H.B. No. 2572
 
 
 
 
AN ACT
  relating to the authority of a gas corporation to use a public
  right-of-way.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 121.2025(a), Utilities Code, is amended
  to read as follows:
         (a)  Except as otherwise provided by this section or Section
  182.025, Tax Code, a municipality may not assess a charge for the
  placement, construction, maintenance, repair, replacement,
  operation, use, relocation, or removal of a gas pipeline facility
  on, along, under, or across a public road, highway, street, alley,
  stream, canal, or other public way.
         SECTION 2.  Section 181.005, Utilities Code, is amended to
  read as follows:
         Sec. 181.005.  AUTHORITY TO LAY AND MAINTAIN LINES.  (a)  A
  gas corporation has the right to lay and maintain lines over, along,
  under, and across a public road, a railroad, railroad right-of-way,
  an interurban railroad, a street railroad, a canal or stream, or a
  municipal street or alley only if:
               (1)  the pipeline complies with:
                     (A)  all safety regulations adopted by the
  Railroad Commission of Texas and all federal regulations relating
  to pipeline facilities and pipelines; and
                     (B)  all rules adopted by the Texas Department of
  Transportation or the Railroad Commission of Texas and all federal
  regulations regarding the accommodation of utility facilities on a
  right-of-way, including regulations relating to the horizontal or
  vertical placement of the pipeline; and
               (2)  the owner or operator of the pipeline ensures that
  the public right-of-way and any associated facility are promptly
  restored to their former condition of usefulness after the
  installation or maintenance of the pipeline.
         (b)  The right granted by Subsection (a) relating to the use
  of a municipal street or alley is subject to the payment of charges
  in accordance with Section 121.2025 of this code and Sections
  182.025 and 182.026, Tax Code.
         (c)  In determining the route of a pipeline within a
  municipality, a gas corporation shall consider using existing
  easements and public rights-of-way, including streets, roads,
  highways, and utility rights-of-way. In deciding whether to use a
  public easement or right-of-way, the gas corporation shall consider
  whether:
               (1)  the use is economically practicable;
               (2)  adequate space exists; and
               (3)  the use will violate, or cause the violation of any
  pipeline safety regulations.
         (d)  The Texas Department of Transportation may require the
  owner or operator of a pipeline to relocate the pipeline:
               (1)  at the expense of the owner or operator of the
  pipeline, if the pipeline is located on a right-of-way of the state
  highway system;
               (2)  at the expense of this state, if the pipeline is
  located on property in which the owner or operator of the pipeline
  has a private interest; or
               (3)  in accordance with Section 203.092,
  Transportation Code, at the expense of this state, if the pipeline
  is owned or operated by a gas utility as defined by Section 181.021
  of this code or a common carrier as defined by Chapter 111, Natural
  Resources Code.
         (e)  Rules adopted by the Texas Department of Transportation
  regarding horizontal and vertical placement of pipelines must be
  reasonable and, for rights-of-way of the state highway system, must
  provide an appeals process through the Texas Department of
  Transportation.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2572 was passed by the House on April
  28, 2009, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2572 on May 25, 2009, by the following vote:  Yeas 146, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2572 was passed by the Senate, with
  amendments, on May 21, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor