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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation, maintenance, or operation of natural |
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gas pipelines on state highways and 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. NATURAL GAS PIPELINE IN RIGHT-OF-WAY. |
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(a) In this section, "gas utility" means: |
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(1) a gas utility as defined by Section 121.001 or |
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181.021, Utilities Code; or |
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(2) a person that: |
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(A) is a common carrier under Section 111.002, |
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Natural Resources Code; |
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(B) is a common purchaser under Section 111.081, |
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Natural Resources Code; or |
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(C) owns, manages, operates, leases, or controls |
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a gas pipeline facility that is subject to Section 121.201, |
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Utilities Code. |
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(b) This section applies only to a natural gas pipeline |
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located or proposed to be located in: |
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(1) a county in which a part of the Barnett Shale |
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natural gas field is known to be located; |
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(2) a county that is located in the boundaries of a |
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metropolitan planning organization; or |
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(3) the corporate limits of a municipality. |
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(c) A gas utility is entitled to lay, maintain, and operate |
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a natural gas pipeline through, under, along, or across a state |
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highway, including a controlled access highway, only if: |
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(1) the pipeline is subject to the jurisdiction, |
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control, and regulation of the Railroad Commission of Texas and |
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subject to safety standard requirements pertaining to gas pipeline |
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facilities and transmission lines for the transportation of gas; |
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(2) the pipeline complies with all applicable state |
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rules and federal regulations on the accommodation of utility |
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facilities on the highway or right-of-way, including rules and |
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regulations relating to the horizontal and vertical location of the |
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pipeline; and |
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(3) the highway and associated facilities 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, as applicable, is |
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complete. |
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(d) Subject to Section 203.092, the commission may require a |
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gas utility to relocate a facility at the cost of the gas utility to |
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accommodate construction or expansion of the highway or for any |
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other public work unless the gas utility has a property interest in |
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the land occupied by the facility to be relocated. |
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(e) This section may not be construed to limit the authority |
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of a gas utility to use a public right-of-way. |
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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. |
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