81R24974 SMH-D
By: Burnam, Truitt H.B. No. 1537
Substitute the following for H.B. No. 1537:
By: Gonzalez Toureilles C.S.H.B. No. 1537
A BILL TO BE ENTITLED
AN ACT
relating to safety requirements applicable to gas pipelines in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.2017 to read as follows:
Sec. 121.2017. SAFETY REQUIREMENTS FOR CERTAIN PORTIONS OF
PIPELINES IN CERTAIN POPULOUS COUNTIES. (a) This section applies
only to that portion of a gas pipeline that is located or proposed
to be located in:
(1) a Class 3 or 4 location as defined by 49 C.F.R.
Section 192.5; and
(2) a county that is located wholly or partly above a
hydrocarbon-producing geological formation in which during the
preceding year the railroad commission issued more than 1,500
drilling permits authorizing gas wells to be completed.
(b) A gathering pipeline may not be constructed within 30
feet of an established permanent structure that is used by human
beings on a regular basis unless:
(1) the owner of the structure consents in writing to
the construction of the pipeline; or
(2) the pipeline meets enhanced safety requirements in
its design, construction, and operation as determined by the
railroad commission.
(b-1) A transmission pipeline may not be constructed within
50 feet of an established permanent structure that is used by human
beings on a regular basis unless:
(1) the owner of the structure consents in writing to
the construction of the pipeline; or
(2) the pipeline meets enhanced safety requirements in
its design, construction, and operation as determined by the
railroad commission.
(c) A gathering pipeline must use advanced leak detection
measures as determined by the railroad commission.
(d) The pipe used in a gathering or transmission pipeline
must be constructed of materials that meet the requirements of 49
C.F.R. Part 192.
(e) A gathering or transmission pipeline must be protected
from external corrosion in the manner required by 49 C.F.R. Part
192.
(f) A pipeline integrity assessment by in-line inspection,
a pressure test, or a direct assessment as defined by railroad
commission rules of a gathering pipeline must be conducted every
five years.
(g) The railroad commission shall adopt rules to implement
this section.
(h) This section and railroad commission rules adopted to
implement this section shall be enforced in the same manner as
Section 121.201 and safety standards or other rules prescribed or
adopted under that section.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the Railroad Commission of Texas shall adopt rules
to implement Section 121.2017, Utilities Code, as added by this
Act.
(b) Sections 121.2017(b)-(d), Utilities Code, as added by
this Act, apply only to a pipeline constructed on or after the
effective date of this Act.
(c) A pipeline subject to this Act that is in existence on
the effective date of this Act is not required to be brought into
compliance with Sections 121.2017(e) and (f), Utilities Code, as
added by this Act, until February 4, 2012.
SECTION 3. This Act takes effect January 1, 2010.