| |
| |
|
|
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 natural gas and other types |
|
|
of wells. |
|
|
(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: |
|
|
(A) saltwater safety regulations adopted by the |
|
|
commission relating to saltwater pipeline facilities; |
|
|
(B) federal regulations relating to saltwater |
|
|
pipeline facilities; and |
|
|
(C) rules adopted by the commission and the Texas |
|
|
Transportation Commission and applicable federal, 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; and |
|
|
(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. |
|
|
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 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 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 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 |
|
|
502.1981(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. |
|
|
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, 2013. |