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Amend HB 2572 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, in amended Section 181.005(a),
Utilities Code (page 1, line 25), between "alley" and the period,
insert the following:
only if:
(1) the pipeline complies with:
(A) all safety regulations adopted by the
Railroad Commission of Texas and all federal regulations relating
to pipeline facilities and pipelines; and
(B) all rules adopted by the Texas Department of
Transportation or the Railroad Commission of Texas and all federal
regulations regarding the accommodation of utility facilities on a
right-of-way, including regulations relating to the horizontal or
vertical placement of the pipeline; and
(2) the owner or operator of the pipeline ensures that
the public right-of-way and any associated facility is promptly
restored to its former condition of usefulness after the
installation or maintenance of the pipeline.
(2) In SECTION 2 of the bill, in amended Section 181.005,
Utilities Code (page 1, lines 30-36), strike proposed Subsection
(c) and substitute the following:
(c) In determining the route of a pipeline within a
municipality, a gas corporation shall consider using existing
easements and public rights-of-way, including streets, roads,
highways, and utility rights-of-way. In deciding whether to use a
public easement or right-of-way, the gas corporation shall consider
whether:
(1) the use is economically practicable;
(2) adequate space exists; and
(3) the use will violate, or cause the violation of any
pipeline safety regulations.
(d) The Texas Department of Transportation may require the
owner or operator of a pipeline to relocate the pipeline:
(1) at the expense of the owner or operator of the
pipeline, if the pipeline is located on a right-of-way of the state
highway system;
(2) at the expense of this state, if the pipeline is
located on property in which the owner or operator of the pipeline
has a private interest; or
(3) in accordance with Section 203.092,
Transportation Code, at the expense of this state, if the pipeline
is owned or operated by a utility as defined by Section 203.091,
Transportation Code.
(e) Rules adopted by the Texas Department of Transportation
regarding horizontal and vertical placement of pipelines must be
reasonable and, for rights-of-way of the state highway system, must
provide an appeals process through the Texas Department of
Transportation.