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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

Senate Bill 686

Senate Author:  Davis, Wendy et al.

Effective:  Vetoed

House Sponsor:  Orr


            Senate Bill 686 amends the Transportation Code to entitle a gas utility to lay, maintain, and operate a natural gas pipeline through, under, along, or across a controlled access highway if the pipeline meets certain requirements. The bill limits this entitlement to a natural gas pipeline that is located or proposed to be located in a county in which a part of the Barnett Shale natural gas field is known to be located, in a county that is located in the boundaries of a metropolitan planning organization, or in the corporate limits of a municipality.  The bill authorizes the Texas Department of Transportation to require a gas utility to relocate a facility at the cost of the gas utility to accommodate construction or expansion of the highway or for any other public work unless the gas utility has a property interest in the land occupied by the facility.  Senate Bill 686 also requires a county to allow subsurface access to a county road right-of-way for the installation of a temporary water line that does not interfere with existing utilities located in the right-of-way.  The bill authorizes the county to regulate the horizontal or vertical location of the water line within the right-of-way, and it prohibits the county from adopting or enforcing an ordinance or regulation that establishes or conflicts with a safety standard or practice applicable to a temporary water line that is regulated under state or federal law.

            Reason Given for Veto:  "Senate Bill No. 686 would authorize natural gas pipelines to be located in state rights of way in certain designated areas of the state. While I agree that this would provide a benefit to communities and reduce the impact on private property owners, the bill conflicts with House Bill No. 2572, which was signed on June 19, 2009, and which accomplishes the same objectives statewide while ensuring that pipelines are installed using the highest safety standards."