By: Crownover, et al. H.B. No. 1526 COMMITTEE SUBSTITUTE FOR H.B. No. 1526By: Hinojosa By: Hinojosa

(In the Senate - Received from the House May 1, 2009; May 5, 2009, read first time and referred to Committee on Natural Resources; May 25, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 25, 2009, sent to printer.)

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) Subject to Section 121.202, Utilities Code, and Section 182.025, Tax Code, 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 the pipeline facilities that are subject to this section; 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 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 common purchaser pipeline to relocate the pipeline:

(1) at the expense of the owner or operator of the common purchaser pipeline, if the common purchaser pipeline is located on a right-of-way of the state highway system; or

(2) at the expense of this state, if:

(A) the common purchaser pipeline is located on property in which the owner or operator of the common purchaser pipeline has a private property interest; or

(B) the owner or operator of the common purchaser pipeline is otherwise eligible for reimbursement under the Transportation Code.

(c) A municipality may charge a fee to the owner or operator of a common purchaser pipeline for the use of a public road or municipal street or alley maintained by the municipality.

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.

* * * * *