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.