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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial proceedings and Railroad Commission of Texas |
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hearings to determine whether a person who owns, operates, or |
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manages a pipeline is a common carrier; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 135 to read as follows: |
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CHAPTER 135. COMMON CARRIER DETERMINATION |
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Sec. 135.001. COMMON CARRIER DETERMINATION. (a) A permit |
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granted under Subchapter B-1, Chapter 111, Natural Resources Code, |
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is a conclusive determination for the purposes of a judicial |
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proceeding that the permit holder is a common carrier, as defined by |
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the laws of this state. |
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(b) This section does not apply to an appeal described by |
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Section 111.048(f), Natural Resources Code. |
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SECTION 2. Chapter 111, Natural Resources Code, is amended |
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by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. COMMON CARRIER DETERMINATION |
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Sec. 111.041. COMMON CARRIER STATUS. (a) A person who |
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owns, operates, or manages a pipeline is not conclusively |
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determined to be a common carrier, as defined by the laws of this |
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state, for the purposes of a judicial proceeding unless the person |
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holds a permit issued under this subchapter. A permit issued under |
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this subchapter is a conclusive determination for the purposes of a |
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judicial proceeding, other than a judicial proceeding described by |
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Section 111.048(f), that the permit holder is a common carrier, as |
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defined by the laws of this state. |
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(b) A permit to operate a pipeline issued by the commission |
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that does not comply with this subchapter must state that the |
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commission has not made a conclusive determination that the permit |
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holder is a common carrier, as defined by the laws of this state. |
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Sec. 111.042. STATUS APPLICATION. (a) A person who owns, |
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operates, or manages a pipeline and who seeks a conclusive |
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determination under this subchapter that the person is a common |
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carrier must submit to the commission an application for the |
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determination on a form specified by the commission that includes |
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evidence required by the commission to show that the applicant |
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qualifies as a common carrier. |
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(b) The application must be accompanied by a reasonable fee |
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established by commission rule to cover the costs of administering |
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this subchapter but not to exceed $2,500. |
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(c) The commission shall provide to the applicant notice |
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that the commission has received the application and shall include |
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with the notice a proposed location, date, and time for a hearing on |
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the application. The proposed hearing date must be not earlier than |
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the 35th day and not later than the 56th day after the date the |
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commission sends the notice. |
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Sec. 111.043. NOTICE. (a) After the commission provides |
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notice under Section 111.042(c), the applicant shall: |
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(1) publish notice of the application for two |
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consecutive weeks in a newspaper of general circulation in each |
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county in which a portion of the pipeline may be located; |
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(2) mail or deliver notice of the application to the |
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county clerk or municipal secretary of each county and municipality |
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in which a portion of the pipeline may be located not later than the |
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last day of the newspaper publication required by Subdivision (1); |
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(3) provide Internet access to the text of the |
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application if no other entity provides the access not later than |
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the last day of the newspaper publication required by Subdivision |
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(1); and |
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(4) file with the commission proof of compliance with |
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the publication requirement of Subdivision (1) and an affidavit |
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attesting that the applicant has complied with the notice |
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requirements of Subdivisions (2) and (3). |
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(b) The notice of the application must include: |
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(1) the proposed location, date, and time of the |
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hearing on the application, a statement that the proposed location, |
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date, and time are subject to change, and a statement that a person |
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may contact the commission to determine whether the proposed |
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location, date, or time has been changed; |
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(2) a description of the point of origin and point of |
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destination of the pipeline; |
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(3) a list of each county and municipality in which a |
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portion of the pipeline may be located; |
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(4) the Internet address at which the text of the |
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application can be viewed; |
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(5) a description of the procedure for protesting the |
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application, including the protest deadline provided under Section |
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111.044; and |
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(6) a statement that the purpose of the hearing is to |
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determine whether the applicant is a common carrier, as defined by |
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the laws of this state, and not to determine the route of the |
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proposed pipeline. |
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Sec. 111.044. PROTESTS. (a) A person may file a protest |
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with the commission of an application submitted under this |
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subchapter if the person: |
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(1) owns land in a county in which a portion of the |
