By Tillery H.B. No. 3533
77R4934 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for the transportation of hazardous
1-3 substances by pipeline.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 4, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 98 to read as follows:
1-7 CHAPTER 98. LIABILITY FOR TRANSPORTATION OF HAZARDOUS
1-8 SUBSTANCES BY PIPELINE
1-9 Sec. 98.001. DEFINITIONS. In this chapter:
1-10 (1) "Hazardous substance" means:
1-11 (A) natural gas, as defined by Section 91.173,
1-12 Natural Resources Code;
1-13 (B) a hazardous liquid, as defined by Section
1-14 117.001, Natural Resources Code; or
1-15 (C) any other hazardous chemical, waste, or
1-16 hydrocarbon.
1-17 (2) "Transportation" includes storage incident to the
1-18 transportation.
1-19 Sec. 98.002. STRICT LIABILITY. A person who owns, operates,
1-20 or manages a pipeline that transports a hazardous substance is
1-21 strictly liable for damages for personal injury, death, or property
1-22 damage arising from the transportation of the hazardous substance
1-23 by the pipeline.
1-24 Sec. 98.003. NEGLIGENCE AS MATTER OF LAW. A person who
2-1 owns, operates, or manages a pipeline that transports a hazardous
2-2 substance is negligent as a matter of law if the person violates a
2-3 state law or rule or a federal law or regulation relating to the
2-4 transportation of the hazardous substance.
2-5 Sec. 98.004. JOINT AND SEVERAL LIABILITY. A person who
2-6 owns, operates, or manages a pipeline that transports a hazardous
2-7 substance and is found liable under this chapter or other law for
2-8 any amount of damages for personal injury, death, or property
2-9 damage arising from the transportation of the hazardous substance
2-10 by the pipeline is jointly liable with any other defendant for the
2-11 entire amount of damages for personal injury, death, or property
2-12 damage arising from the transportation of the hazardous substance
2-13 by the pipeline.
2-14 Sec. 98.005. CHAPTER 33 DOES NOT APPLY. Chapter 33 does not
2-15 apply in an action for damages for personal injury, death, or
2-16 property damage arising from the transportation of a hazardous
2-17 substance by a pipeline.
2-18 Sec. 98.006. NO LIMITATION ON EXEMPLARY DAMAGES. Section
2-19 41.008(b) does not apply in an action for damages for personal
2-20 injury, death, or property damage arising from the transportation
2-21 of a hazardous substance by a pipeline.
2-22 Sec. 98.007. INSURANCE REQUIRED. (a) A person who owns,
2-23 operates, or manages a pipeline that transports a hazardous
2-24 substance must have liability insurance coverage in effect that
2-25 covers damages for personal injury, death, or property damage
2-26 arising from the transportation of a hazardous substance by a
2-27 pipeline.
3-1 (b) The coverage must be in the amount equal to or greater
3-2 than $750 million for each single occurrence of death, personal
3-3 injury, or property damage.
3-4 SECTION 2. Section 33.002(c), Civil Practice and Remedies
3-5 Code, is amended to read as follows:
3-6 (c) This chapter does not apply to:
3-7 (1) an action to collect workers' compensation
3-8 benefits under the workers' compensation laws of this state
3-9 (Subtitle A, Title 5, Labor Code) or actions against an employer
3-10 for exemplary damages arising out of the death of an employee;
3-11 [or]
3-12 (2) a claim for exemplary damages included in an
3-13 action to which this chapter otherwise applies; or
3-14 (3) a cause of action for damages for personal injury,
3-15 death, or property damage arising from the transportation of a
3-16 hazardous substance by a pipeline as described by Chapter 98.
3-17 SECTION 3. Section 41.008, Civil Practice and Remedies Code,
3-18 is amended by adding Subsection (f) to read as follows:
3-19 (f) Subsection (b) does not apply to a cause of action for
3-20 damages for personal injury, death, or property damage arising from
3-21 the transportation of a hazardous substance by a pipeline as
3-22 described by Chapter 98.
3-23 SECTION 4. (a) This Act takes effect immediately if it
3-24 receives a vote of two-thirds of all the members elected to each
3-25 house, as provided by Section 39, Article III, Texas Constitution.
3-26 If this Act does not receive the vote necessary for immediate
3-27 effect, this Act takes effect September 1, 2001.
4-1 (b) This Act applies only to a cause of action that accrues
4-2 on or after the effective date of this Act. An action that accrued
4-3 before the effective date of this Act is governed by the law
4-4 applicable to the action immediately before the effective date of
4-5 this Act, and that law is continued in effect for that purpose.