BILL ANALYSIS S.B. 480 By: Armbrister (Saunders) March 8, 1995 Committee Report (Unamended) BACKGROUND The federal government preempted all state and local natural gas pipeline safety regulation when it enacted the Natural Gas Pipeline Safety Act of 1968. Since that time, the federal government has authorized the Railroad Commission of Texas to have sole regulation of natural gas pipeline safety regulation in this state. Any attempt by a county or municipality to set safety guidelines for natural gas pipelines is an attempt to supersede the state's regulatory power. PURPOSE As proposed, S.B. 480 prohibits a municipality or county from adopting or enforcing an ordinance, resolution, or other requirement that establishes safety standards or practices applicable to transportation of gas and gas pipeline facilities. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 6053-1 (Vernon's Texas Civil Statutes), Revised Statutes, as follows: Article 6053-1. TRANSPORTATION OF GAS AND GAS PIPELINE FACILITIES; SAFETY STANDARDS. (A) is amended to add the citation of U.S. Code for the Gas Pipeline Safety Act of 1968. (B) and (C) are not changed. (D) is amended to prohibit a municipality or county from adopting or enforcing an ordinance that establishes safety standards or practices for facilities that are regulated under this article or another state or federal law. Also prohibit this article, except as provided, from reducing, limiting, or impairing any power vested by law in any incorporated city, town, or village, or its ability to adopt ordinances that establish conditions for mapping, inventory, installing, or relocating pipelines over, under, along or across public streets and alleys or private residential areas within boundaries of the city, or its ability to establish conditions for these same activities in areas within the city's extraterritorial jurisdiction. SECTION 2. Emergency clause. Effective date: upon passage. SUMMARY OF COMMITTEE ACTION SB 480 was considered by the Energy Resources Committee in a public hearing on March 20, 1995. The following witnesses testified in favor of the bill: James Mann, representing the Association of Texas Intrastate Natural Gas Pipelines; and, George Strong, representing ENRON Corporation. No one testified against the bill. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 PNV, and 1 absent.