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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 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. |
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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) The proposed route of a pipeline and the proposed |
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location of pipeline related facilities must maximize, to the |
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extent practicable and economically reasonable, the use of existing |
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easements and public rights-of-way, including streets, roads, |
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highways, and utility rights-of-way, if adequate space exists and |
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the use will not violate, or cause the violation of, any applicable |
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pipeline safety regulations. |
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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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* * * * * |