By:  Armbrister                                        S.B. No. 480
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the jurisdiction of the Railroad Commission of Texas
    1-2  over pipeline safety.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 6053-1, Revised Statutes, is amended to
    1-5  read as follows:
    1-6        Art. 6053-1.  Transportation of gas and gas pipeline
    1-7  facilities; safety standards.  (A)  For the purpose of providing
    1-8  exclusive state control over safety standards and practices
    1-9  applicable to the transportation of gas and all gas pipeline
   1-10  facilities within the borders of this state to the maximum degree
   1-11  permissible under the federal Natural Gas Pipeline Safety Act of
   1-12  1968 (49 U.S.C. Section 60101 et seq.) or any successor
   1-13  legislation, the Railroad Commission of Texas is hereby expressly
   1-14  granted the power to describe or adopt by regulation safety
   1-15  standards for all such transportation of gas and gas pipeline
   1-16  facilities which are not subject to exclusive federal control, to
   1-17  require record maintenance and reports and to inspect records and
   1-18  facilities to determine compliance with such safety standards, and,
   1-19  from time to time, to make certifications and reports and to take
   1-20  any other requisite action in accordance with <Section 5(a) of> the
   1-21  Natural Gas Pipeline Safety Act of 1968 or any successor
   1-22  legislation.
   1-23        (B)  All terms employed in this Article which are defined in
   1-24  the Natural Gas Pipeline Safety Act of 1968 shall have the
    2-1  definition prescribed therein.
    2-2        (C)  The Attorney General is authorized, on behalf of the
    2-3  Railroad Commission, to enforce said safety standards by injunction
    2-4  restraining violations thereof (including the restraint of
    2-5  transportation of gas or the operation of a pipeline facility).
    2-6  Any violation of such safety standards shall further be subject to
    2-7  a civil penalty, payable to the State of Texas, in an amount not to
    2-8  exceed $25,000 for each such violation for each day that such
    2-9  violation persists, except that the maximum civil penalty shall not
   2-10  exceed $500,000 for any related series of violations.  Any such
   2-11  civil penalty may be compromised by the Attorney General in
   2-12  consideration of the appropriateness of the penalty to the size of
   2-13  the business of the person charged, the gravity of the violation,
   2-14  and the good faith of the person charged in attempting to achieve
   2-15  compliance after notification of violation.
   2-16        (D)  A municipality or county may not adopt or enforce an
   2-17  ordinance that establishes safety standards or practices applicable
   2-18  to facilities that are regulated under this Article or another
   2-19  state or federal law.  Except as provided herein, nothing <Nothing>
   2-20  in this Article shall be construed to reduce, limit, or impair any
   2-21  power heretofore vested by law in any incorporated city, town, or
   2-22  village or the ability to adopt ordinances that establish
   2-23  conditions for mapping, inventorying, installing, or relocating
   2-24  pipelines over, under, along, or across public streets and alleys
   2-25  or private residential areas within the boundaries of the city or
   2-26  the ability to establish conditions for mapping or inventorying in
   2-27  other areas within a city's extraterritorial jurisdiction.
    3-1        SECTION 2.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended,
    3-6  and that this Act take effect and be in force from and after its
    3-7  passage, and it is so enacted.