BILL ANALYSIS
S.B. 480
By: Armbrister
Natural Resources
02-22-95
Committee Report (Amended)
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, V.T.C.S., as follows:
Article 6053-1. TRANSPORTATION OF GAS AND GAS PIPELINE
FACILITIES; SAFETY STANDARDS. (A) Makes nonsubstantive
changes.
(B) and (C) Make no changes.
(D) Prohibits a municipality or county from adopting or
enforcing an ordinance that establishes safety standards or
practices applicable to facilities that are regulated under
this article or another state or federal law. Prohibits
anything in this article, except as provided herein, from
being construed to reduce, limit, or impair 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.