Amend CSSB 1952 (House committee printing) by adding the 
following appropriately numbered ARTICLE to PART 8 of the bill and 
renumbering subsequent ARTICLES in PART 8 accordingly:

ARTICLE __.  CONSTRUCTION NEAR PIPELINE
	SECTION __.  Chapter 756, Health and Safety Code, is amended 
by adding Subchapter G to read as follows:

SUBCHAPTER G.  CONSTRUCTION AFFECTING PIPELINE EASEMENTS AND 
RIGHTS-OF-WAY
	Sec. 756.101.  DEFINITIONS.  In this subchapter:                        
		(1)  "Construction" means a building, structure, 
driveway, roadway, or other construction any part of which is 
physically located on, across, over, or under the easement or 
right-of-way of a pipeline facility or that physically impacts or 
creates a risk to a pipeline facility.
		(2)  "Constructor" means a person that builds, 
operates, repairs, replaces, or maintains a construction or causes 
a construction to be built, operated, repaired, maintained, or 
replaced.
		(3)  "Pipeline facility" means a pipeline used to 
transmit or distribute natural gas or to gather or transmit oil, 
gas, or the products of oil or gas.
	Sec. 756.102.  APPLICABILITY.  This subchapter applies to a 
construction or the repair, replacement, or maintenance of a 
construction unless there is a written agreement, including a Texas 
Department of Transportation right-of-way agreement, to the 
contrary between the owner or operator of the affected pipeline 
facility and the person that places or causes a construction to be 
placed on the easement or right-of-way of a pipeline facility.
	Sec. 756.103.  PROHIBITION OF CONSTRUCTION WITHOUT NOTICE.  
A person may not build, repair, replace, or maintain a construction 
on, across, over, or under the easement or right-of-way for a 
pipeline facility unless notice of the construction is given the 
operator of the pipeline facility and:
		(1)  the operator of the pipeline facility determines 
that the construction will not increase a risk to the public or 
increase a risk of a break, leak, rupture, or other damage to the 
pipeline facility;
		(2)  if the operator of the pipeline facility 
determines that the construction will increase risk to the public 
or the pipeline facility, the constructor pays the cost of the 
additional fortifications, barriers, conduits, or other changes or 
improvements necessary to protect the public or pipeline facility 
from that risk before proceeding with the construction; or
		(3)  the building, repair, replacement, or maintenance 
is conducted under an existing written agreement.
	Sec. 756.104.  NO NOTICE REQUIRED IN EVENT OF NATURAL 
DISASTER.  A person may build, repair, replace, or maintain a 
construction on, across, over, or under the easement or 
right-of-way for a pipeline facility without notice if the 
building, repair, replacement, or maintenance is required to be 
done promptly by a regulated utility company because of the effects 
of a natural disaster.
	SECTION __.  The change in law made by Subchapter G, Chapter 
756, Health and Safety Code, as added by this article, applies only 
to an activity described by Section 756.103, Health and Safety 
Code, as added by this article, that is initiated on or after the 
effective date of this Act.