Texas House Bill HB2748

Texas 2013 - 83rd Regular

Caption

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.