By Alexander                                    H.B. No. 3194

      75R8622 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the construction and operation of certain sour gas

 1-3     pipeline facilities.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Title 102, Revised Statutes, is amended by adding

 1-6     Article 6053-4 to read as follows:

 1-7           Art. 6053-4. SOUR GAS PIPELINE FACILITIES

 1-8           Sec. 1.  DEFINITIONS.  In this article:

 1-9                 (1)  "Commission" means the Railroad Commission of

1-10     Texas.

1-11                 (2)  "Person" means an individual, firm, partnership,

1-12     association, corporation, trust, or governmental entity.

1-13                 (3)  "Sour gas" means gas with a concentration of

1-14     hydrogen sulfide that, as determined by the commission, may pose a

1-15     danger to public health or safety.

1-16                 (4)  "Sour gas pipeline facility" means a pipeline

1-17     facility that is not part of an interstate gas pipeline facility,

1-18     as defined by 49 U.S.C. Section 60101, and is used for the

1-19     transportation of sour gas.

1-20           Sec. 2.  COMMISSION AUTHORIZATION REQUIRED.  The commission

1-21     by order must find that the materials to be used in and method of

1-22     construction and operation of a proposed sour gas pipeline facility

1-23     will not pose an unreasonable danger to public health or safety

1-24     before a person may:

 2-1                 (1)  file a petition to exercise the right of eminent

 2-2     domain to acquire property necessary for the construction or

 2-3     operation of the facility; or

 2-4                 (2)  begin construction of the facility.

 2-5           SECTION 2.  Subsection (a), Article 6053-2, Revised Statutes,

 2-6     is amended to read as follows:

 2-7           (a)  A person who violates Article 6053-1 or 6053-4, Revised

 2-8     Statutes, or safety standards or regulations relating to

 2-9     transportation of gas and gas pipeline facilities adopted under

2-10     those articles [that article] may be assessed a civil penalty by

2-11     the Railroad Commission of Texas.

2-12           SECTION 3.  Article 1436, Revised Statutes, is amended to

2-13     read as follows:

2-14           Art. 1436.  RIGHT-OF-WAY.  Such corporation shall have the

2-15     right and power to enter upon, condemn and appropriate the lands,

2-16     right-of-way, easements and property of any person or corporation,

2-17     except as provided by Article 6053-4, Revised Statutes, and shall

2-18     have the right to  erect its lines over and across any public road,

2-19     railroad, railroad right-of-way, interurban railroad, street

2-20     railroad, canal or stream in this State, any street or alley of any

2-21     incorporated city or town in this State with the consent and under

2-22     the direction of the governing body of such city or town.  Such

2-23     lines shall be constructed upon suitable poles in the most approved

2-24     manner, or pipes may be placed under the ground, as the exigencies

2-25     of the case may require.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.