Amend HB 2161 (committee printing) as follows:                               

(1)  On page 1, strike lines 7 and 8 and substitute the 	following:           
	SECTION 1.  Section 121.201, Utilities Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (d) to read 
as follows:
	(2)  On page 1, line 12, between "including" and "safety", 
insert "reasonable".
	(3)  On page 1, line 14, between "facility" and the 
semicolon, insert ", other than movement by tillage that does not 
exceed a depth of 16 inches".
	(4)  On page 2, between lines 14 and 15, insert the 
following:               
	(d)  In this subsection, "telecommunications service" and 
"information service" have the meanings assigned by 47 U.S.C. 
Section 153.  Notwithstanding Subsection (a), this title does not 
grant the railroad commission jurisdiction or right-of-way 
management authority over a provider of telecommunications service 
or information service.  A provider of telecommunications service 
or information service shall comply with all applicable safety 
standards, including those provided by Subchapter G, Chapter 756, 
Health and Safety Code.
	(5)  On page 3, strike lines 16 and 17 and substitute the 
following:         
	SECTION 3.  Section 117.012, Natural Resources Code, is 
amended by amending Subsection (a) and adding Subsection (n) to 
read as follows:
	(6)  On page 3, line 22, between "including" and "safety", 
insert "reasonable".
	(7)  On page 3, line 24, between "facility" and the period, 
insert ", other than movement by tillage that does not exceed a 
depth of 16 inches".
	(8)  On page 3, between lines 24 and 25, insert the 
following:               
	(n)  In this subsection, "telecommunications service" and 
"information service" have the meanings assigned by 47 U.S.C. 
Section 153.  Notwithstanding Subsection (a), this title does not 
grant the commission jurisdiction or right-of-way management 
authority over a provider of telecommunications service or 
information service.  A provider of telecommunications service or 
information service shall comply with all applicable safety 
standards, including those provided by Subchapter G, Chapter 756, 
Health and Safety Code.
	(9)  On page 3, between lines 24 and 25, insert the following 
appropriately numbered section and renumber the subsequent 
sections of the bill accordingly:
	SECTION __.  The Railroad Commission of Texas may not adopt 
safety standards under Section 121.201(a), Utilities Code, or 
Section 117.012(a), Natural Resources Code, as amended by this Act, 
until the Pipeline and Hazardous Materials Safety Administration of 
the United States Department of Transportation adopts the rules 
published at 69 Fed. Reg. 35279 (2004) (to be codified at 49 C.F.R. 
Parts 192 and 195) (proposed June 3, 2004) or other rules pertaining 
to public education programs for hazardous liquid and gas pipeline 
operators.