S.B. No. 686
  relating to the installation, maintenance, or operation of natural
  gas pipelines on state highways and highway and county road
         SECTION 1.  Subchapter E, Chapter 203, Transportation Code,
  is amended by adding Section 203.096 to read as follows:
  (a)  In this section, "gas utility" means:
               (1)  a gas utility as defined by Section 121.001 or
  181.021, Utilities Code; or
               (2)  a person that:
                     (A)  is a common carrier under Section 111.002,
  Natural Resources Code;
                     (B)  is a common purchaser under Section 111.081,
  Natural Resources Code; or
                     (C)  owns, manages, operates, leases, or controls
  a gas pipeline facility that is subject to Section 121.201,
  Utilities Code.
         (b)  This section applies only to a natural gas pipeline
  located or proposed to be located in:
               (1)  a county in which a part of the Barnett Shale
  natural gas field is known to be located;
               (2)  a county that is located in the boundaries of a
  metropolitan planning organization; or
               (3)  the corporate limits of a municipality.
         (c)  A gas utility is entitled to lay, maintain, and operate
  a natural gas pipeline through, under, along, or across a
  controlled access highway, as defined by Section 203.001(1), only
               (1)  the pipeline is subject to the jurisdiction,
  control, and regulation of the Railroad Commission of Texas and
  subject to safety standard requirements pertaining to gas pipeline
  facilities and transmission lines for the transportation of gas;
               (2)  the pipeline complies with all applicable state
  rules consistent with this section and all applicable federal
  regulations on the accommodation of utility facilities on the
  highway or right-of-way, including rules and regulations relating
  to the horizontal and vertical location of the pipeline; and
               (3)  the highway and associated facilities are promptly
  restored to their former condition of usefulness after the
  installation or maintenance of the pipeline, as applicable, is
         (d)  Subject to Section 203.092, the department may require a
  gas utility to relocate a facility at the cost of the gas utility to
  accommodate construction or expansion of the highway or for any
  other public work unless the gas utility has a property interest in
  the land occupied by the facility to be relocated.
         (e)  This section may not be construed to:
               (1)  limit the authority of a gas utility to use a
  public right-of-way under any other law; or
               (2)  affect the authority of a municipality to:
                     (A)  regulate the use of a public right-of-way by
  a gas utility under any other law; or
                     (B)  require payment of any applicable charge
  under Section 121.2025, Utilities Code, and Sections 182.025 and
  182.026, Tax Code.
         SECTION 2.  Subchapter A, Chapter 251, Transportation Code,
  is amended by adding Section 251.018 to read as follows:
         Sec. 251.018.  SUBSURFACE ACCESS IN RIGHT-OF-WAY. (a)  A
  county shall allow subsurface access to a county road right-of-way
  for the installation of a temporary water line that does not
  interfere with existing utilities located in the right-of-way. The
  county may regulate the horizontal or vertical location of the
  water line within the right-of-way.
         (b)  A county may not adopt or enforce an ordinance or
  regulation that establishes or conflicts with a safety standard or
  practice applicable to a temporary water line that is regulated
  under state or federal law.
         SECTION 3.  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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 686 passed the Senate on
  April 21, 2009, by the following vote:  Yeas 30, Nays 0;
  May 23, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2009, House
  granted request of the Senate; May 31, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 686 passed the House, with
  amendments, on May 20, 2009, by the following vote:  Yeas 143,
  Nays 0, two present not voting; May 28, 2009, House granted request
  of the Senate for appointment of Conference Committee;
  May 31, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 0, one present not voting.
  Chief Clerk of the House