1-1  By:  Armbrister                                        S.B. No. 480
    1-2        (In the Senate - Filed February 6, 1995; February 8, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  February 21, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 10, Nays 0; February 21, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
    1-7  Amend Senate Bill 480, Page 2, Line 17, Section 1, by replacing (D)
    1-8  with the following:
    1-9        (D)  A municipality or county may not adopt or enforce an
   1-10  ordinance that establishes safety standards or practices applicable
   1-11  to facilities that are regulated under this Article or another
   1-12  state or federal law.  Except as provided herein, nothing <Nothing>
   1-13  in this Article shall be construed to reduce, limit, or impair any
   1-14  power heretofore vested by law in any incorporated city, town, or
   1-15  village or the ability to adopt ordinances that establish
   1-16  conditions for mapping, inventorying, installing, or relocating
   1-17  pipelines over, under, along, or across public streets and alleys
   1-18  or private residential areas within the boundaries of the city or
   1-19  the ability to establish conditions for mapping or inventorying in
   1-20  other areas within a city's extraterritorial jurisdiction.
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the jurisdiction of the Railroad Commission of Texas
   1-24  over pipeline safety.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Article 6053-1, Revised Statutes, is amended to
   1-27  read as follows:
   1-28        Art. 6053-1.  Transportation of gas and gas pipeline
   1-29  facilities; safety standards.  (A)  For the purpose of providing
   1-30  exclusive state control over safety standards and practices
   1-31  applicable to the transportation of gas and all gas pipeline
   1-32  facilities within the borders of this state to the maximum degree
   1-33  permissible under the federal Natural Gas Pipeline Safety Act of
   1-34  1968 (49 U.S.C. Section 60101 et seq.) or any successor
   1-35  legislation, the Railroad Commission of Texas is hereby expressly
   1-36  granted the power to describe or adopt by regulation safety
   1-37  standards for all such transportation of gas and gas pipeline
   1-38  facilities which are not subject to exclusive federal control, to
   1-39  require record maintenance and reports and to inspect records and
   1-40  facilities to determine compliance with such safety standards, and,
   1-41  from time to time, to make certifications and reports and to take
   1-42  any other requisite action in accordance with <Section 5(a) of> the
   1-43  Natural Gas Pipeline Safety Act of 1968 or any successor
   1-44  legislation.
   1-45        (B)  All terms employed in this Article which are defined in
   1-46  the Natural Gas Pipeline Safety Act of 1968 shall have the
   1-47  definition prescribed therein.
   1-48        (C)  The Attorney General is authorized, on behalf of the
   1-49  Railroad Commission, to enforce said safety standards by injunction
   1-50  restraining violations thereof (including the restraint of
   1-51  transportation of gas or the operation of a pipeline facility).
   1-52  Any violation of such safety standards shall further be subject to
   1-53  a civil penalty, payable to the State of Texas, in an amount not to
   1-54  exceed $25,000 for each such violation for each day that such
   1-55  violation persists, except that the maximum civil penalty shall not
   1-56  exceed $500,000 for any related series of violations.  Any such
   1-57  civil penalty may be compromised by the Attorney General in
   1-58  consideration of the appropriateness of the penalty to the size of
   1-59  the business of the person charged, the gravity of the violation,
   1-60  and the good faith of the person charged in attempting to achieve
   1-61  compliance after notification of violation.
   1-62        (D)  A municipality or county may not adopt or enforce an
   1-63  ordinance, resolution, or other requirement that establishes safety
   1-64  standards or practices applicable to facilities that are subject to
   1-65  regulation under this Article or another state or federal law
   1-66  <Nothing in this Article shall be construed to reduce, limit or
   1-67  impair any power heretofore vested by law in any incorporated city,
   1-68  town or village>.
    2-1        SECTION 2.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended,
    2-6  and that this Act take effect and be in force from and after its
    2-7  passage, and it is so enacted.
    2-8                               * * * * *