By: Sims S.B. No. 468
73R4567 GCH-F
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
1-24 over all pipeline transportation of hazardous liquids or carbon
2-1 dioxide and over all hazardous liquid or carbon dioxide pipeline
2-2 facilities as provided in the Hazardous Liquid Pipeline Safety Act
2-3 of 1979 (Pub.L.No. 96-129).
2-4 SECTION 4. Sections 117.012(a) and (b), Natural Resources
2-5 Code, are amended to read as follows:
2-6 (a) The commission shall adopt rules that include safety
2-7 standards for and practices applicable to the intrastate
2-8 transportation of hazardous liquids or carbon dioxide by pipeline
2-9 and intrastate hazardous liquid or carbon dioxide pipeline
2-10 facilities.
2-11 (b) Rules that adopt safety standards do not apply to
2-12 movement of hazardous liquids or carbon dioxide through gathering
2-13 lines in rural locations or production, refining, or manufacturing
2-14 facilities or storage or in-plant piping systems associated with
2-15 any of those facilities.
2-16 SECTION 5. Sections 117.013(a) and (c), Natural Resources
2-17 Code, are amended to read as follows:
2-18 (a) Each owner or operator of a pipeline engaged in the
2-19 transportation of hazardous liquids or carbon dioxide within this
2-20 state shall maintain records, make reports, and provide any
2-21 information the commission may require under the jurisdiction
2-22 granted by the Hazardous Liquid Pipeline Safety Act of 1979
2-23 (Pub.L.No. 96-129) and this chapter.
2-24 (c) The commission may require the owners or operators of
2-25 hazardous liquid or carbon dioxide pipeline facilities to prepare
2-26 and make available for inspection by its employees or agents or
2-27 file for approval a procedural manual for each such facility in
3-1 accordance with the requirements of Title 49, Part 195.402, Code of
3-2 Federal Regulations.
3-3 SECTION 6. Section 117.014(a), Natural Resources Code, is
3-4 amended to read as follows:
3-5 (a) The commission and its employees and designated agents
3-6 may enter property on which is located pipeline facilities or any
3-7 other property relating to the transportation of hazardous liquids
3-8 or carbon dioxide by pipeline and may inspect and examine the
3-9 records and property to the extent relevant to determine if a
3-10 person is acting in compliance with this chapter and rules adopted
3-11 by the commission under this chapter.
3-12 SECTION 7. Section 117.101(b), Natural Resources Code, is
3-13 amended to read as follows:
3-14 (b) Except as provided by Subsection (c) of this section, a
3-15 city may not adopt or enforce an ordinance that establishes safety
3-16 standards or practices applicable to the pipeline transportation of
3-17 hazardous liquids or carbon dioxide or hazardous liquid or carbon
3-18 dioxide pipeline facilities that are subject to regulation by
3-19 federal or state law.
3-20 SECTION 8. This Act takes effect September 1, 1993.
3-21 SECTION 9. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.