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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of the Railroad Commission of Texas to adopt |
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and enforce safety standards applicable to the transportation by |
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pipeline of hazardous liquids, carbon dioxide, and natural gas in |
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rural locations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 117.011, Natural |
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Resources Code, is amended to read as follows: |
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Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL |
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AUTHORITY. |
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SECTION 2. Sections 117.012(a), (b), and (h), Natural |
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Resources Code, are amended to read as follows: |
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(a) The commission shall adopt rules that include safety |
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standards [for and practices] applicable to the intrastate |
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transportation of hazardous liquids or carbon dioxide by pipeline |
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and intrastate hazardous liquid or carbon dioxide pipeline |
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facilities, including safety standards related to the prevention of |
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damage to such a facility resulting from the movement of earth by a |
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person in the vicinity of the facility, other than movement by |
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tillage that does not exceed a depth of 16 inches. The commission |
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may adopt rules under this subsection that apply to the intrastate |
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transportation of hazardous liquids and carbon dioxide by gathering |
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pipelines in rural locations and intrastate hazardous liquid and |
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carbon dioxide gathering pipeline facilities in rural locations |
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based only on the risks the transportation and the facilities |
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present to the public safety. |
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(b) Rules that adopt safety standards do not apply to |
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[movement of hazardous liquids or carbon dioxide through gathering
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lines in rural locations or] production, refining, or manufacturing |
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facilities or storage or in-plant piping systems associated with |
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any of those facilities. |
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(h) The commission shall require operators of hazardous |
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liquid and carbon dioxide pipeline facilities or the [their] |
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designated representatives of such operators to communicate and |
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conduct liaison activities with fire, police, and other appropriate |
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public emergency response officials. The liaison activities must |
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be conducted by meetings in person except as provided by this |
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section. An operator or the operator's representative may conduct |
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required community liaison activities as provided by Subsection (i) |
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only if the operator or the operator's representative has made an |
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effort, by one of the following methods, to conduct a community |
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liaison meeting in person with the officials: |
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(1) mailing a written request for a meeting in person |
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to the appropriate officials by certified mail, return receipt |
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requested; |
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(2) sending a request for a meeting in person to the |
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appropriate officials by facsimile transmission; or |
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(3) making one or more telephone calls or e-mail |
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message transmissions to the appropriate officials to request a |
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meeting in person. |
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SECTION 3. The heading to Section 121.201, Utilities Code, |
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is amended to read as follows: |
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Sec. 121.201. SAFETY RULES;[:] RAILROAD COMMISSION POWER |
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UNDER DELEGATED FEDERAL AUTHORITY. |
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SECTION 4. Section 121.201, Utilities Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) To the extent consistent with federal law, the railroad |
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commission by rule may establish safety standards and practices for |
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gathering facilities and transportation activities in Class 1 |
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locations, as defined by 49 C.F.R. Section 192.5, based on the risks |
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the facilities and activities present to the public safety. |
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SECTION 5. Not later than December 1, 2013, the Railroad |
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Commission of Texas shall adopt rules to implement the changes in |
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law made by this Act to Chapter 117, Natural Resources Code, and |
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Chapter 121, Utilities Code. |
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SECTION 6. Before September 1, 2015, the Railroad |
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Commission of Texas may implement the changes in law made by this |
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Act to Chapter 117, Natural Resources Code, or Chapter 121, |
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Utilities Code, or rules adopted under those chapters, as amended |
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by this Act, only to require operators to make reports to the |
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commission, including telephonic reports, the commission |
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determines are necessary to investigate accidents, leaks, |
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incidents, or complaints. |
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SECTION 7. This Act takes effect September 1, 2013. |