83R21363 E
 
  By: Lewis, Crownover, King of Zavala, H.B. No. 2748
      Raymond, Darby, et al.
 
  Substitute the following for H.B. No. 2748:
 
  By:  Thompson of Harris C.S.H.B. No. 2748
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to judicial proceedings and Railroad Commission of Texas
  hearings to determine whether a person who owns, operates, or
  manages a pipeline is a common carrier; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 135 to read as follows:
  CHAPTER 135. COMMON CARRIER DETERMINATION
         Sec. 135.001.  COMMON CARRIER DETERMINATION. (a) A permit
  granted under Subchapter B-1, Chapter 111, Natural Resources Code,
  is a conclusive determination for the purposes of a judicial
  proceeding that the permit holder is a common carrier, as defined by
  the laws of this state.
         (b)  This section does not apply to an appeal described by
  Section 111.048(f), Natural Resources Code.
         SECTION 2.  Chapter 111, Natural Resources Code, is amended
  by adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1.  COMMON CARRIER DETERMINATION
         Sec. 111.041.  COMMON CARRIER STATUS. (a)  A person who
  owns, operates, or manages a pipeline is not conclusively
  determined to be a common carrier, as defined by the laws of this
  state, for the purposes of a judicial proceeding unless the person
  holds a permit issued under this subchapter. A permit issued under
  this subchapter is a conclusive determination for the purposes of a
  judicial proceeding, other than a judicial proceeding described by
  Section 111.048(f), that the permit holder is a common carrier, as
  defined by the laws of this state.
         (b)  A permit to operate a pipeline issued by the commission
  that does not comply with this subchapter must state that the
  commission has not made a conclusive determination that the permit
  holder is a common carrier, as defined by the laws of this state.
         Sec. 111.042.  STATUS APPLICATION. (a) A person who owns,
  operates, or manages a pipeline and who seeks a conclusive
  determination under this subchapter that the person is a common
  carrier must submit to the commission an application for the
  determination on a form specified by the commission that includes
  evidence required by the commission to show that the applicant
  qualifies as a common carrier.
         (b)  The application must be accompanied by a reasonable fee
  established by commission rule to cover the costs of administering
  this subchapter but not to exceed $2,500.
         (c)  The commission shall provide to the applicant notice
  that the commission has received the application and shall include
  with the notice a proposed location, date, and time for a hearing on
  the application. The proposed hearing date must be not earlier than
  the 35th day and not later than the 56th day after the date the
  commission sends the notice.
         Sec. 111.043.  NOTICE. (a)  After the commission provides
  notice under Section 111.042(c), the applicant shall:
               (1)  publish notice of the application for two
  consecutive weeks in a newspaper of general circulation in each
  county in which a portion of the pipeline may be located;
               (2)  mail or deliver notice of the application to the
  county clerk or municipal secretary of each county and municipality
  in which a portion of the pipeline may be located not later than the
  last day of the newspaper publication required by Subdivision (1);
               (3)  provide Internet access to the text of the
  application if no other entity provides the access not later than
  the last day of the newspaper publication required by Subdivision
  (1); and
               (4)  file with the commission proof of compliance with
  the publication requirement of Subdivision (1) and an affidavit
  attesting that the applicant has complied with the notice
  requirements of Subdivisions (2) and (3).
         (b)  The notice of the application must include:
               (1)  the proposed location, date, and time of the
  hearing on the application, a statement that the proposed location,
  date, and time are subject to change, and a statement that a person
  may contact the commission to determine whether the proposed
  location, date, or time has been changed;
               (2)  a description of the point of origin and point of
  destination of the pipeline;
               (3)  a list of each county and municipality in which a
  portion of the pipeline may be located;
               (4)  the Internet address at which the text of the
  application can be viewed;
               (5)  a description of the procedure for protesting the
  application, including the protest deadline provided under Section
  111.044; and
               (6)  a statement that the purpose of the hearing is to
  determine whether the applicant is a common carrier, as defined by
  the laws of this state, and not to determine the route of the
  proposed pipeline.
         Sec. 111.044.  PROTESTS. (a)  A person may file a protest
