BILL ANALYSIS

C.S.H.B. 2289

By: Crownover

Energy Resources

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Prior legislation that was intended to encourage the construction of pipelines in public rights-of-way rather than private property gave certain gas corporations the authority to lay a pipeline over, along, under, and across a public road, a railroad, railroad right-of-way, an interurban railroad, a street railroad, a canal or stream, or a municipal street.  C.S.H.B. 2289 seeks to restore the original intent of the legislation by removing the authorization to lay and maintain a pipeline along a railroad or a railroad right-of-way.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2289 amends the Utilities Code, in a provision of law authorizing a gas corporation to lay and maintain a gas pipeline in certain areas, to specify that the gas corporation may lay and maintain a pipeline over, under, and across, but not along, a railroad or a railroad right-of-way.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 2289 differs from the original by including an interurban railroad and a street railroad among the public rights-of-way along which a gas corporation is authorized to lay and maintain a pipeline, whereas the original included an interurban railroad and a street railroad with a railroad and a railroad right-of-way, along which a gas corporation is not authorized to lay and maintain a pipeline.