By: West H.B. No. 951
A BILL TO BE ENTITLED
AN ACT
relating to construction affecting pipeline easements and
rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 756, Health and Safety
Code, as added by Chapter 1082, Acts of the 78th Legislature,
Regular Session, 2003, is amended by amending Section 756.103 and
adding Sections 756.104 and 756.105 to read as follows:
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 reasonable,
necessary, and documented 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.
Sec. 756.104. CIVIL LIABILITY. A constructor who violates
this subchapter is liable to the owner or operator of a pipeline
facility for damages to the facility proximately caused by the
violation, including any liability the owner or operator of the
pipeline facility incurs as a result of the violation. This section
does not affect the right of a surface owner to recover for any
damages to the owner's property.
Sec. 756.105. INJUNCTIVE RELIEF. (a) A suit for injunctive
relief to prevent or abate the violation of this subchapter may be
brought by the county attorney for the county in which the pipeline
facility is located, by the attorney general, or by the owner or
operator of the pipeline facility.
(b) The court in which the suit is brought may grant any
prohibitory or mandatory injunction the facts warrant, including a
temporary restraining order, temporary injunction, or permanent
injunction. The court may grant the relief without requiring a bond
or other undertaking.
SECTION 2. Subchapter H, Chapter 756, Health and Safety
Code, is amended by amending Section 756.123 and adding Sections
756.124 and 756.125 to read as follows:
Sec. 756.123. 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 reasonable,
necessary, and documented 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.
Sec. 756.124. CIVIL LIABILITY. A constuctor who violates
this subchapter is liable to the owner or operator of a pipeline
facility for damages to the facility proximately caused by the
violation, including any liability the owner or operator of the
pipeline facility incurs as a result of the violation. This section
does not affect the right of a surface owner to recover for any
damages to the owner's property.
Sec. 756.125. INJUNCTIVE RELIEF. (a) A suit for injunctive
relief to prevent or abate the violation of this subchapter may be
brought by the county attorney for the county in which the pipeline
facility is located, by the attorney general, or by the owner or
operator of the pipeline facility.
(b) The court in which the suit is brought may grant any
prohibitory or mandatory injunction the facts warrant, including a
temporary restraining order, temporary injunction, or permanent
injunction. The court may grant the relief without requiring a bond
or other undertaking.
SECTION 3. Section 1 of this Act takes effect only if the
Act of the 79th Legislature, Regular Session, 2005, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law. If the Act of the 79th Legislature, Regular
Session, 2005, relating to nonsubstantive additions to and
corrections in enacted codes becomes law, Section 1 of this Act has
no effect.
SECTION 4. Section 2 of this Act takes effect only if the
Act of the 79th Legislature, Regular Session, 2005, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law. If the Act of the 79th Legislature, Regular Session,
2005, relating to nonsubstantive additions to and corrections in
enacted codes does not become law, Section 2 of this Act has no
effect.
SECTION 5. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 79th Legislature, Regular Session, 2005,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. 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, 2005.