  with the commission of an application submitted under this
  subchapter if the person:
               (1)  owns land in a county in which a portion of the
  pipeline may be located;
               (2)  is a county or municipality in which a portion of
  the pipeline may be located; or
               (3)  is a commission staff member.
         (b)  A protest must be filed not later than the 21st day after
  the last day of the newspaper publication required by Section
  111.043(a)(1).
         Sec. 111.045.  HEARINGS EXAMINER. The commission shall
  designate a hearings examiner to:
               (1)  review applications without a hearing under
  Section 111.046; and
               (2)  conduct hearings on applications under Section
  111.047.
         Sec. 111.046.  ADMINISTRATIVE REVIEW. The hearings examiner
  may review an application without a hearing if:
               (1)  the commission does not receive a protest of the
  application under Section 111.044 before the deadline provided by
  Subsection (b) of that section;
               (2)  commission staff has reviewed the application and
  stipulated that there are no disputed issues of fact or law
  regarding the application; and
               (3)  the hearings examiner finds that a hearing is
  unnecessary and that administrative review is warranted.
         Sec. 111.047.  HEARING. (a)  Except as provided by
  Subsection (b), if Section 111.046 does not apply, the hearings
  examiner shall hold a hearing on the application at the proposed
  location, date, and time specified in the notice provided under
  Section 111.042(c).
         (b)  If the applicant publishes the newspaper notice
  required by Section 111.043(a)(1) for two consecutive weeks the
  last day of which falls on a day that is less than 21 days before the
  proposed hearing date specified in the notice provided under
  Section 111.042(c), the hearings examiner shall hold the hearing on
  a date that is at least 21 days after the last day of the newspaper
  publication.
         (c)  The commission shall provide notice of the hearing
  location, date, and time to the applicant and each person who filed
  a protest under Section 111.044.
         (d)  The purpose of the hearing is to determine whether the
  applicant is a common carrier, as defined by the laws of this state,
  and not to determine the route of the proposed pipeline.
         Sec. 111.048.  PERMIT; PROPOSAL FOR DECISION; COMMISSION
  ORDER. (a)  The commission may approve an application and issue a
  permit to the applicant to operate in this state as a common carrier
  if the commission finds after administrative review or a hearing
  that the applicant is a common carrier, as defined by the laws of
  this state.
         (b)  For an application reviewed by a hearings examiner
  without a hearing as authorized by Section 111.046, not later than
  the 40th day after the last day of the newspaper publication
  required by Section 111.043(a)(1):
               (1)  the hearings examiner shall issue to the
  commission a recommended order containing findings of fact and
  conclusions of law; and
               (2)  the commission shall issue an order approving or
  denying the application.
         (c)  For an application for which a hearings examiner holds a
  hearing under Section 111.047, not later than the 40th day after the
  last day of the hearing:
               (1)  the hearings examiner shall issue to the
  commission a proposal for decision containing findings of fact and
  conclusions of law; and
               (2)  the commission shall issue an order approving or
  denying the application.
         (d)  A commission order issued under this section must
  include:
               (1)  a statement of findings of fact that includes the
  substance of the evidence presented at the hearing, if a hearing was
  held; and
               (2)  conclusions of law that support the decision.
         (e)  The commission may adopt, wholly or partly, or modify
  the findings of fact and conclusions of law in the proposal for
  decision.
         (f)  A person may appeal a commission order issued under
  Subsection (b)(2) of this section in the manner provided by
  Subchapter G, Chapter 2001, Government Code.
         Sec. 111.049.  COMMISSION AUTHORITY TO EXTEND DEADLINES.
  The commission may extend a deadline prescribed by Section 111.044,
  111.046, 111.047, or 111.048 for good cause.
         Sec. 111.050.  RULES. The commission may adopt rules as
  necessary to implement this subchapter.
         SECTION 3.  The changes in law made by this Act relating to a
  permit to operate a pipeline apply only to a permit the application
  for which is filed with the Railroad Commission of Texas on or after
  the effective date of this Act. A permit the application for which
  was filed before the effective date of this Act is governed by the
  law in effect on the date the application was filed, and the former
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.