82R1879 JXC-D

By: Davis S.B. No. 103

A BILL TO BE ENTITLED

AN ACT

relating to the installation, maintenance, operation, and relocation of wastewater pipeline facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 91, Natural Resources Code, is amended by adding Subchapter S to read as follows:

SUBCHAPTER S. WASTEWATER PIPELINES

Sec. 91.901. DEFINITIONS. In this subchapter:

(1) "Wastewater pipeline facility" means a pipeline facility that conducts water containing salt or other substances produced during drilling or operating natural gas and other types of wells.

(2) "Wastewater pipeline operator" means a person who owns, installs, manages, operates, leases, or controls a wastewater pipeline facility.

Sec. 91.902. PIPELINE ON STATE HIGHWAY. A wastewater pipeline operator is entitled to install, maintain, and operate a wastewater pipeline facility through, under, along, across, or over a state highway, including a controlled access highway as defined by Section 203.001(1), Transportation Code, only if:

(1) the pipeline facility complies with:

(A) any safety regulations adopted by the commission relating to wastewater pipeline facilities;

(B) any federal regulations relating to wastewater pipeline facilities; and

(C) all applicable rules adopted by the Texas Transportation Commission or the Railroad Commission of Texas and all applicable federal regulations regarding the accommodation of utility facilities on a highway or right-of-way, including regulations relating to the horizontal or vertical placement of the pipeline facility; and

(2) the wastewater pipeline operator ensures that the highway and associated facilities are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline facility is complete.

Sec. 91.903. RELOCATION OF WASTEWATER PIPELINE FACILITY FOR CERTAIN PURPOSES. (a) Except as provided by Section 203.092, Transportation Code, the Texas Transportation Commission, the commissioners court of a county, or the governing body of a municipality may require a wastewater pipeline operator to relocate a wastewater pipeline facility at the cost of the wastewater pipeline operator to accommodate construction or expansion of a highway or for any other public work unless the wastewater pipeline operator has a property interest in the land occupied by the facility to be relocated.

(b) The Texas Transportation Commission, the commissioners court of a county, or the governing body of a municipality shall give to the wastewater pipeline operator 30 days' written notice of the requirement. The notice must identify the pipeline facility to be relocated and indicate the location on the new right-of-way where the wastewater pipeline operator may place the facility.

Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to:

(1) limit the authority of a wastewater pipeline facility 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 wastewater pipeline operator under any other law; or

(B) require payment of any applicable charge under Sections 182.025 and 182.026, Tax Code.

Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e), Local Government Code, and Sections 203.092, 224.008, and 502.1025(c)(4), Transportation Code, apply to wastewater pipeline operators and wastewater pipeline facilities in the same manner as they apply to utilities and utility facilities.

Sec. 91.906. RULES. The commission shall adopt rules to implement this subchapter.

SECTION 2. 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, 2011.