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.