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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a common purchaser that transports |
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natural gas by pipeline to use a public right-of-way for a pipeline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 111, Natural Resources |
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Code, is amended by adding Section 111.0831 to read as follows: |
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Sec. 111.0831. AUTHORITY OF CERTAIN COMMON PURCHASERS TO |
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USE PUBLIC RIGHT-OF-WAY FOR PIPELINE. (a) Subject to Section |
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121.202, Utilities Code, and Section 182.025, Tax Code, a common |
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purchaser as defined by Section 111.081(a)(2) has the right to lay, |
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maintain, and operate a pipeline over, under, across, and along a |
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public road as provided by this chapter only if: |
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(1) the pipeline complies with: |
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(A) all safety regulations adopted by the |
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commission relating to the pipeline facilities that are subject to |
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this section; and |
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(B) all applicable state and county regulations |
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regarding the placement of a pipeline facility on a right-of-way, |
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including a regulation on the horizontal placement of the pipeline; |
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and |
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(2) the common purchaser ensures that the public road |
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and any associated facility is promptly restored to its former |
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condition of usefulness after the installation or maintenance of |
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the pipeline. |
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(b) Notwithstanding Section 203.092, Transportation Code, |
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the Texas Department of Transportation may require the owner or |
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operator of a common purchaser pipeline to relocate the pipeline: |
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(1) at the expense of the owner or operator of the |
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common purchaser pipeline, if the common purchaser pipeline is |
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located on a right-of-way of the state highway system; or |
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(2) at the expense of this state, if: |
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(A) the common purchaser pipeline is located on |
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property in which the owner or operator of the common purchaser |
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pipeline has a private property interest; or |
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(B) the owner or operator of the common purchaser |
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pipeline is otherwise eligible for reimbursement under the |
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Transportation Code. |
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(c) A municipality may charge a fee to the owner or operator |
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of a common purchaser pipeline for the use of a public road or |
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municipal street or alley maintained by the municipality. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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* * * * * |