| 1 | 1 | | By: Crownover, et al. H.B. No. 1526 |
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| 2 | 2 | | COMMITTEE SUBSTITUTE FOR H.B. No. 1526By: Hinojosa By: Hinojosa |
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| 3 | 3 | | (In the Senate - Received from the House May 1, 2009; |
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| 4 | 4 | | May 5, 2009, read first time and referred to Committee on Natural |
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| 5 | 5 | | Resources; May 25, 2009, reported adversely, with favorable |
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| 6 | 6 | | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 7 | 7 | | May 25, 2009, sent to printer.) |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the authority of a common purchaser that transports |
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| 13 | 13 | | natural gas by pipeline to use a public right-of-way for a pipeline. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter D, Chapter 111, Natural Resources |
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| 16 | 16 | | Code, is amended by adding Section 111.0831 to read as follows: |
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| 17 | 17 | | Sec. 111.0831. AUTHORITY OF CERTAIN COMMON PURCHASERS TO |
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| 18 | 18 | | USE PUBLIC RIGHT-OF-WAY FOR PIPELINE. (a) Subject to Section |
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| 19 | 19 | | 121.202, Utilities Code, and Section 182.025, Tax Code, a common |
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| 20 | 20 | | purchaser as defined by Section 111.081(a)(2) has the right to lay, |
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| 21 | 21 | | maintain, and operate a pipeline over, under, across, and along a |
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| 22 | 22 | | public road as provided by this chapter only if: |
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| 23 | 23 | | (1) the pipeline complies with: |
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| 24 | 24 | | (A) all safety regulations adopted by the |
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| 25 | 25 | | commission relating to the pipeline facilities that are subject to |
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| 26 | 26 | | this section; and |
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| 27 | 27 | | (B) all applicable state and county regulations |
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| 28 | 28 | | regarding the placement of a pipeline facility on a right-of-way, |
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| 29 | 29 | | including a regulation on the horizontal placement of the pipeline; |
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| 30 | 30 | | and |
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| 31 | 31 | | (2) the common purchaser ensures that the public road |
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| 32 | 32 | | and any associated facility is promptly restored to its former |
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| 33 | 33 | | condition of usefulness after the installation or maintenance of |
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| 34 | 34 | | the pipeline. |
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| 35 | 35 | | (b) Notwithstanding Section 203.092, Transportation Code, |
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| 36 | 36 | | the Texas Department of Transportation may require the owner or |
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| 37 | 37 | | operator of a common purchaser pipeline to relocate the pipeline: |
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| 38 | 38 | | (1) at the expense of the owner or operator of the |
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| 39 | 39 | | common purchaser pipeline, if the common purchaser pipeline is |
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| 40 | 40 | | located on a right-of-way of the state highway system; or |
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| 41 | 41 | | (2) at the expense of this state, if: |
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| 42 | 42 | | (A) the common purchaser pipeline is located on |
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| 43 | 43 | | property in which the owner or operator of the common purchaser |
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| 44 | 44 | | pipeline has a private property interest; or |
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| 45 | 45 | | (B) the owner or operator of the common purchaser |
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| 46 | 46 | | pipeline is otherwise eligible for reimbursement under the |
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| 47 | 47 | | Transportation Code. |
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| 48 | 48 | | (c) A municipality may charge a fee to the owner or operator |
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| 49 | 49 | | of a common purchaser pipeline for the use of a public road or |
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| 50 | 50 | | municipal street or alley maintained by the municipality. |
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| 51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2009. |
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| 56 | 56 | | * * * * * |
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