|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of a common purchaser that transports |
|
natural gas by pipeline to use a public right-of-way for a pipeline. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter D, Chapter 111, Natural Resources |
|
Code, is amended by adding Section 111.0831 to read as follows: |
|
Sec. 111.0831. AUTHORITY OF CERTAIN COMMON PURCHASERS TO |
|
USE PUBLIC RIGHT-OF-WAY FOR PIPELINE. (a) A common purchaser as |
|
defined by Section 111.081(a)(2) has the right to lay, maintain, |
|
and operate a pipeline over, under, across, and along a public road |
|
as provided by this chapter only if: |
|
(1) the pipeline complies with: |
|
(A) all safety regulations adopted by the |
|
commission relating to pipeline facilities; and |
|
(B) all applicable state and county regulations |
|
regarding the placement of a pipeline facility on a right-of-way, |
|
including a regulation on the horizontal or vertical placement of |
|
the pipeline; and |
|
(2) the common purchaser ensures that the public road |
|
and any associated facility is promptly restored to its former |
|
condition of usefulness after the installation or maintenance of |
|
the pipeline. |
|
(b) Notwithstanding Section 203.092, Transportation Code, |
|
the Texas Department of Transportation may require the owner or |
|
operator of a natural gas 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; or |
|
(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. |
|
SECTION 2. 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, 2009. |