By: Farabee, et al. (Senate Sponsor - Averitt) H.B. No. 1967
         (In the Senate - Received from the House March 28, 2007;
  April 3, 2007, read first time and referred to Committee on Natural
  Resources; April 11, 2007, reported favorably by the following
  vote:  Yeas 11, Nays 0; April 11, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation as common carriers of certain owners,
  operators, or managers of pipelines for the transportation of
  feedstock for carbon gasification, the products of carbon
  gasification, or the derivative products of carbon gasification.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 111.002, Natural Resources Code, is
  amended to read as follows:
         Sec. 111.002.  COMMON CARRIERS UNDER CHAPTER.  A person is a
  common carrier subject to the provisions of this chapter if it:
               (1)  owns, operates, or manages a pipeline or any part
  of a pipeline in the State of Texas for the transportation of crude
  petroleum to or for the public for hire, or engages in the business
  of transporting crude petroleum by pipeline;
               (2)  owns, operates, or manages a pipeline or any part
  of a pipeline in the State of Texas for the transportation of crude
  petroleum to or for the public for hire and the pipeline is
  constructed or maintained on, over, or under a public road or
  highway, or is an entity in favor of whom the right of eminent
  domain exists;
               (3)  owns, operates, or manages a pipeline or any part
  of a pipeline in the State of Texas for the transportation of crude
  petroleum to or for the public for hire which is or may be
  constructed, operated, or maintained across, on, along, over, or
  under the right-of-way of a railroad, corporation, or other common
  carrier required by law to transport crude petroleum as a common
  carrier;
               (4)  under lease, contract of purchase, agreement to
  buy or sell, or other agreement or arrangement of any kind, owns,
  operates, manages, or participates in ownership, operation, or
  management of a pipeline or part of a pipeline in the State of Texas
  for the transportation of crude petroleum, bought of others, from
  an oil field or place of production within this state to any
  distributing, refining, or marketing center or reshipping point
  within this state;
               (5)  owns, operates, or manages, wholly or partially,
  pipelines for the transportation for hire of coal in whatever form
  or of any mixture of substances including coal in whatever form;
  [or]
               (6)  owns, operates, or manages, wholly or partially,
  pipelines for the transportation of carbon dioxide or hydrogen in
  whatever form to or for the public for hire, but only if such person
  files with the commission a written acceptance of the provisions of
  this chapter expressly agreeing that, in consideration of the
  rights acquired, it becomes a common carrier subject to the duties
  and obligations conferred or imposed by this chapter; or
               (7)  owns, operates, or manages a pipeline or any part
  of a pipeline in the State of Texas for the transportation of
  feedstock for carbon gasification, the products of carbon
  gasification, or the derivative products of carbon gasification, in
  whatever form, to or for the public for hire, but only if the person
  files with the commission a written acceptance of the provisions of
  this chapter expressly agreeing that, in consideration of the
  rights acquired, it becomes a common carrier subject to the duties
  and obligations conferred or imposed by this chapter.
         SECTION 2.  Section 111.013, Natural Resources Code, is
  amended to read as follows:
         Sec. 111.013.  CONTROL OF PIPELINES.  A pipeline subject to
  the provisions of this chapter not exempt under Section 111.003 [of
  this code], which is used in connection with the business of
  purchasing or purchasing and selling crude petroleum, or in the
  business of transporting coal, carbon dioxide, [or] hydrogen,
  feedstock for carbon gasification, the products of carbon
  gasification, or the derivative products of carbon gasification in
  whatever form by pipeline for hire in Texas, shall be operated as a
  common carrier and shall be subject to the jurisdiction of the
  commission.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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