an interest in an electric facility that belongs to another entity; or (2) an interest in real property to drill, mine, or produce from that property oil, gas, geothermal resources, geothermal/geopressured resources, or lignite, coal, sulphur, uranium, plutonium, or other minerals that belong to another person regardless of whether the material is in place or is in the process of being drilled, mined, or produced. (e) Subsection (d) does not affect the authority of a participating entity to acquire full title to real property for a plant site and any related surface installation or equipment, including a cooling reservoir. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.