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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Railroad Commission of Texas to |
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determine whether a person who owns, operates, or manages a |
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pipeline is a common carrier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 111, Natural Resources Code, is amended |
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by adding Subchapter K to read as follows: |
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SUBCHAPTER K. COMMON CARRIER DETERMINATION |
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Sec. 111.441. COMMON CARRIER. (a) No pipeline or |
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gathering system may be represented to be a common carrier under |
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Section 111.002 without a permit issued by the commission under |
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this subchapter. |
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(b) The commission has exclusive jurisdiction to determine |
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whether a person is a common carrier under Section 111.002. |
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Sec. 111.442. APPLICATION. (a) A party wanting to obtain |
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a permit under this subchapter must submit an application to the |
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commission. |
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(b) Application shall be made on a form specified by the |
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commission and shall include evidence required by the commission to |
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show that the applicant qualifies as a common carrier under Section |
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111.002. |
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Sec. 111.443. NOTICE. (a) For permits requested under |
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this subchapter, the applicant shall give notice by: |
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(1) publishing notice of the application and a map of |
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the proposed route of the pipeline on the Internet; |
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(2) publishing notice of the application for two |
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consecutive weeks in a newspaper having general circulation in each |
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county containing territory affected by the proposed pipeline; |
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(3) mailing notice of the application to all |
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landowners along the proposed route of the pipeline; and |
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(4) mailing or delivering notice of the application to |
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each affected county and municipality along the proposed route of |
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the pipeline. |
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(b) Proof of publication and affidavits attesting to the |
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notice requirements must be filed with the commission. |
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(c) At a minimum, the notice must include: |
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(1) a description of the point of origin and point of |
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destination of the pipeline; |
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(2) a list of the counties and municipalities in which |
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the pipeline is proposed to be located; |
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(3) the Internet address required under Subsection |
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(a); and |
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(4) a description of the procedure for protesting the |
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request, including the deadline provided under Section 111.444. |
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Sec. 111.444. PROTESTS. (a) A landowner, county, |
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municipality, or commission staff may file a protest with the |
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commission. |
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(b) All protests must be filed not later than the 20th day |
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after the date of notice under Section 111.443. |
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Sec. 111.445. HEARING. (a) The commission shall set a |
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date, time, and place for a hearing not later than the seventh day |
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after the protest deadline date provided under Section 111.444. |
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(b) The hearing shall be held not earlier than the 30th day |
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and not later than the 45th day after the protest deadline date. |
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(c) The commission shall serve notice of the hearing date, |
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time, and place to the applicant and to all parties filing protests. |
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Sec. 111.446. ADMINISTRATIVE REVIEW. An application under |
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this subchapter may be approved by a hearings examiner without a |
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hearing under the following conditions: |
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(1) at least 30 days have passed since the completion |
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of all notice requirements; |
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(2) no party has filed a protest with the commission; |
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(3) the commission staff has reviewed the application |
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and has stipulated that there are no disputed issues of fact or law; |
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and |
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(4) the hearings examiner finds that no hearing is |
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necessary and that administrative review is warranted. |
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Sec. 111.447. PROPOSAL FOR DECISION; COMMISSION ORDER. |
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(a) Not later than the 20th day after the date of the hearing |
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conducted under Section 111.445 or a determination of |
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administrative review under Section 111.446, the hearings examiner |
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shall issue a proposal for decision containing findings of fact and |
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conclusions of law. The proposal for decision shall be served on |
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each commissioner and all parties. |
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(b) The commission shall issue an order on the application |
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not later than the 30th day after receipt of the proposal for |
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decision. The order must 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; and |
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(2) the conclusions of law that support the |
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determination. |
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(c) The commission may approve an application and grant a |
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permit only if the commission finds that the applicant qualifies as |
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a common carrier under Section 111.002. |
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(d) The commission may adopt, in whole or in part, or modify |
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the findings of fact and conclusions of law contained in the |
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proposal for decision. The commission may also remand the |
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application for hearing or additional proceedings. |
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(e) Motions for rehearing and judicial review of a |
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commission order issued under this subchapter are governed by |
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Subchapters F and G, Chapter 2001, Government Code. |
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Sec. 111.448. RULES. The commission may adopt rules as |
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necessary to implement this subchapter. |
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SECTION 2. 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 3. This Act takes effect September 1, 2013. |