By Sims                                                S.B. No. 966
          Substitute the following for S.B. No. 966:
          By Kuempel                                         C.S.S.B. No. 966
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to notice given to landowners by a common 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 an condemn the land, rights-of-way, easements,
   1-11  and property of any person or corporation necessary for the
   1-12  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:
   1-24        Sec. 111.139.  REPORTS.  (a)  The commission shall require
    2-1  each common carrier to make reports including duly verified monthly
    2-2  reports of:
    2-3              (1)  the total quantities of crude petroleum owned by
    2-4  the common carrier in the state;
    2-5              (2)  the total quantities of crude petroleum held by
    2-6  the common carrier in storage for others in the state; and
    2-7              (3)  the common carrier's unfilled storage capacity.
    2-8        (b)  The commission shall give no publicity to the stock of
    2-9  crude petroleum on hand of any particular common carrier, but the
   2-10  commission may, in its discretion, make public the aggregate
   2-11  amounts held by all common carriers making reports and their
   2-12  aggregate storage capacity.
   2-13        (c)  The commission shall require each common carrier to
   2-14  mail, return receipt requested, a copy of all spill or leak reports
   2-15  required by the commission to residents or owners of land upon
   2-16  which a spill or leak has occurred within 30 days of filing the
   2-17  report with the commission.  If a resident or owner of land has not
   2-18  registered with the commission, the common carrier is relieved of
   2-19  the requirement to mail copies of spill or leak reports to the
   2-20  resident or landowner.  The commission shall provide a procedure
   2-21  for residents and owners of land crossed by a common carrier
   2-22  pipeline to voluntarily register their names and mailing addresses
   2-23  with the commission.
   2-24        SECTION 3.  This Act takes effect September 1, 1993.
   2-25        SECTION 4.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring rules to be read on three several in
    3-2  each house be suspended, and this rule is hereby suspended.