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