H.B. No. 2289
AN ACT
relating to the authority of a gas corporation to use a public
right-of-way along a railroad, a railroad right-of-way, an
interurban railroad, or a street railroad.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 181.005(a), Utilities Code, is amended
to read as follows:
(a) A gas corporation has the right to lay and maintain
lines over, along, under, and across a public road, [a railroad,
railroad right-of-way,] an interurban railroad, a street railroad,
a canal or stream, or a municipal street or alley and over, under,
and across a railroad or a railroad right-of-way only if:
(1) the pipeline complies with:
(A) all safety regulations adopted by the
Railroad Commission of Texas and all federal regulations relating
to pipeline facilities and pipelines; and
(B) all rules adopted by the Texas Department of
Transportation or the Railroad Commission of Texas and all federal
regulations regarding the accommodation of utility facilities on a
right-of-way, including regulations relating to the horizontal or
vertical placement of the pipeline; and
(2) the owner or operator of the pipeline ensures that
the public right-of-way and any associated facility are promptly
restored to their former condition of usefulness after the
installation or maintenance of the pipeline.
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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2289 was passed by the House on April
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2289 was passed by the Senate on May
19, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor