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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities or counties to |
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adopt and enforce safety standards applicable to certain gas |
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pipelines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 121.202, Utilities Code, |
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is amended to read as follows: |
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Sec. 121.202. MUNICIPAL AND COUNTY AUTHORITY IN GENERAL. |
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SECTION 2. Subchapter E, Chapter 121, Utilities Code, is |
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amended by adding Section 121.2023 to read as follows: |
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Sec. 121.2023. MUNICIPAL AND COUNTY AUTHORITY REGARDING |
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PIPELINES IN CERTAIN POPULOUS COUNTIES. (a) This section applies |
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only to: |
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(1) a county that: |
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(A) has a population of more than 1.4 million; |
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and |
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(B) is located wholly or partly above a |
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hydrocarbon-producing geological formation in which during the |
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preceding year the Railroad Commission of Texas issued more than |
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2,000 drilling permits authorizing gas wells to be completed; and |
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(2) a municipality that is located wholly or partly in |
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a county described by Subdivision (1). |
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(b) Notwithstanding Section 121.202 and to the maximum |
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degree permissible under 49 U.S.C. Section 60101 et seq. or a |
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succeeding law, a municipality or county may adopt an ordinance or |
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order, respectively, that establishes safety standards applicable |
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to a gas gathering or transmission pipeline located or proposed to |
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be located in the municipality or county, respectively. |
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(c) Safety standards adopted by a municipality or county |
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under this section must be consistent with, and shall be enforced by |
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the municipality or county in the same manner as, safety standards |
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adopted by the railroad commission under Section 121.201. |
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SECTION 3. This Act takes effect September 1, 2009. |