82R1879 JXC-D
By: Davis S.B. No. 103
A BILL TO BE ENTITLED
AN ACT
relating to the installation, maintenance, operation, and
relocation of wastewater pipeline facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter S to read as follows:
SUBCHAPTER S. WASTEWATER PIPELINES
Sec. 91.901. DEFINITIONS. In this subchapter:
(1) "Wastewater pipeline facility" means a pipeline
facility that conducts water containing salt or other substances
produced during drilling or operating natural gas and other types
of wells.
(2) "Wastewater pipeline operator" means a person
who owns, installs, manages, operates, leases, or controls a
wastewater pipeline facility.
Sec. 91.902. PIPELINE ON STATE HIGHWAY. A wastewater
pipeline operator is entitled to install, maintain, and operate a
wastewater pipeline facility through, under, along, across, or over
a state highway, including a controlled access highway as defined
by Section 203.001(1), Transportation Code, only if:
(1) the pipeline facility complies with:
(A) any safety regulations adopted by the
commission relating to wastewater pipeline facilities;
(B) any federal regulations relating to
wastewater pipeline facilities; and
(C) all applicable rules adopted by the Texas
Transportation Commission or the Railroad Commission of Texas and
all applicable federal regulations regarding the accommodation of
utility facilities on a highway or right-of-way, including
regulations relating to the horizontal or vertical placement of the
pipeline facility; and
(2) the wastewater pipeline operator ensures that the
highway and associated facilities are promptly restored to their
former condition of usefulness after the installation or
maintenance of the pipeline facility is complete.
Sec. 91.903. RELOCATION OF WASTEWATER PIPELINE FACILITY FOR
CERTAIN PURPOSES. (a) Except as provided by Section 203.092,
Transportation Code, the Texas Transportation Commission, the
commissioners court of a county, or the governing body of a
municipality may require a wastewater pipeline operator to relocate
a wastewater pipeline facility at the cost of the wastewater
pipeline operator to accommodate construction or expansion of a
highway or for any other public work unless the wastewater pipeline
operator has a property interest in the land occupied by the
facility to be relocated.
(b) The Texas Transportation Commission, the commissioners
court of a county, or the governing body of a municipality shall
give to the wastewater pipeline operator 30 days' written notice of
the requirement. The notice must identify the pipeline facility to
be relocated and indicate the location on the new right-of-way
where the wastewater pipeline operator may place the facility.
Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to:
(1) limit the authority of a wastewater pipeline
facility 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 wastewater pipeline operator under any other law; or
(B) require payment of any applicable charge
under Sections 182.025 and 182.026, Tax Code.
Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e),
Local Government Code, and Sections 203.092, 224.008, and
502.1025(c)(4), Transportation Code, apply to wastewater pipeline
operators and wastewater pipeline facilities in the same manner as
they apply to utilities and utility facilities.
Sec. 91.906. RULES. The commission shall adopt rules to
implement this subchapter.
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.