83R3002 SLB-D
 
  By: Burnam H.B. No. 380
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to safety requirements applicable to gas pipelines in
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 121, Utilities Code, is
  amended by adding Section 121.2017 to read as follows:
         Sec. 121.2017.  SAFETY REQUIREMENTS FOR CERTAIN PORTIONS OF
  PIPELINES IN CERTAIN POPULOUS COUNTIES. (a)  This section applies
  only to that portion of a gas pipeline that is located or proposed
  to be located in:
               (1)  a Class 3 or 4 location as defined by 49 C.F.R.
  Section 192.5; and
               (2)  a county that is located wholly or partly above a
  hydrocarbon-producing geological formation that underlies all or
  part of two counties:
                     (A)  that are adjacent to one another; and
                     (B)  each of which has a population of more than
  1.8 million.
         (b)  A gathering or transmission pipeline may not be
  constructed within 50 feet of an established permanent structure
  that is used by human beings on a regular basis unless:
               (1)  the owner of the structure consents in writing to
  the construction of the pipeline; or
               (2)  the pipeline:
                     (A)  operates at a pressure that does not exceed
  50 percent of the pipeline's specified minimum yield strength;
                     (B)  is equipped with automatic shutoff valves;
  and
                     (C)  is buried at least 12 inches deeper than
  required by all other applicable state and federal regulations.
         (c)  The operator of a gathering or transmission pipeline
  shall monitor the pipeline with a supervisory control and data
  acquisition system unless:
               (1)  the operator demonstrates to the railroad
  commission that use of the system would be infeasible or
  economically impractical; and
               (2)  the operator conducts a leak survey of the
  pipeline at least once every three months.
         (d)  The pipe used in a gathering or transmission pipeline
  must be constructed of materials that meet the requirements of 49
  C.F.R. Part 192.  The railroad commission may not issue a permit
  that exempts a pipeline from the requirements of this subsection.
         (e)  A gathering or transmission pipeline must be protected
  from corrosion in the manner required by 49 C.F.R. Part 192.  A
  pipeline integrity assessment by in-line inspection, a pressure
  test, or a direct assessment as defined by railroad commission
  rules of a gathering or transmission pipeline must be conducted
  every three years.
         (f)  The railroad commission shall adopt rules to implement
  this section.
         (g)  This section and railroad commission rules adopted to
  implement this section shall be enforced in the same manner as
  Section 121.201 and safety standards or other rules prescribed or
  adopted under that section.
         SECTION 2.  (a)  As soon as practicable after the effective
  date of this Act, the Railroad Commission of Texas shall adopt rules
  to implement Section 121.2017, Utilities Code, as added by this
  Act.
         (b)  Sections 121.2017(b) and (d), Utilities Code, as added
  by this Act, apply only to a pipeline constructed on or after the
  effective date of this Act.
         (c)  A pipeline subject to this Act that is in existence on
  the effective date of this Act is not required to be brought into
  compliance with Section 121.2017(e), Utilities Code, as added by
  this Act, until January 1, 2016.
         SECTION 3.  This Act takes effect January 1, 2014.