Texas 2009 - 81st Regular

Texas House Bill HB1535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5154 TRH-D
2	2	By: Burnam H.B. No. 1535
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirement that gas corporations obtain a permit
8	8	from the Railroad Commission of Texas before condemning property to
9	9	construct certain gas pipelines.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 181, Utilities Code, is
12	12	amended by adding Sections 181.0045, 181.0046, 181.0047, 181.0048,
13	13	and 181.0049 to read as follows:
14	14	Sec. 181.0045. RAILROAD COMMISSION PERMIT FOR CERTAIN GAS
15	15	PIPELINES. (a) For purposes of this section, "interested person"
16	16	includes:
17	17	(1) a person who:
18	18	(A) owns property that may be condemned under
19	19	Section 181.004;
20	20	(B) owns property adjacent to property that may
21	21	be condemned under Section 181.004; or
22	22	(C) may be affected adversely by the condemnation
23	23	of property under Section 181.004; and
24	24	(2) any other person as defined by rules adopted by the
25	25	Railroad Commission of Texas.
26	26	(b) This section and Sections 181.0046-181.0049 apply only
27	27	to a gas pipeline proposed to be located in a county that:
28	28	(1) has a population of more than 1.4 million; and
29	29	(2) is located wholly or partly above a
30	30	hydrocarbon-producing geological formation in which during the
31	31	preceding year the Railroad Commission of Texas issued more than
32	32	2,000 drilling permits authorizing gas wells to be completed.
33	33	(c) A gas corporation may not exercise authority under
34	34	Section 181.004 for the purpose of constructing a gas pipeline
35	35	unless the gas corporation applies for and receives a permit from
36	36	the Railroad Commission of Texas that authorizes the pipeline and
37	37	the route of the pipeline.
38	38	(d) An application under Subsection (c) must include a
39	39	description of:
40	40	(1) the proposed route through the county that is
41	41	preferred by the gas corporation;
42	42	(2) at least three alternative routes that the
43	43	pipeline may feasibly take through the county; and
44	44	(3) the results of a study detailing the feasibility
45	45	of using existing public roadway rights-of-way in all proposed
46	46	pipeline routes.
47	47	(e) On written request by any interested person, the
48	48	Railroad Commission of Texas shall provide notice and opportunity
49	49	for hearing on an application under this section. The hearing is a
50	50	contested case hearing under Chapter 2001, Government Code. An
51	51	interested person is entitled to be a party to a hearing under this
52	52	section.
53	53	Sec. 181.0046. FEE FOR GAS PIPELINE PERMIT. (a) On
54	54	application for a gas pipeline permit by a gas corporation under
55	55	Section 181.0045, the commission shall require the gas corporation
56	56	to pay a fee in an amount determined by the commission.
57	57	(b) A fee assessed under Subsection (a) shall be calculated
58	58	according to a formula that takes into consideration the length of
59	59	the gas pipeline proposed in the application.
60	60	Sec. 181.0047. GRANT OR DENIAL OF GAS PIPELINE PERMIT.
61	61	(a) The Railroad Commission of Texas may approve an application
62	62	and grant a permit under Section 181.0045 only if the railroad
63	63	commission finds that the permit is necessary for the service,
64	64	accommodation, convenience, or safety of the public.
65	65	(b) The Railroad Commission of Texas may:
66	66	(1) grant the permit as requested;
67	67	(2) grant the permit for the construction of a portion
68	68	of the requested pipeline; or
69	69	(3) refuse to grant the permit.
70	70	(c) The commission shall grant each permit on a
71	71	nondiscriminatory basis after considering:
72	72	(1) the adequacy of existing pipeline service;
73	73	(2) the need for additional pipeline service;
74	74	(3) the effect of granting the permit on the recipient
75	75	of the permit and any gas corporation serving the proximate area;
76	76	and
77	77	(4) other factors, such as:
78	78	(A) community values;
79	79	(B) recreational and park areas;
80	80	(C) historical and aesthetic values;
81	81	(D) environmental integrity;
82	82	(E) the probable improvement of service or
83	83	lowering of cost to consumers in the area if the permit is granted;
84	84	(F) engineering constraints;
85	85	(G) cost constraints;
86	86	(H) whether the route uses existing compatible
87	87	rights-of-way; and
88	88	(I) whether the route limits the risk of exposure
89	89	to hazards associated with gas pipelines that can be avoided with
90	90	reasonable investments of money and effort.
91	91	Sec. 181.0048. DEADLINE FOR APPLICATION FOR GAS PIPELINE
92	92	PERMIT. The Railroad Commission of Texas must approve or deny an
93	93	application under Section 181.0045 for a permit for a new gas
94	94	pipeline not later than the first anniversary of the date the
95	95	application is filed. If the railroad commission does not approve
96	96	or deny the application on or before that date, a party may seek a
97	97	writ of mandamus in a district court of Travis County to compel the
98	98	railroad commission to decide on the application.
99	99	Sec. 181.0049. REVOCATION OR AMENDMENT OF GAS PIPELINE
100	100	PERMIT. (a) The Railroad Commission of Texas may revoke or amend a
101	101	permit after notice and hearing if the railroad commission finds
102	102	that the permit holder has never provided or is no longer providing
103	103	service in all or any part of the permitted area.
104	104	(b) The Railroad Commission of Texas may require one or more
105	105	gas corporations to provide service in an area affected by the
106	106	revocation or amendment of a permit.
107	107	SECTION 2. The Railroad Commission of Texas shall adopt
108	108	rules consistent with this Act not later than December 1, 2009.
109	109	SECTION 3. The changes in law made by Sections
110	110	181.0045-181.0049, Utilities Code, as added by this Act, apply only
111	111	to the taking of property by eminent domain for which a condemnation
112	112	petition is filed on or after the effective date of this Act. A
113	113	taking for which a condemnation petition is filed before the
114	114	effective date of this Act is governed by the law in effect
115	115	immediately before that date, and that law is continued in effect
116	116	for that purpose.
117	117	SECTION 4. This Act takes effect September 1, 2009.