78R8245 T

By:  West                                                         H.B. No. 1843



A BILL TO BE ENTITLED

AN ACT

for the purpose of creating notice provisions prior to construction 
on, over, across or under a pipeline facility and for the 
determination of whether such construction will increase a risk to 
the public or a risk of damage to the facility and providing for the 
construction of such barriers to prevent that risk.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 756, Health and Safety Code is amended by 
adding Subchapter E:

SUBCHAPTER E.  CONSTRUCTION AFFECTING PIPELINE EASEMENTS AND 
RIGHTS-OF-WAY.
	Sec. 756.051.  APPLICABILITY.  (a)  This Section applies to 
any construction, repair, replacement or maintenance of any 
building, structure, driveway, roadway or other construction on, 
across, over or under the easement or right of way for a natural gas 
transmission or distribution pipeline or a pipeline for the 
gathering or transportation of oil, gas or the products thereof.
	(b)  This Section does not apply if there is a written 
agreement to the contrary between the owner or operator of the 
affected pipeline facility; and the person or entity which places 
or causes a construction as defined herein to be placed on the 
easement or right of way of a pipeline facility as defined herein.
	Sec. 756.052.  DEFINITIONS.                                             
		(1)  Construction means any building, structure, 
driveway, roadway or other construction which, in whole or in part, 
is physically located on, across, over or under the easement or 
right of way of any pipeline facility as defined herein or 
physically impacts or creates a risk to such pipeline facility.
		(2)  Constructor means any person or entity which 
builds, operates, repairs, replaces or maintains a construction as 
defined herein or causes such construction to be built, operated, 
repaired, maintained or replaced.
		(3)  Pipeline facility means any pipeline used for the 
transmission or distribution of natural gas or for the gathering or 
transmission of oil, gas or the products thereof.
	Sec. 756.053.  PROHIBITION OF CONSTRUCTION WITHOUT NOTICE.  
No person or entity may build, repair, replace or maintain any 
construction on, across, over or under the easement or right of way 
for any pipeline facility unless:
		(1)  Notice of such construction is given the operator 
of the pipeline facility or facilities, and
		(2)  The facility operator determines that such 
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, or
		[(1)] (3)  If the facility operator determines that the 
construction will increase such risk, then the constructor may 
proceed with the construction only after the constructor has paid 
the cost of the additional fortifications, barriers, conduits or 
other changes or improvements necessary to protect the public or 
pipeline facility from that risk.
	SECTION 2.  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.