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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation, removal, and replacement of certain |
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gas pipelines; clarifying changes to related administrative |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 121.206(a) and (d), Utilities Code, are |
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amended to read as follows: |
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(a) The railroad commission may assess an administrative |
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penalty against a person who violates Section 121.201 or a safety |
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standard or other rule prescribed or adopted under this subchapter |
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[that section]. |
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(d) The railroad commission by rule shall adopt guidelines |
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to be used in determining the amount of a penalty under this |
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subchapter. The guidelines shall include a penalty calculation |
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worksheet that specifies the typical penalty for certain |
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violations, circumstances justifying enhancement of a penalty and |
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the amount of the enhancement, and circumstances justifying a |
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reduction in a penalty and the amount of the reduction. The |
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guidelines shall take into account: |
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(1) the person's history of previous violations of |
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Section 121.201 or a safety standard or other rule prescribed or |
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adopted under this subchapter [that section], including the number |
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of previous violations; |
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(2) the seriousness of the violation and of any |
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pollution resulting from the violation; |
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(3) any hazard to the health or safety of the public; |
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(4) the degree of culpability; |
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(5) the demonstrated good faith of the person charged; |
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and |
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(6) any other factor the commission considers |
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relevant. |
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SECTION 2. Subchapter E, Chapter 121, Utilities Code, is |
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amended by adding Section 121.213 to read as follows: |
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Sec. 121.213. INSTALLATION, REMOVAL, AND REPLACEMENT OF |
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CERTAIN PIPELINES. (a) In this section, "distribution gas |
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pipeline facility" means a pipeline facility that distributes |
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natural gas directly to end-use customers. |
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(b) A distribution gas pipeline facility operator may not |
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install as part of the operator's underground system a cast iron, |
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wrought iron, or bare steel pipeline. |
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(c) The railroad commission by rule shall require the |
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operator of a distribution gas pipeline facility system to: |
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(1) develop and implement a risk-based program for the |
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removal or replacement of underground distribution gas pipeline |
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facilities; and |
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(2) annually remove or replace at least eight percent |
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of underground distribution gas pipeline facilities posing the |
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greatest risk in the system and identified for replacement under |
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the program. |
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(d) A distribution gas pipeline facility operator shall |
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replace any known cast iron pipelines installed as part of the |
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operator's underground system not later than December 31, 2021. |
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(e) Subsection (d) and this subsection expire September 1, |
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2023. |
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SECTION 3. The Railroad Commission of Texas shall adopt any |
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rules necessary to implement the changes in law made by this Act not |
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later than December 31, 2019. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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* * * * * |