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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit by the Railroad Commission of |
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Texas for the routing of certain oil or gas pipelines; establishing |
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a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 121, Utilities Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. OIL OR GAS PIPELINE ROUTE PERMITS |
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Sec. 121.551. DEFINITION. In this subchapter, "commission" |
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means the Railroad Commission of Texas. |
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Sec. 121.552. APPLICABILITY. (a) This chapter applies |
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only to a pipeline that transports gas or petroleum and is owned, |
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operated, or managed by: |
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(1) a gas corporation described by Chapter 181; or |
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(2) a common carrier described by Section 111.002, |
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Natural Resources Code. |
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(b) This chapter does not apply to a pipeline: |
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(1) the routing of which is subject solely to the |
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jurisdiction of a federal agency; |
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(2) that is a gas distribution pipeline facility; or |
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(3) that is a sour gas pipeline facility, as defined by |
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Section 121.451. |
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Sec. 121.553. ROUTE PERMIT; MANDAMUS. (a) A person may |
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not begin construction of a pipeline before the person obtains a |
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permit from the commission authorizing the route of the pipeline. |
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(b) The commission may approve an application and grant a |
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permit only if the commission determines that the route of the |
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pipeline is reasonable and that it moderates the negative effects |
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on affected communities and landowners after consideration of all |
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relevant factors, including: |
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(1) community values; |
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(2) recreational and park areas; |
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(3) historical and aesthetic values; and |
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(4) environmental integrity. |
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(c) The commission may: |
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(1) grant the permit as requested; |
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(2) grant the permit for the construction of a portion |
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of the requested pipeline; or |
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(3) deny the permit. |
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(d) The commission must grant or deny a permit not later |
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than the first anniversary of the date the application for the |
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permit is filed. If the commission does not grant or deny the |
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permit on or before that date, the applicant may seek a writ of |
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mandamus in a district court of Travis County to compel the |
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commission to take action under Subsection (c). |
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Sec. 121.554. NOTICE OF PIPELINE ROUTE. (a) Before filing |
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an application under this subchapter, a person seeking a permit |
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authorizing the route of a pipeline must: |
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(1) publish, in a conspicuous form and place, notice |
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to the public of the proposed route for the pipeline once each week |
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for four successive weeks in a newspaper having general circulation |
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in each county containing territory affected by the route; and |
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(2) mail notice of the proposed route to any other |
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affected person, as determined by commission rule. |
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(b) The commission shall adopt rules concerning the public |
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notice required by Subsection (a). |
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(c) The commission may not grant an application for a permit |
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authorized by this subchapter if the public notice required by |
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Subsection (a) has not been completed. |
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Sec. 121.555. CONTESTED CASES. The commission shall |
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provide for contested case hearings concerning the granting, |
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partial granting, or denial of a permit authorizing the route of a |
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pipeline. The commission shall ensure that affected parties have |
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an opportunity to intervene in and present evidence and argument in |
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a hearing under this section. |
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Sec. 121.556. ADMINISTRATIVE REVIEW. (a) The commission |
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may approve an application for a permit authorizing the route of a |
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pipeline without a hearing if: |
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(1) at least 60 days have passed since the completion |
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of all notice requirements under Section 121.554(a); |
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(2) the matter is uncontested or has been fully |
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stipulated so that there are no issues of material fact or law |
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disputed by any party; and |
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(3) the commission finds that: |
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(A) no hearing is necessary; and |
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(B) administrative review is warranted. |
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(b) Nothing in this section shall be construed to alter any |
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notice requirement imposed on any proceeding by statute, rule, or |
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order. |
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(c) Nothing in this section shall be construed to alter any |
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time limit imposed on any proceeding by a statute, rule, or order. |
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Sec. 121.557. PIPELINE ROUTE AND REGULATORY FEES. The |
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commission shall by rule adopt a fee to be assessed on a person |
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seeking a permit authorized by this subchapter to defray the costs |
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associated with the review and approval of routing applications. |
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SECTION 2. The Railroad Commission of Texas shall adopt the |
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rules necessary to implement Subchapter K, Chapter 121, Utilities |
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Code, as added by this Act, not later than January 1, 2020. |
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SECTION 3. This Act takes effect September 1, 2019. |