BILL ANALYSIS
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current law states that anyone who wishes to build a structure on a pipeline right of way must notify the pipeline operator and give that operator a chance to determine if the construction will cause a safety hazard. However, at this time there is no penalty for violating the statute in the Health and Safety Code or any defined right to prevent construction that can cause a safety hazard.
Committee Substitute House Bill 951 provides that that the constructor who violates the statute is liable for any damage his actions cause and give the county attorney, the attorney general, or the pipeline operator the right to seek an injunction to prevent the construction.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1: Amends Section 756.103 and adds sections 756.104, 756.105, to Subchapter G, Health and Safety Code.
Section 756.103(2) is amended to provide that costs paid are reasonable, necessary, and documented.
Section 756.104 provided that a person who builds a structure on the pipeline right of way is liable for any damages proximately caused by a violation of this statute, including damages for any liability the pipeline operator incurs as a result of the violation.
Section 756.105 provides that the county attorney, attorney general, or the pipe line operator can file for an injunction to prevent construction in violation of the subchapter.
SECTION 2: Adds the same provisions as does Section 1 to Subchapter H of the Health and Safety Code by amending Section 756.123 and adding sections 756.124, 756.125.
EFFECTIVE DATE
SECTION 3 and 4: Provides that Section 1 does not take effect if the Act of the 79th legislature, Regular Session 2005, relating to nonsubstantive additions to and corrections in enacted codes become law.
SECTION 7: Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Committee substitute provide that costs paid are reasonable, necessary, and documented.
Committee Substitute removes the criminal offense from the original bill.