| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the installation, maintenance, operation, and |
|
|
relocation of saltwater 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 T to read as follows: |
|
|
SUBCHAPTER T. SALTWATER PIPELINES |
|
|
Sec. 91.901. DEFINITIONS. In this subchapter: |
|
|
(1) "Saltwater pipeline facility" means a pipeline |
|
|
facility that conducts water containing salt and other substances |
|
|
produced during drilling or operating an oil, gas, or other type of |
|
|
well. The term includes a pipeline facility that conducts flowback |
|
|
and produced water from an oil or gas well on which a hydraulic |
|
|
fracturing treatment has been performed to an oil and gas waste |
|
|
disposal well for disposal. |
|
|
(2) "Saltwater pipeline operator" means a person who |
|
|
owns, installs, manages, operates, leases, or controls a saltwater |
|
|
pipeline facility: |
|
|
Sec. 91.902. PIPELINE ON PUBLIC ROAD. A saltwater pipeline |
|
|
operator is entitled to install, maintain, and operate a saltwater |
|
|
pipeline facility through, under, along, across, or over a public |
|
|
road only if: |
|
|
(1) the pipeline facility complies with applicable |
|
|
rules adopted by the Texas Transportation Commission and applicable |
|
|
county and municipal regulations regarding the accommodation of |
|
|
utility facilities on a public road or right-of-way, including |
|
|
regulations relating to the horizontal or vertical placement of the |
|
|
pipeline facility; |
|
|
(2) the saltwater pipeline operator ensures that the |
|
|
public road and associated facilities are promptly restored to |
|
|
their former condition of usefulness after the installation or |
|
|
maintenance of the pipeline facility is complete; and |
|
|
(3) the saltwater pipeline operator leases the |
|
|
right-of-way or area in which the pipeline facility is installed |
|
|
and pays to the applicable governmental entity the fair market |
|
|
value of the operator's use of the right-of-way or area, unless the |
|
|
operator is authorized by other law to install, maintain, and |
|
|
operate the pipeline facility through, under, along, across, or |
|
|
over the public road. |
|
|
Sec. 91.903. RELOCATION OF SALTWATER 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, as applicable, may require a saltwater pipeline |
|
|
operator to relocate a saltwater pipeline facility at the cost of |
|
|
the saltwater pipeline operator to accommodate construction or |
|
|
expansion of a public road or for any other public work unless the |
|
|
saltwater 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, as |
|
|
applicable, shall give to the saltwater pipeline operator 30 days' |
|
|
written notice of the requirement. The notice must identify the |
|
|
pipeline facility to be relocated and indicate the approximate |
|
|
location on the new right-of-way where the saltwater 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 saltwater 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 saltwater pipeline operator under any other law; or |
|
|
(B) require payment of any applicable charge |
|
|
under Section 182.025, Tax Code. |
|
|
Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e), |
|
|
Local Government Code, and Sections 203.092, 224.008, and |
|
|
502.1981(c)(4), Transportation Code, apply to saltwater pipeline |
|
|
operators and saltwater pipeline facilities in the same manner as |
|
|
they apply to utilities and utility facilities. |
|
|
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, 2013. |