Texas 2009 - 81st Regular

Texas Senate Bill SB686 Compare Versions

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1	1	S.B. No. 686
2	2
3	3
4	4	AN ACT
5	5	relating to the installation, maintenance, or operation of natural
6	6	gas pipelines on state highways and highway and county road
7	7	rights-of-way.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter E, Chapter 203, Transportation Code,
10	10	is amended by adding Section 203.096 to read as follows:
11	11	Sec. 203.096. NATURAL GAS PIPELINE IN RIGHT-OF-WAY.
12	12	(a) In this section, "gas utility" means:
13	13	(1) a gas utility as defined by Section 121.001 or
14	14	181.021, Utilities Code; or
15	15	(2) a person that:
16	16	(A) is a common carrier under Section 111.002,
17	17	Natural Resources Code;
18	18	(B) is a common purchaser under Section 111.081,
19	19	Natural Resources Code; or
20	20	(C) owns, manages, operates, leases, or controls
21	21	a gas pipeline facility that is subject to Section 121.201,
22	22	Utilities Code.
23	23	(b) This section applies only to a natural gas pipeline
24	24	located or proposed to be located in:
25	25	(1) a county in which a part of the Barnett Shale
26	26	natural gas field is known to be located;
27	27	(2) a county that is located in the boundaries of a
28	28	metropolitan planning organization; or
29	29	(3) the corporate limits of a municipality.
30	30	(c) A gas utility is entitled to lay, maintain, and operate
31	31	a natural gas pipeline through, under, along, or across a
32	32	controlled access highway, as defined by Section 203.001(1), only
33	33	if:
34	34	(1) the pipeline is subject to the jurisdiction,
35	35	control, and regulation of the Railroad Commission of Texas and
36	36	subject to safety standard requirements pertaining to gas pipeline
37	37	facilities and transmission lines for the transportation of gas;
38	38	(2) the pipeline complies with all applicable state
39	39	rules consistent with this section and all applicable federal
40	40	regulations on the accommodation of utility facilities on the
41	41	highway or right-of-way, including rules and regulations relating
42	42	to the horizontal and vertical location of the pipeline; and
43	43	(3) the highway and associated facilities are promptly
44	44	restored to their former condition of usefulness after the
45	45	installation or maintenance of the pipeline, as applicable, is
46	46	complete.
47	47	(d) Subject to Section 203.092, the department may require a
48	48	gas utility to relocate a facility at the cost of the gas utility to
49	49	accommodate construction or expansion of the highway or for any
50	50	other public work unless the gas utility has a property interest in
51	51	the land occupied by the facility to be relocated.
52	52	(e) This section may not be construed to:
53	53	(1) limit the authority of a gas utility to use a
54	54	public right-of-way under any other law; or
55	55	(2) affect the authority of a municipality to:
56	56	(A) regulate the use of a public right-of-way by
57	57	a gas utility under any other law; or
58	58	(B) require payment of any applicable charge
59	59	under Section 121.2025, Utilities Code, and Sections 182.025 and
60	60	182.026, Tax Code.
61	61	SECTION 2. Subchapter A, Chapter 251, Transportation Code,
62	62	is amended by adding Section 251.018 to read as follows:
63	63	Sec. 251.018. SUBSURFACE ACCESS IN RIGHT-OF-WAY. (a) A
64	64	county shall allow subsurface access to a county road right-of-way
65	65	for the installation of a temporary water line that does not
66	66	interfere with existing utilities located in the right-of-way. The
67	67	county may regulate the horizontal or vertical location of the
68	68	water line within the right-of-way.
69	69	(b) A county may not adopt or enforce an ordinance or
70	70	regulation that establishes or conflicts with a safety standard or
71	71	practice applicable to a temporary water line that is regulated
72	72	under state or federal law.
73	73	SECTION 3. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2009.
78	78	______________________________ ______________________________
79	79	President of the Senate Speaker of the House
80	80	I hereby certify that S.B. No. 686 passed the Senate on
81	81	April 21, 2009, by the following vote: Yeas 30, Nays 0;
82	82	May 23, 2009, Senate refused to concur in House amendments and
83	83	requested appointment of Conference Committee; May 28, 2009, House
84	84	granted request of the Senate; May 31, 2009, Senate adopted
85	85	Conference Committee Report by the following vote: Yeas 31,
86	86	Nays 0.
87	87	______________________________
88	88	Secretary of the Senate
89	89	I hereby certify that S.B. No. 686 passed the House, with
90	90	amendments, on May 20, 2009, by the following vote: Yeas 143,
91	91	Nays 0, two present not voting; May 28, 2009, House granted request
92	92	of the Senate for appointment of Conference Committee;
93	93	May 31, 2009, House adopted Conference Committee Report by the
94	94	following vote: Yeas 138, Nays 0, one present not voting.
95	95	______________________________
96	96	Chief Clerk of the House
97	97	Approved:
98	98	______________________________
99	99	Date
100	100	______________________________
101	101	Governor