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78R12489 E


By:  West                                                         H.B. No. 1843

Substitute the following for H.B. No. 1843:                                   

By:  Keffer of Dallas                                         C.S.H.B. No. 1843



A BILL TO BE ENTITLED

AN ACT

relating to notice requirements for and risk assessment and 
prevention in relation to construction around a pipeline facility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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;
		(3)  the building, repair, replacement, or maintenance 
is conducted under an existing written agreement; or
		(4)  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 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by Subchapter G, Chapter 756, 
Health and Safety Code, as added by this Act, applies only to an 
activity described by Section 756.103, Health and Safety Code, as 
added by this Act, that is initiated on or after the effective date 
of this Act.