S.B. No. 468
                                        AN ACT
    1-1  relating to the regulation of the transportation of carbon dioxide.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  The heading of Chapter 117, Natural Resources
    1-4  Code, is amended to read as follows:
    1-5           CHAPTER 117.  HAZARDOUS LIQUID OR CARBON DIOXIDE
    1-6                    PIPELINE TRANSPORTATION INDUSTRY
    1-7        SECTION 2.  Subdivisions (3) and (4), Section 117.001,
    1-8  Natural Resources Code, are amended to read as follows:
    1-9              (3)  "Transportation of hazardous liquids or carbon
   1-10  dioxide" means the movement of hazardous liquids or carbon dioxide
   1-11  by pipeline, or their storage incidental to movement, except that
   1-12  it does not include any such movement through gathering lines in
   1-13  rural locations or production, refining, or manufacturing
   1-14  facilities or storage or in-plant piping systems associated with
   1-15  any of those facilities.
   1-16              (4)  "Pipeline facilities" includes new and existing
   1-17  pipe, rights-of-way, and any equipment, facility, or building used
   1-18  or intended for use in the transportation of hazardous liquids or
   1-19  carbon dioxide.
   1-20        SECTION 3.  Section 117.011, Natural Resources Code, is
   1-21  amended to read as follows:
   1-22        Sec. 117.011.  Jurisdiction.  The commission has jurisdiction
   1-23  over all pipeline transportation of hazardous liquids or carbon
   1-24  dioxide and over all hazardous liquid or carbon dioxide pipeline
    2-1  facilities as provided in the Hazardous Liquid Pipeline Safety Act
    2-2  of 1979 (Pub.L.No. 96-129).
    2-3        SECTION 4.  Subsections (a) and (b), Section 117.012, Natural
    2-4  Resources Code, are amended to read as follows:
    2-5        (a)  The commission shall adopt rules that include safety
    2-6  standards for and practices applicable to the intrastate
    2-7  transportation of hazardous liquids or carbon dioxide by pipeline
    2-8  and intrastate hazardous liquid or carbon dioxide pipeline
    2-9  facilities.
   2-10        (b)  Rules that adopt safety standards do not apply to
   2-11  movement of hazardous liquids or carbon dioxide through gathering
   2-12  lines in rural locations or production, refining, or manufacturing
   2-13  facilities or storage or in-plant piping systems associated with
   2-14  any of those facilities.
   2-15        SECTION 5.  Subsections (a) and (c), Section 117.013, Natural
   2-16  Resources Code, are amended to read as follows:
   2-17        (a)  Each owner or operator of a pipeline engaged in the
   2-18  transportation of hazardous liquids or carbon dioxide within this
   2-19  state shall maintain records, make reports, and provide any
   2-20  information the commission may require under the jurisdiction
   2-21  granted by the Hazardous Liquid Pipeline Safety Act of 1979
   2-22  (Pub.L.No. 96-129) and this chapter.
   2-23        (c)  The commission may require the owners or operators of
   2-24  hazardous liquid or carbon dioxide pipeline facilities to prepare
   2-25  and make available for inspection by its employees or agents or
   2-26  file for approval a procedural manual for each such facility in
   2-27  accordance with the requirements of Title 49, Part 195.402, Code of
    3-1  Federal Regulations.
    3-2        SECTION 6.  Subsection (a), Section 117.014, Natural
    3-3  Resources Code, is amended to read as follows:
    3-4        (a)  The commission and its employees and designated agents
    3-5  may enter property on which is located pipeline facilities or any
    3-6  other property relating to the transportation of hazardous liquids
    3-7  or carbon dioxide by pipeline and may inspect and examine the
    3-8  records and property to the extent relevant to determine if a
    3-9  person is acting in compliance with this chapter and rules adopted
   3-10  by the commission under this chapter.
   3-11        SECTION 7.  Subsection (b), Section 117.101, Natural
   3-12  Resources Code, is amended to read as follows:
   3-13        (b)  Except as provided by Subsection (c) of this section, a
   3-14  city may not adopt or enforce an ordinance that establishes safety
   3-15  standards or practices applicable to the pipeline transportation of
   3-16  hazardous liquids or carbon dioxide or hazardous liquid or carbon
   3-17  dioxide pipeline facilities that are subject to regulation by
   3-18  federal or state law.
   3-19        SECTION 8.  This Act takes effect September 1, 1993.
   3-20        SECTION 9.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.