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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation of natural gas pipelines in controlled  | 
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access highway rights-of-way. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  Subchapter E, Chapter 203, Transportation Code,  | 
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is amended by adding Section 203.096 to read as follows: | 
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       Sec. 203.096.  SUBSURFACE ACCESS IN RIGHT-OF-WAY.  (a)  The  | 
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commission shall allow subsurface access to a controlled access  | 
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highway right-of-way for the installation of a natural gas pipeline  | 
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that does not interfere with existing utilities located in the  | 
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right-of-way.  The commission may regulate the horizontal or  | 
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vertical location of the pipeline within the right-of-way. | 
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       (b)  The commission may require a natural gas pipeline  | 
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operator to relocate facilities at the cost of the operator to  | 
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accommodate construction or expansion of the highway or for any  | 
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other public work. | 
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       SECTION 2.  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. |