Texas 2009 - 81st Regular

Texas House Bill HB2572 Compare Versions

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Old	New	Differences
1	1	H.B. No. 2572
2	2
3	3
4	4	AN ACT
5	5	relating to the authority of a gas corporation to use a public
6	6	right-of-way.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 121.2025(a), Utilities Code, is amended
9	9	to read as follows:
10	10	(a) Except as otherwise provided by this section or Section
11	11	182.025, Tax Code, a municipality may not assess a charge for the
12	12	placement, construction, maintenance, repair, replacement,
13	13	operation, use, relocation, or removal of a gas pipeline facility
14	14	on, along, under, or across a public road, highway, street, alley,
15	15	stream, canal, or other public way.
16	16	SECTION 2. Section 181.005, Utilities Code, is amended to
17	17	read as follows:
18	18	Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. (a) A
19	19	gas corporation has the right to lay and maintain lines over, along,
20	20	under, and across a public road, a railroad, railroad right-of-way,
21	21	an interurban railroad, a street railroad, a canal or stream, or a
22	22	municipal street or alley only if:
23	23	(1) the pipeline complies with:
24	24	(A) all safety regulations adopted by the
25	25	Railroad Commission of Texas and all federal regulations relating
26	26	to pipeline facilities and pipelines; and
27	27	(B) all rules adopted by the Texas Department of
28	28	Transportation or the Railroad Commission of Texas and all federal
29	29	regulations regarding the accommodation of utility facilities on a
30	30	right-of-way, including regulations relating to the horizontal or
31	31	vertical placement of the pipeline; and
32	32	(2) the owner or operator of the pipeline ensures that
33	33	the public right-of-way and any associated facility are promptly
34	34	restored to their former condition of usefulness after the
35	35	installation or maintenance of the pipeline.
36	36	(b) The right granted by Subsection (a) relating to the use
37	37	of a municipal street or alley is subject to the payment of charges
38	38	in accordance with Section 121.2025 of this code and Sections
39	39	182.025 and 182.026, Tax Code.
40	40	(c) In determining the route of a pipeline within a
41	41	municipality, a gas corporation shall consider using existing
42	42	easements and public rights-of-way, including streets, roads,
43	43	highways, and utility rights-of-way. In deciding whether to use a
44	44	public easement or right-of-way, the gas corporation shall consider
45	45	whether:
46	46	(1) the use is economically practicable;
47	47	(2) adequate space exists; and
48	48	(3) the use will violate, or cause the violation of any
49	49	pipeline safety regulations.
50	50	(d) The Texas Department of Transportation may require the
51	51	owner or operator of a pipeline to relocate the pipeline:
52	52	(1) at the expense of the owner or operator of the
53	53	pipeline, if the pipeline is located on a right-of-way of the state
54	54	highway system;
55	55	(2) at the expense of this state, if the pipeline is
56	56	located on property in which the owner or operator of the pipeline
57	57	has a private interest; or
58	58	(3) in accordance with Section 203.092,
59	59	Transportation Code, at the expense of this state, if the pipeline
60	60	is owned or operated by a gas utility as defined by Section 181.021
61	61	of this code or a common carrier as defined by Chapter 111, Natural
62	62	Resources Code.
63	63	(e) Rules adopted by the Texas Department of Transportation
64	64	regarding horizontal and vertical placement of pipelines must be
65	65	reasonable and, for rights-of-way of the state highway system, must
66	66	provide an appeals process through the Texas Department of
67	67	Transportation.
68	68	SECTION 3. This Act takes effect immediately if it receives
69	69	a vote of two-thirds of all the members elected to each house, as
70	70	provided by Section 39, Article III, Texas Constitution. If this
71	71	Act does not receive the vote necessary for immediate effect, this
72	72	Act takes effect September 1, 2009.
73	73	______________________________ ______________________________
74	74	President of the Senate Speaker of the House
75	75	I certify that H.B. No. 2572 was passed by the House on April
76	76	28, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
77	77	voting; and that the House concurred in Senate amendments to H.B.
78	78	No. 2572 on May 25, 2009, by the following vote: Yeas 146, Nays 0,
79	79	1 present, not voting.
80	80	______________________________
81	81	Chief Clerk of the House
82	82	I certify that H.B. No. 2572 was passed by the Senate, with
83	83	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
84	84	0.
85	85	______________________________
86	86	Secretary of the Senate
87	87	APPROVED: __________________
88	88	Date
89	89	__________________
90	90	Governor