86R2567 BRG-D
 
  By: Anchia H.B. No. 864
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to pipeline incident reporting requirements for gas
  pipeline operators; clarifying changes to related administrative
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 121.206(a) and (d), Utilities Code, are
  amended to read as follows:
         (a)  The railroad commission may assess an administrative
  penalty against a person who violates Section 121.201 or a safety
  standard or other rule prescribed or adopted under this subchapter
  [that section].
         (d)  The railroad commission by rule shall adopt guidelines
  to be used in determining the amount of a penalty under this
  subchapter. The guidelines shall include a penalty calculation
  worksheet that specifies the typical penalty for certain
  violations, circumstances justifying enhancement of a penalty and
  the amount of the enhancement, and circumstances justifying a
  reduction in a penalty and the amount of the reduction. The
  guidelines shall take into account:
               (1)  the person's history of previous violations of
  Section 121.201 or a safety standard or other rule prescribed or
  adopted under this subchapter [that section], including the number
  of previous violations;
               (2)  the seriousness of the violation and of any
  pollution resulting from the violation;
               (3)  any hazard to the health or safety of the public;
               (4)  the degree of culpability;
               (5)  the demonstrated good faith of the person charged;
  and
               (6)  any other factor the commission considers
  relevant.
         SECTION 2.  Subchapter E, Chapter 121, Utilities Code, is
  amended by adding Section 121.215 to read as follows:
         Sec. 121.215.  PIPELINE INCIDENT REPORTING. (a) In this
  section, "pipeline incident" means an event involving a release of
  gas from a pipeline that results in one or more of the following
  consequences:
               (1)  a death or a personal injury necessitating
  in-patient hospitalization;
               (2)  estimated property damage of $50,000 or more,
  including loss to the operator, loss to others, or both, but
  excluding cost of gas lost; or
               (3)  unintentional estimated gas loss of three million
  cubic feet or more.
         (b)  The railroad commission by rule shall require a
  distribution gas pipeline facility operator to provide the
  following information to the commission after a pipeline incident:
               (1)  the pipeline operator's name and telephone number;
               (2)  the location of the incident;
               (3)  the time of the incident;
               (4)  the fatalities and personal injuries caused by the
  incident;
               (5)  the telephone number of the operator's on-site
  person;
               (6)  the cost of gas lost;
               (7)  estimated property damage to the operator and
  others; and
               (8)  any other significant facts relevant to the
  incident, including facts related to ignition, explosion,
  rerouting of traffic, evacuation of a building, and media interest.
         SECTION 3.  The Railroad Commission of Texas shall adopt the
  rules required by Section 121.215, Utilities Code, as added by this
  Act, not later than December 31, 2019.
         SECTION 4.  This Act takes effect September 1, 2019.