BILL ANALYSIS Senate Research Center H.B. 2289 82R14125 RWG-F By: Crownover (Jackson) Natural Resources 5/4/2011 Engrossed BILL ANALYSIS Senate Research Center H.B. 2289 82R14125 RWG-F By: Crownover (Jackson) Natural Resources 5/4/2011 Engrossed Senate Research Center H.B. 2289 82R14125 RWG-F By: Crownover (Jackson) Natural Resources 5/4/2011 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Prior legislation that was intended to encourage the construction of pipelines in public rights-of-way, rather than private property, gave certain gas corporations the authority to lay a pipeline 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. H.B. 2289 seeks to restore the original intent of the legislation by removing the authorization to lay and maintain a pipeline along a railroad or railroad right-of-way. H.B. 2289 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 181.005(a), Utilities Code, as follows: (a) Provides that a gas corporation has the right to lay and maintain lines over, along, under, and across a public road, 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 certain conditions are met, rather than provides that 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 only if certain conditions are met. SECTION 2. Effective date: upon passage or September 1, 2011. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Prior legislation that was intended to encourage the construction of pipelines in public rights-of-way, rather than private property, gave certain gas corporations the authority to lay a pipeline 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. H.B. 2289 seeks to restore the original intent of the legislation by removing the authorization to lay and maintain a pipeline along a railroad or railroad right-of-way. H.B. 2289 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 181.005(a), Utilities Code, as follows: (a) Provides that a gas corporation has the right to lay and maintain lines over, along, under, and across a public road, 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 certain conditions are met, rather than provides that 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 only if certain conditions are met. SECTION 2. Effective date: upon passage or September 1, 2011.