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AN ACT
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relating to the authority of a gas corporation to use a public |
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right-of-way along a railroad, a railroad right-of-way, an |
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interurban railroad, or a street railroad. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 181.005(a), Utilities Code, is amended |
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to read as follows: |
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(a) A gas corporation has the right to lay and maintain |
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lines over, along, under, and across a public road, [a railroad,
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railroad right-of-way,] an interurban railroad, a street railroad, |
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a canal or stream, or a municipal street or alley and over, under, |
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and across a railroad or a railroad right-of-way only if: |
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(1) the pipeline complies with: |
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(A) all safety regulations adopted by the |
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Railroad Commission of Texas and all federal regulations relating |
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to pipeline facilities and pipelines; and |
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(B) all rules adopted by the Texas Department of |
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Transportation or the Railroad Commission of Texas and all federal |
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regulations regarding the accommodation of utility facilities on a |
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right-of-way, including regulations relating to the horizontal or |
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vertical placement of the pipeline; and |
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(2) the owner or operator of the pipeline ensures that |
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the public right-of-way and any associated facility are promptly |
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restored to their former condition of usefulness after the |
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installation or maintenance of the pipeline. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2289 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2289 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |