S.B. No. 966
AN ACT
1-1 relating to notice given to residents or landowners by a common
1-2 carrier.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 111.019, Natural Resources Code, is
1-5 amended to read as follows:
1-6 Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Common carriers
1-7 have the right and power of eminent domain.
1-8 (b) In the exercise of the power of eminent domain granted
1-9 under the provisions of Subsection (a) of this section, a common
1-10 carrier may enter on and condemn the land, rights-of-way,
1-11 easements, and property of any person or corporation necessary for
1-12 the construction, maintenance, or operation of the common carrier
1-13 pipeline.
1-14 (c) Upon written request by a resident or owner of land
1-15 crossed by a common carrier pipeline, the common carrier must
1-16 disclose material data safety sheets concerning the commodities
1-17 transported by the common carrier required by the commission and
1-18 the Emergency Planning and Community Right-to-Know Act of 1986 (42
1-19 U.S.C. Section 11001 et seq.). Such disclosure must be in writing
1-20 and must be mailed or delivered to the resident or landowner within
1-21 30 days of receipt of the request.
1-22 SECTION 2. Section 111.139, Natural Resources Code, is
1-23 amended to read as follows:
2-1 Sec. 111.139. REPORTS. (a) The commission shall require
2-2 each common carrier to make reports including duly verified monthly
2-3 reports of:
2-4 (1) the total quantities of crude petroleum owned by
2-5 the common carrier in the state;
2-6 (2) the total quantities of crude petroleum held by
2-7 the common carrier in storage for others in the state; and
2-8 (3) the common carrier's unfilled storage capacity.
2-9 (b) The commission shall give no publicity to the stock of
2-10 crude petroleum on hand of any particular common carrier, but the
2-11 commission may, in its discretion, make public the aggregate
2-12 amounts held by all common carriers making reports and their
2-13 aggregate storage capacity.
2-14 (c) The commission shall require each common carrier to
2-15 mail, return receipt requested, a copy of all spill or leak reports
2-16 required by the commission to residents or owners of land upon
2-17 which a spill or leak has occurred within 30 days of filing the
2-18 report with the commission. If a resident or owner of land has not
2-19 registered with the commission, the common carrier is relieved of
2-20 the requirement to mail copies of spill or leak reports to the
2-21 resident or landowner. The commission shall provide a procedure
2-22 for residents and owners of land crossed by a common carrier
2-23 pipeline to voluntarily register their names and mailing addresses
2-24 with the commission.
2-25 SECTION 3. This Act takes effect September 1, 1993.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.