79R4654 AJA-F

By:  West                                                         H.B. No. 951



A BILL TO BE ENTITLED

AN ACT

relating to construction affecting pipeline easements and 
rights-of-way; creating penalties.
	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 adding Sections 756.104, 
756.105, and 756.106 to read as follows:
	Sec. 756.104.  CRIMINAL OFFENSE.  (a)  A constructor commits 
an offense if the constructor violates this subchapter.
	(b)  An offense under this section is a Class B misdemeanor.            
	Sec. 756.105.  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.
	Sec. 756.106.  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 adding Sections 756.124, 756.125, and 756.126 
to read as follows:
	Sec. 756.124.  CRIMINAL OFFENSE.  (a) A constructor commits 
an offense if the constructor violates this subchapter.
	(b)  An offense under this section is a Class B misdemeanor.            
	Sec. 756.125.  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.
	Sec. 756.126.  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 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.