83R22893 JXC-F
 
  By: Keffer H.B. No. 2982
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the power of the Railroad Commission of Texas to adopt
  and enforce safety standards applicable to the transportation by
  pipeline of hazardous liquids, carbon dioxide, and natural gas in
  rural locations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 117.011, Natural
  Resources Code, is amended to read as follows:
         Sec. 117.011.  JURISDICTION UNDER DELEGATED FEDERAL
  AUTHORITY.
         SECTION 2.  Sections 117.012(a), (b), and (h), Natural
  Resources Code, are amended to read as follows:
         (a)  The commission shall adopt rules that include safety
  standards [for and practices] applicable to the intrastate
  transportation of hazardous liquids or carbon dioxide by pipeline
  and intrastate hazardous liquid or carbon dioxide pipeline
  facilities, including safety standards related to the prevention of
  damage to such a facility resulting from the movement of earth by a
  person in the vicinity of the facility, other than movement by
  tillage that does not exceed a depth of 16 inches. The commission
  may adopt rules under this subsection that apply to the intrastate
  transportation of hazardous liquids and carbon dioxide by gathering
  pipelines in rural locations and intrastate hazardous liquid and
  carbon dioxide gathering pipeline facilities in rural locations
  based only on the risks the transportation and the facilities
  present to the public safety.
         (b)  Rules that adopt safety standards do not apply to
  [movement of hazardous liquids or carbon dioxide through gathering
  lines in rural locations or] production, refining, or manufacturing
  facilities or storage or in-plant piping systems associated with
  any of those facilities.
         (h)  The commission shall require operators of hazardous
  liquid and carbon dioxide pipeline facilities or the [their]
  designated representatives of such operators to communicate and
  conduct liaison activities with fire, police, and other appropriate
  public emergency response officials. The liaison activities must
  be conducted by meetings in person except as provided by this
  section. An operator or the operator's representative may conduct
  required community liaison activities as provided by Subsection (i)
  only if the operator or the operator's representative has made an
  effort, by one of the following methods, to conduct a community
  liaison meeting in person with the officials:
               (1)  mailing a written request for a meeting in person
  to the appropriate officials by certified mail, return receipt
  requested;
               (2)  sending a request for a meeting in person to the
  appropriate officials by facsimile transmission; or
               (3)  making one or more telephone calls or e-mail
  message transmissions to the appropriate officials to request a
  meeting in person.
         SECTION 3.  The heading to Section 121.201, Utilities Code,
  is amended to read as follows:
         Sec. 121.201.  SAFETY RULES;[:] RAILROAD COMMISSION POWER
  UNDER DELEGATED FEDERAL AUTHORITY.
         SECTION 4.  Section 121.201, Utilities Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  To the extent consistent with federal law, the railroad
  commission by rule may establish safety standards and practices for
  gathering facilities and transportation activities in Class 1
  locations, as defined by 49 C.F.R. Section 192.5, based on the risks
  the facilities and activities present to the public safety.
         SECTION 5.  Not later than December 1, 2013, the Railroad
  Commission of Texas shall adopt rules to implement the changes in
  law made by this Act to Chapter 117, Natural Resources Code, and
  Chapter 121, Utilities Code.
         SECTION 6.  Before September 1, 2015, the Railroad
  Commission of Texas may implement the changes in law made by this
  Act to Chapter 117, Natural Resources Code, or Chapter 121,
  Utilities Code, or rules adopted under those chapters, as amended
  by this Act, only to require operators to make reports to the
  commission, including telephonic reports, the commission
  determines are necessary to investigate accidents, leaks,
  incidents, or complaints.
         SECTION 7.  This Act takes effect September 1, 2013.