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AN ACT
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relating to the authority of a gas corporation to use a public |
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right-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.2025(a), Utilities Code, is amended |
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to read as follows: |
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(a) Except as otherwise provided by this section or Section |
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182.025, Tax Code, a municipality may not assess a charge for the |
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placement, construction, maintenance, repair, replacement, |
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operation, use, relocation, or removal of a gas pipeline facility |
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on, along, under, or across a public road, highway, street, alley, |
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stream, canal, or other public way. |
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SECTION 2. Section 181.005, Utilities Code, is amended to |
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read as follows: |
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Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. (a) A |
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gas corporation has the right to lay and maintain lines over, along, |
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under, and across a public road, a railroad, railroad right-of-way, |
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an interurban railroad, a street railroad, a canal or stream, or a |
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municipal street or alley 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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Railroad Commission of Texas and all federal regulations relating |
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to pipeline facilities and pipelines; and |
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(B) all rules adopted by the Texas Department of |
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Transportation or the Railroad Commission of Texas and all federal |
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regulations regarding the accommodation of utility facilities on a |
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right-of-way, including regulations relating to the horizontal or |
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vertical placement of the pipeline; and |
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(2) the owner or operator of the pipeline ensures that |
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the public right-of-way and any associated facility are promptly |
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restored to their former condition of usefulness after the |
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installation or maintenance of the pipeline. |
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(b) The right granted by Subsection (a) relating to the use |
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of a municipal street or alley is subject to the payment of charges |
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in accordance with Section 121.2025 of this code and Sections |
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182.025 and 182.026, Tax Code. |
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(c) In determining the route of a pipeline within a |
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municipality, a gas corporation shall consider using existing |
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easements and public rights-of-way, including streets, roads, |
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highways, and utility rights-of-way. In deciding whether to use a |
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public easement or right-of-way, the gas corporation shall consider |
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whether: |
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(1) the use is economically practicable; |
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(2) adequate space exists; and |
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(3) the use will violate, or cause the violation of any |
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pipeline safety regulations. |
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(d) The Texas Department of Transportation may require the |
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owner or operator of a pipeline to relocate the pipeline: |
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(1) at the expense of the owner or operator of the |
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pipeline, if the pipeline is located on a right-of-way of the state |
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highway system; |
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(2) at the expense of this state, if the pipeline is |
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located on property in which the owner or operator of the pipeline |
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has a private interest; or |
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(3) in accordance with Section 203.092, |
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Transportation Code, at the expense of this state, if the pipeline |
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is owned or operated by a gas utility as defined by Section 181.021 |
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of this code or a common carrier as defined by Chapter 111, Natural |
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Resources Code. |
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(e) Rules adopted by the Texas Department of Transportation |
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regarding horizontal and vertical placement of pipelines must be |
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reasonable and, for rights-of-way of the state highway system, must |
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provide an appeals process through the Texas Department of |
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Transportation. |
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SECTION 3. 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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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2572 was passed by the House on April |
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28, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2572 on May 25, 2009, by the following vote: Yeas 146, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2572 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |