| 1 | 1 | | By: Crownover (Senate Sponsor - Jackson) H.B. No. 2289 |
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| 2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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| 3 | 3 | | May 3, 2011, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources; May 11, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 10, Nays 0; May 11, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the authority of a gas corporation to use a public |
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| 11 | 11 | | right-of-way along a railroad, a railroad right-of-way, an |
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| 12 | 12 | | interurban railroad, or a street railroad. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 181.005(a), Utilities Code, is amended |
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| 15 | 15 | | to read as follows: |
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| 16 | 16 | | (a) A gas corporation has the right to lay and maintain |
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| 17 | 17 | | lines over, along, under, and across a public road, [a railroad, |
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| 18 | 18 | | railroad right-of-way,] an interurban railroad, a street railroad, |
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| 19 | 19 | | a canal or stream, or a municipal street or alley and over, under, |
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| 20 | 20 | | and across a railroad or a railroad right-of-way only if: |
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| 21 | 21 | | (1) the pipeline complies with: |
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| 22 | 22 | | (A) all safety regulations adopted by the |
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| 23 | 23 | | Railroad Commission of Texas and all federal regulations relating |
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| 24 | 24 | | to pipeline facilities and pipelines; and |
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| 25 | 25 | | (B) all rules adopted by the Texas Department of |
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| 26 | 26 | | Transportation or the Railroad Commission of Texas and all federal |
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| 27 | 27 | | regulations regarding the accommodation of utility facilities on a |
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| 28 | 28 | | right-of-way, including regulations relating to the horizontal or |
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| 29 | 29 | | vertical placement of the pipeline; and |
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| 30 | 30 | | (2) the owner or operator of the pipeline ensures that |
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| 31 | 31 | | the public right-of-way and any associated facility are promptly |
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| 32 | 32 | | restored to their former condition of usefulness after the |
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| 33 | 33 | | installation or maintenance of the pipeline. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2011. |
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| 39 | 39 | | * * * * * |
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