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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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enforce requirements for the prevention of damage to interstate and |
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intrastate underground facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 251, Utilities Code, is |
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amended by adding Section 251.0021 to read as follows: |
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Sec. 251.0021. RAILROAD COMMISSION AUTHORITY. (a) For the |
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purposes of 49 U.S.C. Section 60101 et seq., the Railroad |
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Commission of Texas is responsible for statewide enforcement of |
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this state's requirements for the prevention of damage to |
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interstate and intrastate underground facilities, as authorized |
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under Section 756.126, Health and Safety Code, Section 117.012, |
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Natural Resources Code, and Section 121.201, Utilities Code. |
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(b) The authority described in Subsection (a) is in addition |
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to the authority granted to county attorneys, district attorneys, |
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and the board of directors of the corporation under Subchapter E. |
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SECTION 2. Section 756.126, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The |
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Railroad Commission of Texas shall adopt and enforce rules |
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prescribing safety standards and best practices, including those |
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described by 49 U.S.C. Section 6105 et seq., relating to the |
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prevention of damage by a person to a facility, including an |
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interstate or intrastate pipeline facility, under the jurisdiction |
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of the commission. |
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SECTION 3. Section 117.012, Natural Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) The commission shall adopt rules that include: |
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(1) safety standards 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; and |
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(2) [, including] safety standards related to the |
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prevention of damage to interstate and intrastate hazardous liquid |
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or carbon dioxide pipeline facilities [such a facility] resulting |
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from the movement of earth by a person in the vicinity of such a |
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[the] facility, other than movement by tillage that does not exceed |
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a depth of 16 inches. |
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(a-1) Rules adopted under Subsection (a) [this subsection] |
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that apply to the intrastate transportation of hazardous liquids |
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and carbon dioxide by gathering pipelines in rural locations and |
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intrastate hazardous liquid and carbon dioxide gathering pipeline |
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facilities in rural locations must be based only on the risks the |
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transportation and the facilities present to the public safety, |
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except that the commission shall revise the rules as necessary to |
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comply with Subsection (c) and to maintain the maximum degree of |
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federal delegation permissible under 49 U.S.C. Section 60101 et |
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seq., or a succeeding law, if the federal government adopts rules |
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that include safety standards applicable to the transportation and |
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facilities. |
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SECTION 4. Section 121.201(a), Utilities Code, is amended |
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to read as follows: |
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(a) The railroad commission may: |
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(1) by rule prescribe or adopt safety standards for |
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the transportation of gas and for gas pipeline facilities, |
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including safety standards related to the prevention of damage to |
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an interstate or intrastate gas pipeline [such a] facility |
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resulting from the movement of earth by a person in the vicinity of |
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the facility, other than movement by tillage that does not exceed a |
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depth of 16 inches; |
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(2) by rule require an operator that does not file |
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operator organization information under Section 91.142, Natural |
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Resources Code, to provide the information to the commission in the |
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form of an application; |
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(3) by rule require record maintenance and reports; |
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(4) inspect records and facilities to determine |
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compliance with safety standards prescribed or adopted under |
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Subdivision (1); |
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(5) make certifications and reports from time to time; |
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(6) seek designation by the United States secretary of |
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transportation as an agent to conduct safety inspections of |
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interstate gas pipeline facilities located in this state; |
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(7) by rule take any other requisite action in |
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accordance with 49 U.S.C. Section 60101 et seq. and its subsequent |
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amendments or a succeeding law; and |
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(8) by rule establish safety standards and practices |
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for gathering facilities and transportation activities in Class 1 |
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locations, as defined by 49 C.F.R. Section 192.5: |
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(A) based only on the risks the facilities and |
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activities present to the public safety, to the extent consistent |
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with federal law; or |
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(B) as necessary to maintain the maximum degree |
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of federal delegation permissible under 49 U.S.C. Section 60101 et |
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seq., or a succeeding law, if the federal government adopts safety |
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standards and practices for gathering facilities and |
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transportation activities in Class 1 locations, as defined by 49 |
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C.F.R. Section 192.5. |
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SECTION 5. This Act takes effect September 1, 2017. |