By: Davis, et al. S.B. No. 686
(In the Senate - Filed February 5, 2009; February 23, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 14, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 9,
Nays 0; April 14, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 686 By: Davis
A BILL TO BE ENTITLED
AN ACT
relating to the installation, maintenance, or operation of natural
gas pipelines on state highways and highway rights-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 203, Transportation Code,
is amended by adding Section 203.096 to read as follows:
Sec. 203.096. NATURAL GAS PIPELINE IN RIGHT-OF-WAY.
(a) In this section, "gas utility" means:
(1) a gas utility as defined by Section 121.001 or
181.021, Utilities Code; or
(2) a person that:
(A) is a common carrier under Section 111.002,
Natural Resources Code;
(B) is a common purchaser under Section 111.081,
Natural Resources Code; or
(C) owns, manages, operates, leases, or controls
a gas pipeline facility that is subject to Section 121.201,
Utilities Code.
(b) This section applies only to a natural gas pipeline
located or proposed to be located in:
(1) a county in which a part of the Barnett Shale
natural gas field is known to be located;
(2) a county that is located in the boundaries of a
metropolitan planning organization; or
(3) the corporate limits of a municipality.
(c) A gas utility is entitled to lay, maintain, and operate
a natural gas pipeline through, under, along, or across a state
highway, including a controlled access highway, only if:
(1) the pipeline is subject to the jurisdiction,
control, and regulation of the Railroad Commission of Texas and
subject to safety standard requirements pertaining to gas pipeline
facilities and transmission lines for the transportation of gas;
(2) the pipeline complies with all applicable state
rules and federal regulations on the accommodation of utility
facilities on the highway or right-of-way, including rules and
regulations relating to the horizontal and vertical location of the
pipeline; and
(3) the highway and associated facilities are promptly
restored to their former condition of usefulness after the
installation or maintenance of the pipeline, as applicable, is
complete.
(d) Subject to Section 203.092, the commission may require a
gas utility to relocate a facility at the cost of the gas utility to
accommodate construction or expansion of the highway or for any
other public work unless the gas utility has a property interest in
the land occupied by the facility to be relocated.
(e) This section may not be construed to limit the authority
of a gas utility to use a public right-of-way.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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