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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 and |
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the Public Utility Commission of Texas to address a failure by an |
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operator to maintain an electrical power line serving a well site or |
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certain surface facilities in accordance with the National |
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Electrical Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.019, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.019. STANDARDS FOR CONSTRUCTION, OPERATION, AND |
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MAINTENANCE OF ELECTRICAL POWER LINES. (a) An operator shall |
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construct, operate, and maintain: |
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(1) an electrical power line serving a well site or |
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other surface facility employed in operations incident to oil and |
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gas development and production in accordance with the National |
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Electrical Code published by the National Fire Protection |
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Association and adopted by the Texas Commission of Licensing and |
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Regulation under Chapter 1305, Occupations Code; and |
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(2) electrical power line poles in a manner that |
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ensures the prevention and remediation of any readily observable |
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deficiencies, including damage, deterioration, leaning, or |
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cracking. |
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(b) If a landowner or lessee discovers a condition involving |
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an electrical power line, pole, or any other related electrical |
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equipment that does not meet the standards described by Subsection |
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(a), the landowner or lessee shall provide written notice of the |
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condition to the commission. |
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(c) If, during an inspection by the commission of a well |
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site or surface facility employed in operations incident to oil and |
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gas development and production or on the receipt of a written notice |
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submitted by a landowner or lessee, the commission discovers a |
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readily observable condition involving an electrical power line, |
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pole, or any other related electrical equipment that does not meet |
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the standards described by Subsection (a) and poses a risk of |
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causing a fire or injury to a person, the commission shall, not |
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later than three days after the discovery of the condition, notify |
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the Public Utility Commission of Texas and the operator. The |
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notification provided by the commission must include a description |
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of the condition and whether the well is abandoned. |
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(d) The commission shall notify the landowner of the |
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condition and inform the landowner of the actions the commission |
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and the Public Utility Commission of Texas will take or have taken |
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to resolve the condition not later than: |
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(1) the 10th day after the date the commission |
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discovers the condition; or |
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(2) the 30th day after the date the commission |
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discovers the condition, if the commission does not have the |
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landowner's contact information at the time of the discovery. |
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(e) Not later than the 10th day after the date on which the |
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commission discovers the condition, the commission and the Public |
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Utility Commission of Texas shall resolve the condition by: |
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(1) requesting that the state fire marshal or a local |
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government authority inspect the condition at the well site or |
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surface facility and requiring the operator to mitigate any |
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dangerous conditions identified by the state fire marshal or local |
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government authority; |
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(2) requesting that the electric cooperative, |
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electric utility, or municipally owned utility that provides |
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electric service to the well site or surface facility disconnect |
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electric service to the well site or surface facility at the common |
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coupling point at which the cooperative's or utility's equipment |
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meets customer-owned equipment; or |
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(3) taking any other action the commission and the |
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Public Utility Commission of Texas consider necessary and |
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appropriate to resolve the condition. |
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(f) If electric service was disconnected pursuant to a |
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request made under Subsection (e)(2), the electric cooperative, |
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electric utility, or municipally owned utility must restore |
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electric service to the well site or surface facility on receipt of |
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notice by the commission that the condition has been resolved. |
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(g) Members, employees, and agents of the commission may |
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enter public or private property only as necessary for purposes of |
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conducting an inspection under this section. |
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SECTION 2. Section 91.019, Natural Resources Code, as |
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amended by this Act, applies only to an inspection that occurs on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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