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.