| 1 | 1 | | 81R6772 SMH-D |
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| 2 | 2 | | By: Burnam H.B. No. 1538 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain municipalities or counties to |
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| 8 | 8 | | adopt and enforce safety standards applicable to certain gas |
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| 9 | 9 | | pipelines. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 121.202, Utilities Code, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | Sec. 121.202. MUNICIPAL AND COUNTY AUTHORITY IN GENERAL. |
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| 14 | 14 | | SECTION 2. Subchapter E, Chapter 121, Utilities Code, is |
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| 15 | 15 | | amended by adding Section 121.2023 to read as follows: |
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| 16 | 16 | | Sec. 121.2023. MUNICIPAL AND COUNTY AUTHORITY REGARDING |
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| 17 | 17 | | PIPELINES IN CERTAIN POPULOUS COUNTIES. (a) This section applies |
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| 18 | 18 | | only to: |
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| 19 | 19 | | (1) a county that: |
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| 20 | 20 | | (A) has a population of more than 1.4 million; |
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| 21 | 21 | | and |
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| 22 | 22 | | (B) is located wholly or partly above a |
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| 23 | 23 | | hydrocarbon-producing geological formation in which during the |
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| 24 | 24 | | preceding year the Railroad Commission of Texas issued more than |
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| 25 | 25 | | 2,000 drilling permits authorizing gas wells to be completed; and |
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| 26 | 26 | | (2) a municipality that is located wholly or partly in |
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| 27 | 27 | | a county described by Subdivision (1). |
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| 28 | 28 | | (b) Notwithstanding Section 121.202 and to the maximum |
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| 29 | 29 | | degree permissible under 49 U.S.C. Section 60101 et seq. or a |
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| 30 | 30 | | succeeding law, a municipality or county may adopt an ordinance or |
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| 31 | 31 | | order, respectively, that establishes safety standards applicable |
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| 32 | 32 | | to a gas gathering or transmission pipeline located or proposed to |
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| 33 | 33 | | be located in the municipality or county, respectively. |
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| 34 | 34 | | (c) Safety standards adopted by a municipality or county |
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| 35 | 35 | | under this section must be consistent with, and shall be enforced by |
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| 36 | 36 | | the municipality or county in the same manner as, safety standards |
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| 37 | 37 | | adopted by the railroad commission under Section 121.201. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2009. |
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