H.B. No. 1405
    1-1                                AN ACT
    1-2  relating to facility response plans for hazardous liquids
    1-3  pipelines.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 117.012, Natural Resources Code, is
    1-6  amended by adding Subsections (d), (e), and (f) to read as follows:
    1-7        (d)  The commission may adopt rules that require a hazardous
    1-8  liquid pipeline facility to prepare and submit for commission
    1-9  approval a facility response plan for all or any part of a
   1-10  hazardous liquid pipeline facility located landward of the coast.
   1-11  Rules shall require the facility response plan to include plans for
   1-12  responding, to the maximum extent practicable, to a worst case
   1-13  discharge and to a substantial threat of such a discharge of
   1-14  hazardous liquids that could reasonably be expected to cause
   1-15  substantial harm to the environment by discharging into navigable
   1-16  waters.
   1-17        (e)  Rules relating to facility response plans shall be
   1-18  consistent with the provisions of the federal Water Pollution
   1-19  Prevention and Control Act, 33 U.S.C. Section 1321(j)(5).  Rules
   1-20  shall provide that, in lieu of submitting a plan for approval under
   1-21  Subsection (a), a facility may submit a facility response plan
   1-22  prepared in compliance with the Water Pollution Prevention and
   1-23  Control Act, 33 U.S.C. Section 1321(j)(5).  A plan approved or
    2-1  pending approval by the United States Department of Transportation
    2-2  Office of Pipeline Safety shall be deemed approved by the
    2-3  commission for the purposes of this section.
    2-4        (f)  Rules relating to facility response plans do not apply
    2-5  to a hazardous liquid pipeline facility that is required to
    2-6  implement a discharge prevention and response plan under the Oil
    2-7  Spill Prevention and Response Act of 1991, Chapter 40, Natural
    2-8  Resources Code.
    2-9        SECTION 2.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.