Relating to judicial proceedings and Railroad Commission of Texas hearings to determine whether a person who owns, operates, or manages a pipeline is a common carrier; authorizing a fee.
Impact
The passage of HB 2748 has the potential to impact Texas state laws significantly by enhancing the regulatory framework surrounding pipeline operators. By allowing the Railroad Commission to issue a permit that serves as definitive proof of common carrier status, it lowers the barriers for pipeline companies to establish their rights under the law. This change could lead to greater clarity and consistency in how common carrier status is recognized and disputed across the state.
Summary
House Bill 2748 focuses on the judicial proceedings and hearings held by the Railroad Commission of Texas to determine the common carrier status of individuals or entities owning, operating, or managing pipelines. This bill specifies that a permit issued under a new subchapter of the Natural Resources Code will be a conclusive determination of common carrier status, streamlining legal proceedings and clarifying the authority of pipeline operators regarding their status under state law. The application process for obtaining such a permit includes a reasonable fee not exceeding $2,500 and mandates public notification of the application and hearing.
Contention
There may be points of contention surrounding the bill, particularly regarding the fees associated with the application process, which some stakeholders could perceive as prohibitive. Additionally, the requirement for public notice might raise concerns among local communities that wish to voice their opposition to certain pipeline projects. This could lead to debates regarding local versus state authority in pipeline regulation and potential environmental impacts from further pipeline development.
Relating to the issuance of a permit by the Public Utility Commission of Texas for the routing of certain oil or gas pipelines; authorizing administrative penalties.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.
Relating to the jurisdiction of the Railroad Commission of Texas over and a study of the upstream production, pipeline transportation, and storage of hydrogen.
Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; providing for the imposition of a civil penalty.
Relating to methods for the recovery of system restoration costs incurred by electric utilities following hurricanes, tropical storms, ice or snow storms, floods, and other weather-related events and natural disasters.
Relating to methods for the recovery of system restoration costs incurred by electric utilities following hurricanes, tropical storms, ice or snow storms, floods, and other weather-related events and natural disasters.
Relating to the eligibility of certain land for appraisal for ad valorem tax purposes on the basis of its productivity value and the consequences for those purposes of a change of use or sale of the land.
Relating to the procedure for determining that certain land is no longer eligible for appraisal for ad valorem tax purposes as agricultural or open-space land.
Relating to the administration of the Texas Save and Match Program to assist qualifying beneficiaries under the state's prepaid tuition plans and college savings plans and to the treatment of a beneficiary's assets under prepaid tuition plans and college savings plans in determining eligibility for student financial assistance and other assistance programs.