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  -------------------------------------------------------------------