| TO: | Honorable George "Buddy" West, Chair, House Committee on Energy Resources |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB951 by West, George "Buddy" (Relating to construction affecting pipeline easements and rights-of-way; creating penalties.), As Introduced |
The bill would create as a Class B misdemeanor a violation of Subchapter G or H, Chapter 756, Health and Safety Code. Provisions of the bill would also establish that a constructor who violates the subchapters would be liable to the owner or operator of a pipeline facility for damages proximately caused by the violation, including any liability that the owner or operator would incur as a result of the damage. A suit for injunctive relief to prevent or abate the violation may be brought by the applicable county attorney, the attorney general, or by the owner or operator of the pipeline facility.
Under current statute, there are two Subchapter Gs in Chapter 756, Health and Safety Code. The proposed amendments to Subchapter G and Subchapter H are identical. If other acts of the Seventy-ninth Legislature, 2005, relating to nonsubstantive additions to and corrections in enacted codes do not become law (leaving two Subchapter Gs), then the proposed amendments to Subchapter G in the bill would take effect; otherwise, that portion of the bill would not take effect. If the amendments to Subchapter G in the bill do not become law (because other nonsubstantive corrections are enacted), then the proposed amendments to Subchapter H would take effect. Conversely, if Subchapter G in the bill becomes law, then the proposed amendments to Subchapter H would not take effect.
Regardless of whether amendments to Subchapter G or Subchapter H become law, enactment of the bill would have the impact described in the first paragraph of this fiscal note. The bill would take effect immediately if it receives the required two-thirds vote in each house; otherwise, it would take effect September 1, 2005 and would apply only to conduct that occurs on or after the effective date.
The Office of Attorney General estimates that costs associated with any additional lawsuits processed by that office as a result of provisions within the bill could be absorbed using existing resources. It is anticipated that local government entities would also process suits using existing resources.
| Source Agencies: | 302 Office of the Attorney General
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| LBB Staff: | JOB, WK, JB, DLBa
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