82R12028 DAK-D
By: Burnam H.B. No. 3792
A BILL TO BE ENTITLED
AN ACT
relating to municipal authority to regulate gas pipelines located
within the municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.202, Utilities Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (a) and by Section
121.2025, this subchapter does not reduce, limit, or impair:
(1) a power vested by law in:
(A) a county in relation to a county road; or
(B) a municipality; or
(2) the ability of a municipality to establish
conditions for mapping or taking an inventory of pipelines and
related appurtenances, including pumps, compressors, separators,
dehydration units, and tank batteries, located in an area in the
municipality's extraterritorial jurisdiction.
(c) A municipality may[:
[(A)] adopt an ordinance that establishes
conditions for mapping, inventorying, locating, or relocating
pipelines and related appurtenances, including pumps, compressors,
separators, dehydration units, and tank batteries, located within
[over, under, along, or across a public street or alley or private
residential area in] the boundaries of the municipality[; or
[(B) establish conditions for mapping or taking
an inventory in an area in a municipality's extraterritorial
jurisdiction].
SECTION 2. Section 181.006, Utilities Code, is amended to
read as follows:
Sec. 181.006. CONSENT REQUIRED IN MUNICIPALITY. A gas
corporation may exercise authority under Sections 181.004 and
[Section] 181.005 in relation to a municipal street or alley with
the consent of and subject to the direction of the governing body of
the municipality.
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, 2011.