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A BILL TO BE ENTITLED
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AN ACT
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relating to the pipeline transport and geologic storage of certain |
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substances under the jurisdiction of the Railroad Commission of |
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Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 117.012, Natural Resources Code, is |
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amended by adding Subsection (j) to read as follows: |
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(j) If a facility response plan described by Subsection (d) |
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or (e), a discharge prevention and response plan described by |
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Subsection (f), or a community liaison activity conducted with |
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fire, police, or other public emergency response officials for a |
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hazardous liquid or carbon dioxide pipeline facility indicates that |
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the appropriate emergency response officials are inadequately |
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equipped to satisfactorily respond to a worst case discharge from |
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the facility of hazardous liquids or carbon dioxide or to a |
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substantial threat of such a discharge from the facility that could |
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reasonably be expected to cause substantial harm to the |
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environment, the commission shall require the operator of the |
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facility to pay to each appropriate emergency response entity an |
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amount necessary to enable the entity to satisfactorily respond to |
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such a discharge or threat of discharge from the facility. A |
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payment made under this subsection: |
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(1) shall be deposited to a restricted fund under the |
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control of the governing body that is responsible for the budget of |
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the emergency response entity; and |
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(2) may be used only to obtain equipment or training |
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necessary for the emergency response entity to satisfactorily |
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respond to a discharge or threat described by this subsection. |
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SECTION 2. Subchapter C-1, Chapter 27, Water Code, is |
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amended by adding Section 27.0445 to read as follows: |
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Sec. 27.0445. FACILITY RESPONSE PLAN; FEE. (a) An |
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applicant for a permit under this subchapter shall prepare and |
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submit for railroad commission approval a facility response plan |
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that includes plans for responding, to the maximum extent |
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practicable, to a worst case failure at the well or facility and to |
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a substantial threat of a discharge of anthropogenic carbon dioxide |
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that could reasonably be expected to cause substantial harm to the |
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environment. |
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(b) In preparing the plan described by Subsection (a), the |
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applicant shall communicate and conduct liaison activities with |
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fire, police, and other appropriate public emergency response |
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officials in the area where the well or facility is proposed to be |
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located to assess the officials' preparedness to respond to a |
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discharge or threat described by Subsection (a). |
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(c) If a facility response plan described by Subsection (a) |
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or a community liaison activity described by Subsection (b) |
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indicates that the appropriate emergency response officials are |
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inadequately equipped to satisfactorily respond to a discharge or |
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threat described by Subsection (a), the railroad commission shall |
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require the applicant to pay to each appropriate emergency response |
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entity an amount necessary to enable the entity to satisfactorily |
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respond to a discharge or threat described by Subsection (a). A |
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payment made under this subsection: |
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(1) shall be deposited to a restricted fund under the |
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control of the governing body that is responsible for the budget of |
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the emergency response entity; and |
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(2) may be used only to obtain equipment or training |
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necessary for the emergency response entity to satisfactorily |
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respond to a discharge or threat described by Subsection (a). |
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SECTION 3. (a) Not later than March 1, 2026, the Railroad |
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Commission of Texas shall adopt any rules necessary to implement |
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Section 117.012(j), Natural Resources Code, and Section 27.0445, |
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Water Code, as added by this Act. |
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(b) Section 27.0445, Water Code, as added by this Act, |
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applies only to a permit application submitted to the Railroad |
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Commission of Texas on or after the effective date of the applicable |
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rules adopted under Subsection (a) of this section. A permit |
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application submitted before the effective date of the applicable |
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rules adopted under Subsection (a) of this section is governed by |
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the law in effect when the permit application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |