73R6191 GCH-F
          By West                                                H.B. No. 843
          Substitute the following for H.B. No. 843:
          By West                                            C.S.H.B. No. 843
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the transportation of carbon dioxide.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The heading of Chapter 117, Natural Resources
    1-5  Code, is amended to read as follows:
    1-6           CHAPTER 117.  HAZARDOUS LIQUID OR CARBON DIOXIDE
    1-7                    PIPELINE TRANSPORTATION INDUSTRY
    1-8        SECTION 2.  Sections 117.001(3) and (4), Natural Resources
    1-9  Code, are amended to read as follows:
   1-10              (3)  "Transportation of hazardous liquids or carbon
   1-11  dioxide" means the movement of hazardous liquids or carbon dioxide
   1-12  by pipeline, or their storage incidental to movement, except that
   1-13  it does not include any such movement through gathering lines in
   1-14  rural locations or production, refining, or manufacturing
   1-15  facilities or storage or in-plant piping systems associated with
   1-16  any of those facilities.
   1-17              (4)  "Pipeline facilities" includes new and existing
   1-18  pipe, rights-of-way, and any equipment, facility, or building used
   1-19  or intended for use in the transportation of hazardous liquids or
   1-20  carbon dioxide.
   1-21        SECTION 3.  Section 117.011, Natural Resources Code, is
   1-22  amended to read as follows:
   1-23        Sec. 117.011.  Jurisdiction.  The commission has jurisdiction
    2-1  over all pipeline transportation of hazardous liquids or carbon
    2-2  dioxide and over all hazardous liquid or carbon dioxide pipeline
    2-3  facilities as provided in the Hazardous Liquid Pipeline Safety Act
    2-4  of 1979 (Pub.L.No. 96-129).
    2-5        SECTION 4.  Sections 117.012(a) and (b), Natural Resources
    2-6  Code, are amended to read as follows:
    2-7        (a)  The commission shall adopt rules that include safety
    2-8  standards for and practices applicable to the intrastate
    2-9  transportation of hazardous liquids or carbon dioxide by pipeline
   2-10  and intrastate hazardous liquid or carbon dioxide pipeline
   2-11  facilities.
   2-12        (b)  Rules that adopt safety standards do not apply to
   2-13  movement of hazardous liquids or carbon dioxide through gathering
   2-14  lines in rural locations or production, refining, or manufacturing
   2-15  facilities or storage or in-plant piping systems associated with
   2-16  any of those facilities.
   2-17        SECTION 5.  Sections 117.013(a) and (c), Natural Resources
   2-18  Code, are amended to read as follows:
   2-19        (a)  Each owner or operator of a pipeline engaged in the
   2-20  transportation of hazardous liquids or carbon dioxide within this
   2-21  state shall maintain records, make reports, and provide any
   2-22  information the commission may require under the jurisdiction
   2-23  granted by the Hazardous Liquid Pipeline Safety Act of 1979
   2-24  (Pub.L.No. 96-129) and this chapter.
   2-25        (c)  The commission may require the owners or operators of
    3-1  hazardous liquid or carbon dioxide pipeline facilities to prepare
    3-2  and make available for inspection by its employees or agents or
    3-3  file for approval a procedural manual for each such facility in
    3-4  accordance with the requirements of Title 49, Part 195.402, Code of
    3-5  Federal Regulations.
    3-6        SECTION 6.  Section 117.014(a), Natural Resources Code, is
    3-7  amended to read as follows:
    3-8        (a)  The commission and its employees and designated agents
    3-9  may enter property on which is located pipeline facilities or any
   3-10  other property relating to the transportation of hazardous liquids
   3-11  or carbon dioxide by pipeline and may inspect and examine the
   3-12  records and property to the extent relevant to determine if a
   3-13  person is acting in compliance with this chapter and rules adopted
   3-14  by the commission under this chapter.
   3-15        SECTION 7.  Section 117.101(b), Natural Resources Code, is
   3-16  amended to read as follows:
   3-17        (b)  Except as provided by Subsection (c) of this section, a
   3-18  city may not adopt or enforce an ordinance that establishes safety
   3-19  standards or practices applicable to the pipeline transportation of
   3-20  hazardous liquids or carbon dioxide or hazardous liquid or carbon
   3-21  dioxide pipeline facilities that are subject to regulation by
   3-22  federal or state law.
   3-23        SECTION 8.  This Act takes effect September 1, 1993.
   3-24        SECTION 9.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
    4-1  emergency and an imperative public necessity that the
    4-2  constitutional rule requiring bills to be read on three several
    4-3  days in each house be suspended, and this rule is hereby suspended.