BILL ANALYSIS


                                                        H.B. 1405
                                     By: Holzheauzer (Armbrister)
                                                Natural Resources
                                                         05-03-95
                                Senate Committee Report (Amended)
BACKGROUND

The Federal Oil Pollution Act of 1990 authorizes the Texas
Department of Transportation to implement facility response plans
for pipeline facilities located landward of the coast.  Under
current state law, no state agency has the authority to require
such plans of onshore hazardous liquids pipeline facilities in
Texas.

PURPOSE

As proposed, H.B. 1405 authorizes the Railroad Commission of Texas
to adopt rules requiring a hazardous liquid pipeline facility
located landward of the coast to prepare a facility response plan
which includes plans for responding to a worst case discharge.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Railroad Commission of Texas under SECTION 1 (Section
117.012(d), Natural Resources Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 117.012, Natural Resources Code, by
adding Subsections (d)-(f), as follows:

     (d) Authorizes the Railroad Commission of Texas (commission)
     to adopt rules that require a hazardous liquid pipeline
     facility (facility) to prepare and submit for commission
     approval a facility response plan for all or any part of a
     facility located landward of the coast.  Requires the rules to
     require the facility response plan to include plans for
     responding to a worst case discharge and to a substantial
     threat of such a discharge that could be expected to
     substantially harm the environment by discharging into
     navigable waters.
     
     (e) Requires rules related to facility response plans to be
     consistent with the provisions of the federal Water Pollution
     Prevention and Control Act, 33 U.S.C. Sec. 1321(j)(5). 
     Requires rules to provide that, in lieu of submitting a plan
     for approval under Subsection (a), a facility may submit a
     facility response plan prepared in compliance with the Water
     Pollution Prevention and Control Act, 33 U.S.C. Sec.
     1321(j)(5).  Requires a plan approved or pending approval by
     the U.S. Department of Transportation Office of Pipeline
     Safety to be deemed approved by the commission for purposes of
     this section.
     
     (f) Provides that such rules do not apply to a facility
     required to implement a discharge prevention and response plan
     under the Oil Spill Prevention and Response Act of 1991,
     Chapter 40, Natural Resources Code.
     
     SECTION 2.     Emergency clause.
           Effective date: 90 days after adjournment.