1-1  By:  Holzheauser (Senate Sponsor - Armbrister)        H.B. No. 1405
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on
    1-4  Natural Resources; May 3, 1995, reported favorably, as amended, by
    1-5  the following vote:  Yeas 7, Nays 0; May 3, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
    1-7  Amend HB 1405 by striking subsection (e) of Section 117.012 in
    1-8  SECTION 1 of the bill and substitute the following:
    1-9        "(e)  Rules relating to facility response plans shall be
   1-10  consistent with the provisions of the federal Water Pollution
   1-11  Prevention and Control Act, 33 U.S.C. Sec. 1321(j)(5).  Rules shall
   1-12  provide that, in lieu of submitting a plan for approval under
   1-13  Subsection (a), a facility may submit a facility response plan
   1-14  prepared in compliance with the Water Pollution Prevention and
   1-15  Control Act, 33 U.S.C. Sec. 1321(j)(5).  A plan approved or pending
   1-16  approval by the United States Department of Transportation Office
   1-17  of Pipeline Safety shall be deemed approved by the commission for
   1-18  the purposes of this section."
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to facility response plans for hazardous liquids
   1-22  pipelines.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 117.012, Natural Resources Code, is
   1-25  amended by adding Subsections (d), (e), and (f) to read as follows:
   1-26        (d)  The commission may adopt rules that require a hazardous
   1-27  liquid pipeline facility to prepare and submit for commission
   1-28  approval a facility response plan for all or any part of a
   1-29  hazardous liquid pipeline facility located landward of the coast.
   1-30  Rules shall require the facility response plan to include plans for
   1-31  responding, to the maximum extent practicable, to a worst case
   1-32  discharge and to a substantial threat of such a discharge of
   1-33  hazardous liquids that could reasonably be expected to cause
   1-34  substantial harm to the environment by discharging into navigable
   1-35  waters.
   1-36        (e)  Rules relating to facility response plans shall be
   1-37  consistent with the provisions of Section 4202(a)(6) of the Oil
   1-38  Pollution Act of 1990, 33 U.S.C.  Sec. 1321(j)(5).
   1-39        (f)  Rules relating to facility response plans do not apply
   1-40  to a hazardous liquid pipeline facility that is required to
   1-41  implement a discharge prevention and response plan under the Oil
   1-42  Spill Prevention and Response Act of 1991, Chapter 40, Natural
   1-43  Resources Code.
   1-44        SECTION 2.  The importance of this legislation and the
   1-45  crowded condition of the calendars in both houses create an
   1-46  emergency and an imperative public necessity that the
   1-47  constitutional rule requiring bills to be read on three several
   1-48  days in each house be suspended, and this rule is hereby suspended.
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