1-1 By: Sims S.B. No. 468
1-2 (In the Senate - Filed February 24, 1993; February 25, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 8, 1993, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; March 8, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the regulation of the transportation of carbon dioxide.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. The heading of Chapter 117, Natural Resources
1-24 Code, is amended to read as follows:
1-25 CHAPTER 117. HAZARDOUS LIQUID OR CARBON DIOXIDE
1-26 PIPELINE TRANSPORTATION INDUSTRY
1-27 SECTION 2. Subdivisions (3) and (4), Section 117.001,
1-28 Natural Resources Code, are amended to read as follows:
1-29 (3) "Transportation of hazardous liquids or carbon
1-30 dioxide" means the movement of hazardous liquids or carbon dioxide
1-31 by pipeline, or their storage incidental to movement, except that
1-32 it does not include any such movement through gathering lines in
1-33 rural locations or production, refining, or manufacturing
1-34 facilities or storage or in-plant piping systems associated with
1-35 any of those facilities.
1-36 (4) "Pipeline facilities" includes new and existing
1-37 pipe, rights-of-way, and any equipment, facility, or building used
1-38 or intended for use in the transportation of hazardous liquids or
1-39 carbon dioxide.
1-40 SECTION 3. Section 117.011, Natural Resources Code, is
1-41 amended to read as follows:
1-42 Sec. 117.011. Jurisdiction. The commission has jurisdiction
1-43 over all pipeline transportation of hazardous liquids or carbon
1-44 dioxide and over all hazardous liquid or carbon dioxide pipeline
1-45 facilities as provided in the Hazardous Liquid Pipeline Safety Act
1-46 of 1979 (Pub.L.No. 96-129).
1-47 SECTION 4. Subsections (a) and (b), Section 117.012, Natural
1-48 Resources Code, are amended to read as follows:
1-49 (a) The commission shall adopt rules that include safety
1-50 standards for and practices applicable to the intrastate
1-51 transportation of hazardous liquids or carbon dioxide by pipeline
1-52 and intrastate hazardous liquid or carbon dioxide pipeline
1-53 facilities.
1-54 (b) Rules that adopt safety standards do not apply to
1-55 movement of hazardous liquids or carbon dioxide through gathering
1-56 lines in rural locations or production, refining, or manufacturing
1-57 facilities or storage or in-plant piping systems associated with
1-58 any of those facilities.
1-59 SECTION 5. Subsections (a) and (c), Section 117.013, Natural
1-60 Resources Code, are amended to read as follows:
1-61 (a) Each owner or operator of a pipeline engaged in the
1-62 transportation of hazardous liquids or carbon dioxide within this
1-63 state shall maintain records, make reports, and provide any
1-64 information the commission may require under the jurisdiction
1-65 granted by the Hazardous Liquid Pipeline Safety Act of 1979
1-66 (Pub.L.No. 96-129) and this chapter.
1-67 (c) The commission may require the owners or operators of
1-68 hazardous liquid or carbon dioxide pipeline facilities to prepare
2-1 and make available for inspection by its employees or agents or
2-2 file for approval a procedural manual for each such facility in
2-3 accordance with the requirements of Title 49, Part 195.402, Code of
2-4 Federal Regulations.
2-5 SECTION 6. Subsection (a), Section 117.014, Natural
2-6 Resources Code, is amended to read as follows:
2-7 (a) The commission and its employees and designated agents
2-8 may enter property on which is located pipeline facilities or any
2-9 other property relating to the transportation of hazardous liquids
2-10 or carbon dioxide by pipeline and may inspect and examine the
2-11 records and property to the extent relevant to determine if a
2-12 person is acting in compliance with this chapter and rules adopted
2-13 by the commission under this chapter.
2-14 SECTION 7. Subsection (b), Section 117.101, Natural
2-15 Resources Code, is amended to read as follows:
2-16 (b) Except as provided by Subsection (c) of this section, a
2-17 city may not adopt or enforce an ordinance that establishes safety
2-18 standards or practices applicable to the pipeline transportation of
2-19 hazardous liquids or carbon dioxide or hazardous liquid or carbon
2-20 dioxide pipeline facilities that are subject to regulation by
2-21 federal or state law.
2-22 SECTION 8. This Act takes effect September 1, 1993.
2-23 SECTION 9. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
2-28 * * * * *
2-29 Austin,
2-30 Texas
2-31 March 8, 1993
2-32 Hon. Bob Bullock
2-33 President of the Senate
2-34 Sir:
2-35 We, your Committee on Natural Resources to which was referred S.B.
2-36 No. 468, have had the same under consideration, and I am instructed
2-37 to report it back to the Senate with the recommendation that it do
2-38 pass and be printed.
2-39 Sims,
2-40 Chairman
2-41 * * * * *
2-42 WITNESSES
2-43 FOR AGAINST ON
2-44 ___________________________________________________________________
2-45 Name: Mary L. McDaniel x
2-46 Representing: Railroad Commission of Texas
2-47 City: Austin
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