Amend CSSB 34 (senate committee printing) in SECTION 5 of the bill by striking amended Section 91.019, Natural Resources Code (page 3, lines 20-47), and substituting the following:
Sec. 91.019. STANDARDS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRICAL POWER LINES. (a) An operator shall construct, operate, and maintain an electrical power line serving a well site or other surface facility employed in operations incident to oil and gas development and production in accordance with:
(1) the National Electrical Code published by the National Fire Protection Association and adopted by the Texas Commission of Licensing and Regulation under Chapter 1305, Occupations Code; or
(2) for a utility, as that term is defined by Section 11.004, Utilities Code, that is engaged in the maintenance of an electric transmission and distribution system, relevant rules adopted by the Public Utility Commission of Texas.
(b) If, during an inspection by the commission of a well site or surface facility employed in operations incident to oil and gas development and production or on the receipt of a written notice submitted by a landowner or lessee, the commission discovers a condition involving an electrical power line, pole, or other related electrical equipment that does not meet the standards described by Subsection (a) and poses a risk of causing a fire or injury to a person, the commission shall, not later than three days after the date the commission discovers or receives notice of the condition, notify the Public Utility Commission of Texas and the operator. The notice by the commission must include a description of the condition and, if the condition was discovered at a well site, whether the well is abandoned. To resolve the condition, the commission and the Public Utility Commission of Texas, in collaboration, shall, not later than 10 days after the date the commission notifies the Public Utility Commission of Texas:
(1) notify the landowner of the property of the conditions and the actions taken by the commission and the Public Utility Commission of Texas to resolve the condition; and
(2) request:
(A) that the state fire marshal or a local government authority inspect the condition at the well site or surface facility and require the operator to mitigate any dangerous conditions identified by the state fire marshal or local government authority; or
(B) that the electric utility providing electric power to the well site or surface facility investigate the condition and disconnect electric power at the point of common coupling meter point, if necessary.
(c) If electric power to a well site or surface facility is disconnected by an electric utility in response to a request made under Subsection (b)(2)(B), the electric utility shall restore electric power to the site or facility on receipt of a notice by the commission that the condition is resolved.