SRC-JEC, JLB C.S.H.B. 1931 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1931
By: Capelo (Williams)
Natural Resources
5/21/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Texas Natural Resources Code requires at least 30 days notice and an
opportunity for public comment before a pipeline project can be built, if
that pipeline crosses more than three counties, and prohibits the Texas
Railroad Commission from issuing the permit until said comments have been
considered.  C.S.H.B. 1931 repeals the existing provisions requiring at
least 30 days notice and an opportunity for public comment before a
pipeline project can be built and amends certain subsections in the Texas
Natural Resources Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 117.012, Natural Resources Code, by amending
Subsections (h), (i), and (k) and adding Subsections (l) and (m), as
follows: 
 
(h)  Authorizes an operator or the operator's representative to conduct
required community liaison activities as provided by Subsection (i) only
if the operator or the operator's representative has made an effort, by
one of three certain methods, to conduct a community liaison meeting in
person with the officials. 

(i)  Makes conforming changes.

(k)  Requires the Texas Railroad Commission (TRC) by rule to require the
owner or operator of each intrastate hazardous liquid or carbon dioxide
pipeline facility any part of which is located within 1,000 feet of a
public school building containing classrooms, or within 1,000 feet of
another public school facility where students congregate, to perform
certain acts. 

(l)  Requires a pipeline operator or the operator's representative to
appear at a regularly scheduled meeting of the school board to explain the
items listed in Subsection (k) if requested by the school board or school
district. 
 
(m)  Prohibits TRC from requiring the release of parts of an emergency
response plan that include security sensitive information including maps
or data.  Requires security sensitive information to be made available for
review by but not provided to the school board. 

SECTION 2.  (a)  Amends Chapter 756, Health and Safety Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  CONSTRUCTION AFFECTING PIPELINE EASEMENTS AND 
RIGHTS-OF-WAY

 Sec. 756.101.  DEFINITIONS.  Defines "construction," "constructor," and
"pipeline facility." 

Sec. 756.102.  APPLICABILITY.  Provides that 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. Prohibits a
person from building, repairing, replacing, or maintaining 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 other circumstances apply. 

(b)  Makes application of Subchapter G, Chapter 756, Health and Safety
Code, as added by this SECTION, prospective. 

SECTION 3.  Repealer:  Section 81.056 (Pipeline Construction and Operation
Public Notification), Natural Resources Code. 
 
SECTION 4.  Provides that this Act applies to a permit application that is
pending with TRC on the effective date of this Act or filed with TRC after
that date. 

SECTION 5.  Effective date:  upon passage or September 1, 2003.