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79R6232 SMH-F
By: Chisum H.B. No. 1834
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a city to take certain actions with
regard to certain pipelines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 117, Natural Resources
Code, is amended by adding Section 117.102 to read as follows:
Sec. 117.102. AUTHORITY OF CITY TO ASSESS CHARGES. (a)
Except as otherwise provided by this section or Section 182.025,
Tax Code, a city may not assess a charge for the placement,
construction, maintenance, repair, replacement, operation, use, or
removal of a hazardous liquid or carbon dioxide pipeline facility
on, along, or across a public road, highway, street, alley, stream,
canal, or other public way.
(b) A city may:
(1) assess a reasonable, one-time charge for the use
by an owner or operator of a hazardous liquid or carbon dioxide
pipeline facility of the public roads, highways, streets, alleys,
streams, canals, or other public ways located within the city and
maintained by the city if the city does not assess a charge for that
use under Section 182.025, Tax Code; and
(2) recover the reasonable cost of repairing damage to
a public road, highway, street, alley, stream, canal, or other
public way located within the city and maintained by the city that
is caused by the placement, construction, maintenance, repair,
replacement, operation, use, or removal of a hazardous liquid or
carbon dioxide pipeline facility if the owner or operator of the
facility does not repair the damage in accordance with generally
applicable paving or other applicable standards in the city.
(c) A charge authorized by Subsection (b)(1) may not exceed
the cost to the city of maintaining records of the location of the
pipeline facility.
(d) The owner or operator of a pipeline facility may appeal
the assessment of a charge under Subsection (b)(1) to the
commission. The commission shall hear the appeal de novo. Unless
the city that assessed the charge establishes that the charge is
reasonable, the commission shall declare the charge invalid or
reduce the charge to a reasonable amount. The commission has
exclusive jurisdiction to determine whether a charge under that
subsection is reasonable.
(e) A city must file suit to collect a charge authorized by
Subsection (b)(1) not later than the fourth anniversary of the date
the charge becomes due. The running of the limitations period under
this subsection is tolled on the filing of an appeal of the charge
under Subsection (d) and begins running again on the date the appeal
is determined.
SECTION 2. Section 121.202(b), Utilities Code, is amended
to read as follows:
(b) Except as provided by Subsection (a), this subchapter
does not reduce, limit, or impair[:
[(1)] a power vested by law in:
(1) [(A)] a county in relation to a county road; or
(2) [(B)] a municipality[; or
[(2) the ability of a municipality to:
[(A) adopt an ordinance that establishes
conditions for mapping, inventorying, installing, or relocating
pipelines over, under, along, or across a public street or alley or
private residential area in the boundaries of the municipality; or
[(B) establish conditions for mapping or taking
an inventory in an area in a municipality's extraterritorial
jurisdiction].
SECTION 3. Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.2025 to read as follows:
Sec. 121.2025. AUTHORITY OF MUNICIPALITY TO ASSESS CHARGES.
(a) Except as otherwise provided by this section or Section
182.025, Tax Code, a municipality may not assess a charge for the
placement, construction, maintenance, repair, replacement,
operation, use, or removal of a gas pipeline facility on, along, or
across a public road, highway, street, alley, stream, canal, or
other public way.
(b) A municipality may:
(1) assess a reasonable, one-time charge for the use
by an owner or operator of a gas pipeline facility of the public
roads, highways, streets, alleys, streams, canals, or other public
ways located within the municipality and maintained by the
municipality if the municipality does not assess a charge for that
use under Section 182.025, Tax Code; and
(2) recover the reasonable cost of repairing damage to
a public road, highway, street, alley, stream, canal, or other
public way located within the municipality and maintained by the
municipality that is caused by the placement, construction,
maintenance, repair, replacement, operation, use, or removal of a
gas pipeline facility if the owner or operator of the facility does
not repair the damage in accordance with generally applicable
paving or other applicable standards in the municipality.
(c) A charge authorized by Subsection (b)(1) may not exceed
the cost to the municipality of maintaining records of the location
of the pipeline facility.
(d) The owner or operator of a pipeline facility may appeal
the assessment of a charge under Subsection (b)(1) to the railroad
commission. The railroad commission shall hear the appeal de novo.
Unless the municipality that assessed the charge establishes that
the charge is reasonable, the railroad commission shall declare the
charge invalid or reduce the charge to a reasonable amount. The
railroad commission has exclusive jurisdiction to determine
whether a charge under that subsection is reasonable.
(e) A municipality must file suit to collect a charge
authorized by Subsection (b)(1) not later than the fourth
anniversary of the date the charge becomes due. The running of the
limitations period under this subsection is tolled on the filing of
an appeal of the charge under Subsection (d) and begins running
again on the date the appeal is determined.
SECTION 4. This Act takes effect September 1, 2005.