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pipeline may be located; |
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(2) is a county or municipality in which a portion of |
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the pipeline may be located; or |
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(3) is a commission staff member. |
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(b) A protest must be filed not later than the 21st day after |
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the last day of the newspaper publication required by Section |
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111.043(a)(1). |
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Sec. 111.045. HEARINGS EXAMINER. The commission shall |
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designate a hearings examiner to: |
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(1) review applications without a hearing under |
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Section 111.046; and |
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(2) conduct hearings on applications under Section |
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111.047. |
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Sec. 111.046. ADMINISTRATIVE REVIEW. The hearings examiner |
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may review an application without a hearing if: |
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(1) the commission does not receive a protest of the |
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application under Section 111.044 before the deadline provided by |
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Subsection (b) of that section; |
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(2) commission staff has reviewed the application and |
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stipulated that there are no disputed issues of fact or law |
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regarding the application; and |
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(3) the hearings examiner finds that a hearing is |
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unnecessary and that administrative review is warranted. |
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Sec. 111.047. HEARING. (a) Except as provided by |
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Subsection (b), if Section 111.046 does not apply, the hearings |
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examiner shall hold a hearing on the application at the proposed |
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location, date, and time specified in the notice provided under |
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Section 111.042(c). |
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(b) If the applicant publishes the newspaper notice |
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required by Section 111.043(a)(1) for two consecutive weeks the |
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last day of which falls on a day that is less than 21 days before the |
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proposed hearing date specified in the notice provided under |
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Section 111.042(c), the hearings examiner shall hold the hearing on |
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a date that is at least 21 days after the last day of the newspaper |
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publication. |
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(c) The commission shall provide notice of the hearing |
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location, date, and time to the applicant and each person who filed |
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a protest under Section 111.044. |
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(d) The purpose of the hearing is to determine whether the |
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applicant is a common carrier, as defined by the laws of this state, |
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and not to determine the route of the proposed pipeline. |
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Sec. 111.048. PERMIT; PROPOSAL FOR DECISION; COMMISSION |
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ORDER. (a) The commission may approve an application and issue a |
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permit to the applicant to operate in this state as a common carrier |
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if the commission finds after administrative review or a hearing |
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that the applicant is a common carrier, as defined by the laws of |
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this state. |
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(b) For an application reviewed by a hearings examiner |
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without a hearing as authorized by Section 111.046, not later than |
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the 40th day after the last day of the newspaper publication |
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required by Section 111.043(a)(1): |
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(1) the hearings examiner shall issue to the |
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commission a recommended order containing findings of fact and |
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conclusions of law; and |
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(2) the commission shall issue an order approving or |
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denying the application. |
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(c) For an application for which a hearings examiner holds a |
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hearing under Section 111.047, not later than the 40th day after the |
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last day of the hearing: |
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(1) the hearings examiner shall issue to the |
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commission a proposal for decision containing findings of fact and |
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conclusions of law; and |
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(2) the commission shall issue an order approving or |
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denying the application. |
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(d) A commission order issued under this section must |
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include: |
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(1) a statement of findings of fact that includes the |
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substance of the evidence presented at the hearing, if a hearing was |
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held; and |
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(2) conclusions of law that support the decision. |
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(e) The commission may adopt, wholly or partly, or modify |
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the findings of fact and conclusions of law in the proposal for |
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decision. |
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(f) A person may appeal a commission order issued under |
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Subsection (b)(2) of this section in the manner provided by |
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Subchapter G, Chapter 2001, Government Code. |
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Sec. 111.049. COMMISSION AUTHORITY TO EXTEND DEADLINES. |
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The commission may extend a deadline prescribed by Section 111.044, |
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111.046, 111.047, or 111.048 for good cause. |
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Sec. 111.050. RULES. The commission may adopt rules as |
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necessary to implement this subchapter. |
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SECTION 3. The changes in law made by this Act relating to a |
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permit to operate a pipeline apply only to a permit the application |
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for which is filed with the Railroad Commission of Texas on or after |
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the effective date of this Act. A permit the application for which |
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was filed before the effective date of this Act is governed by the |
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law in effect on the date the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |