1-1 By: Alexander (Senate Sponsor - Cain) H.B. No. 3194
1-2 (In the Senate - Received from the House May 6, 1997;
1-3 May 7, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 15, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 11, Nays 0; May 15, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-8 Amend H.B. 3194, as follows:
1-9 (1) On page 1, line 39, insert "initial" between "the" and
1-10 "construction".
1-11 COMMITTEE AMENDMENT NO. 2 By: Wentworth
1-12 Amend H.B. 3194, as follows:
1-13 (1) On page 1, line 45, insert the following new subsection
1-14 (4), and renumber the subsequent subsections accordingly:
1-15 (4) "Low pressure gathering system" means a pipeline
1-16 which operates at a working pressure of less than fifty (50) pounds
1-17 per square inch.
1-18 (2) On page 2, line 2, insert the following new subsection
1-19 (2), and renumber the subsequent subsections accordingly:
1-20 (2) a new or an extension of a low pressure gathering
1-21 system.
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the construction and operation of certain sour gas
1-25 pipeline facilities.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Title 102, Revised Statutes, is amended by adding
1-28 Article 6053-4 to read as follows:
1-29 Art. 6053-4. SOUR GAS PIPELINE FACILITIES
1-30 Sec. 1. DEFINITIONS. In this article:
1-31 (1) "Affected party" means the owner or occupant of
1-32 real property located in the radius of exposure, as calculated in
1-33 accordance with a methodology approved by the commission, of the
1-34 proposed route of a sour gas pipeline facility.
1-35 (2) "Commission" means the Railroad Commission of
1-36 Texas.
1-37 (3) "Construction of a facility" means any activity
1-38 conducted during the construction of a pipeline, including the
1-39 removal of earth, vegetation, or obstructions along the proposed
1-40 pipeline right-of-way. The term does not include:
1-41 (A) surveying or acquiring the right-of-way;
1-42 or
1-43 (B) clearing the right-of-way with the consent
1-44 of the owner.
1-45 (4) "Person" means an individual, firm, partnership,
1-46 association, corporation, trust, or governmental entity.
1-47 (5) "Sour gas pipeline facility" means a pipeline
1-48 facility that contains a concentration of 100 parts per million or
1-49 more of hydrogen sulfide.
1-50 Sec. 2. APPLICABILITY. This Act does not apply to:
1-51 (1) an extension of an existing sour gas pipeline
1-52 facility that is in compliance with the commission's rules for oil,
1-53 gas, or geothermal resource operation in a hydrogen sulfide area
1-54 if:
1-55 (A) the extension is not longer than five miles;
1-56 (B) the nominal pipe size is not larger than six
1-57 inches in diameter; and
1-58 (C) the commission is given notice of the
1-59 construction of the extension not later than 24 hours before the
1-60 start of construction; or
1-61 (2) an interstate gas pipeline facility, as defined by
1-62 49 U.S.C. Section 60101, that is used for the transportation of
1-63 sour gas.
1-64 Sec. 3. PERMIT APPLICATION. A person may not begin
2-1 construction of a sour gas pipeline facility before the person
2-2 obtains from the commission a permit to construct the facility.
2-3 Sec. 4. NOTICE. An applicant for a permit to construct a
2-4 sour gas pipeline facility must:
2-5 (1) publish notice of the application in a form
2-6 determined by the commission in a newspaper of general circulation
2-7 in each county that contains part of the proposed route of the sour
2-8 gas pipeline facility; and
2-9 (2) provide a copy of the application to the county
2-10 clerk of each county that contains part of the proposed route.
2-11 Sec. 5. COMMISSION AUTHORIZATION REQUIRED. (a) The
2-12 commission by order may approve an application for a permit to
2-13 construct a sour gas pipeline facility if the commission finds that
2-14 the materials to be used in and method of construction and
2-15 operation of the facility comply with the rules and safety
2-16 standards adopted by the commission.
2-17 (b) The commission may issue an order under this section
2-18 without holding a hearing unless an affected party files a written
2-19 protest with the commission not later than the 30th day after the
2-20 date notice is published under Section 4 of this article. If an
2-21 affected party files a written protest, the commission shall:
2-22 (1) hold a hearing not later than the 60th day after
2-23 the date the protest is filed; and
2-24 (2) issue an order:
2-25 (A) approving the permit application; or
2-26 (B) denying the application and stating the
2-27 reasons for the denial.
2-28 SECTION 2. Subsection (a), Article 6053-2, Revised Statutes,
2-29 is amended to read as follows:
2-30 (a) A person who violates Article 6053-1 or 6053-4, Revised
2-31 Statutes, or safety standards or regulations relating to
2-32 transportation of gas and gas pipeline facilities adopted under
2-33 those articles [that article] may be assessed a civil penalty by
2-34 the Railroad Commission of Texas.
2-35 SECTION 3. The importance of this legislation and the
2-36 crowded condition of the calendars in both houses create an
2-37 emergency and an imperative public necessity that the
2-38 constitutional rule requiring bills to be read on three several
2-39 days in each house be suspended, and this rule is hereby suspended,
2-40 and that this Act take effect and be in force from and after its
2-41 passage, and it is so enacted.
2-42 * * * * *