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 2-48 -------------------------------------------------------------------