S.B. No. 686
AN ACT
relating to the installation, maintenance, or operation of natural
gas pipelines on state highways and highway and county road
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
controlled access highway, as defined by Section 203.001(1), 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 consistent with this section and all applicable 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 department 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:
(1) limit the authority of a gas utility to use a
public right-of-way under any other law; or
(2) affect the authority of a municipality to:
(A) regulate the use of a public right-of-way by
a gas utility under any other law; or
(B) require payment of any applicable charge
under Section 121.2025, Utilities Code, and Sections 182.025 and
182.026, Tax Code.
SECTION 2. Subchapter A, Chapter 251, Transportation Code,
is amended by adding Section 251.018 to read as follows:
Sec. 251.018. SUBSURFACE ACCESS IN RIGHT-OF-WAY. (a) A
county shall allow subsurface access to a county road right-of-way
for the installation of a temporary water line that does not
interfere with existing utilities located in the right-of-way. The
county may regulate the horizontal or vertical location of the
water line within the right-of-way.
(b) A county may not adopt or enforce an ordinance or
regulation that establishes or conflicts with a safety standard or
practice applicable to a temporary water line that is regulated
under state or federal law.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 686 passed the Senate on
April 21, 2009, by the following vote: Yeas 30, Nays 0;
May 23, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 28, 2009, House
granted request of the Senate; May 31, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 686 passed the House, with
amendments, on May 20, 2009, by the following vote: Yeas 143,
Nays 0, two present not voting; May 28, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 138, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor