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.