By Holzheauser                                        H.B. No. 1405
                                 A BILL TO BE ENTITLED
    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), (f) and (g) to read as
    1-7  follows:
    1-8        (d)  The commission may adopt rules that require a hazardous
    1-9  liquid pipeline facility to prepare and submit for commission
   1-10  approval a facility response plan for all or any part of a
   1-11  hazardous liquid pipeline facility located landward of the coast.
   1-12  Rules shall require the facility response plan to include plans for
   1-13  responding, to the maximum extent practicable, to a worst case
   1-14  discharge and to a substantial threat of such a discharge of
   1-15  hazardous liquids that could reasonably be expected to cause
   1-16  substantial harm to the environment by discharging into navigable
   1-17  waters.
   1-18        (e)  Rules relating to facility response plans shall be
   1-19  consistent with the provisions of Section 4202 (b)(4) of the Oil
   1-20  Pollution Act of 1990, 42 U.S.C.  Sec. 1321(j)(5).
   1-21        (f)  Rules relating to facility response plans do not apply
   1-22  to a hazardous liquid pipeline facility that is required to
   1-23  implement a discharge prevention and response plan under the Oil
    2-1  Spill Prevention and Response Act of 1991, Chapter 40, Natural
    2-2  Resources Code.
    2-3        (g)  Moneys in the oilfield cleanup fund may be used by the
    2-4  commission to administer this section.
    2-5        SECTION 3. EMERGENCY.  The importance of this legislation and
    2-6  the crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.