81R24974 SMH-D
 
  By: Burnam, Truitt H.B. No. 1537
 
  Substitute the following for H.B. No. 1537:
 
  By:  Gonzalez Toureilles C.S.H.B. No. 1537
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to safety requirements applicable to gas pipelines in
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 121, Utilities Code, is
  amended by adding Section 121.2017 to read as follows:
         Sec. 121.2017.  SAFETY REQUIREMENTS FOR CERTAIN PORTIONS OF
  PIPELINES IN CERTAIN POPULOUS COUNTIES. (a)  This section applies
  only to that portion of a gas pipeline that is located or proposed
  to be located in:
               (1)  a Class 3 or 4 location as defined by 49 C.F.R.
  Section 192.5; and
               (2)  a county that is located wholly or partly above a
  hydrocarbon-producing geological formation in which during the
  preceding year the railroad commission issued more than 1,500
  drilling permits authorizing gas wells to be completed.
         (b)  A gathering pipeline may not be constructed within 30
  feet of an established permanent structure that is used by human
  beings on a regular basis unless:
               (1)  the owner of the structure consents in writing to
  the construction of the pipeline; or
               (2)  the pipeline meets enhanced safety requirements in
  its design, construction, and operation as determined by the
  railroad commission.
         (b-1)  A transmission pipeline may not be constructed within
  50 feet of an established permanent structure that is used by human
  beings on a regular basis unless:
               (1)  the owner of the structure consents in writing to
  the construction of the pipeline; or
               (2)  the pipeline meets enhanced safety requirements in
  its design, construction, and operation as determined by the
  railroad commission.
         (c)  A gathering pipeline must use advanced leak detection
  measures as determined by the railroad commission.
         (d)  The pipe used in a gathering or transmission pipeline
  must be constructed of materials that meet the requirements of 49
  C.F.R. Part 192.
         (e)  A gathering or transmission pipeline must be protected
  from external corrosion in the manner required by 49 C.F.R. Part
  192.
         (f)  A pipeline integrity assessment by in-line inspection,
  a pressure test, or a direct assessment as defined by railroad
  commission rules of a gathering pipeline must be conducted every
  five years.
         (g)  The railroad commission shall adopt rules to implement
  this section.
         (h)  This section and railroad commission rules adopted to
  implement this section shall be enforced in the same manner as
  Section 121.201 and safety standards or other rules prescribed or
  adopted under that section.
         SECTION 2.  (a)  As soon as practicable after the effective
  date of this Act, the Railroad Commission of Texas shall adopt rules
  to implement Section 121.2017, Utilities Code, as added by this
  Act.
         (b)  Sections 121.2017(b)-(d), Utilities Code, as added by
  this Act, apply only to a pipeline constructed on or after the
  effective date of this Act.
         (c)  A pipeline subject to this Act that is in existence on
  the effective date of this Act is not required to be brought into
  compliance with Sections 121.2017(e) and (f), Utilities Code, as
  added by this Act, until February 4, 2012.
         SECTION 3.  This Act takes effect January 1, 2010.