Texas 2013 - 83rd Regular

Texas House Bill HB2748 Compare Versions

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1	1	83R21363 E
2	2	By: Lewis, Crownover, King of Zavala, H.B. No. 2748
3	3	Raymond, Darby, et al.
4	4	Substitute the following for H.B. No. 2748:
5	5	By: Thompson of Harris C.S.H.B. No. 2748
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to judicial proceedings and Railroad Commission of Texas
11	11	hearings to determine whether a person who owns, operates, or
12	12	manages a pipeline is a common carrier; authorizing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Title 6, Civil Practice and Remedies Code, is
15	15	amended by adding Chapter 135 to read as follows:
16	16	CHAPTER 135. COMMON CARRIER DETERMINATION
17	17	Sec. 135.001. COMMON CARRIER DETERMINATION. (a) A permit
18	18	granted under Subchapter B-1, Chapter 111, Natural Resources Code,
19	19	is a conclusive determination for the purposes of a judicial
20	20	proceeding that the permit holder is a common carrier, as defined by
21	21	the laws of this state.
22	22	(b) This section does not apply to an appeal described by
23	23	Section 111.048(f), Natural Resources Code.
24	24	SECTION 2. Chapter 111, Natural Resources Code, is amended
25	25	by adding Subchapter B-1 to read as follows:
26	26	SUBCHAPTER B-1. COMMON CARRIER DETERMINATION
27	27	Sec. 111.041. COMMON CARRIER STATUS. (a) A person who
28	28	owns, operates, or manages a pipeline is not conclusively
29	29	determined to be a common carrier, as defined by the laws of this
30	30	state, for the purposes of a judicial proceeding unless the person
31	31	holds a permit issued under this subchapter. A permit issued under
32	32	this subchapter is a conclusive determination for the purposes of a
33	33	judicial proceeding, other than a judicial proceeding described by
34	34	Section 111.048(f), that the permit holder is a common carrier, as
35	35	defined by the laws of this state.
36	36	(b) A permit to operate a pipeline issued by the commission
37	37	that does not comply with this subchapter must state that the
38	38	commission has not made a conclusive determination that the permit
39	39	holder is a common carrier, as defined by the laws of this state.
40	40	Sec. 111.042. STATUS APPLICATION. (a) A person who owns,
41	41	operates, or manages a pipeline and who seeks a conclusive
42	42	determination under this subchapter that the person is a common
43	43	carrier must submit to the commission an application for the
44	44	determination on a form specified by the commission that includes
45	45	evidence required by the commission to show that the applicant
46	46	qualifies as a common carrier.
47	47	(b) The application must be accompanied by a reasonable fee
48	48	established by commission rule to cover the costs of administering
49	49	this subchapter but not to exceed $2,500.
50	50	(c) The commission shall provide to the applicant notice
51	51	that the commission has received the application and shall include
52	52	with the notice a proposed location, date, and time for a hearing on
53	53	the application. The proposed hearing date must be not earlier than
54	54	the 35th day and not later than the 56th day after the date the
55	55	commission sends the notice.
56	56	Sec. 111.043. NOTICE. (a) After the commission provides
57	57	notice under Section 111.042(c), the applicant shall:
58	58	(1) publish notice of the application for two
59	59	consecutive weeks in a newspaper of general circulation in each
60	60	county in which a portion of the pipeline may be located;
61	61	(2) mail or deliver notice of the application to the
62	62	county clerk or municipal secretary of each county and municipality
63	63	in which a portion of the pipeline may be located not later than the
64	64	last day of the newspaper publication required by Subdivision (1);
65	65	(3) provide Internet access to the text of the
66	66	application if no other entity provides the access not later than
67	67	the last day of the newspaper publication required by Subdivision
68	68	(1); and
69	69	(4) file with the commission proof of compliance with
70	70	the publication requirement of Subdivision (1) and an affidavit
71	71	attesting that the applicant has complied with the notice
72	72	requirements of Subdivisions (2) and (3).
73	73	(b) The notice of the application must include:
74	74	(1) the proposed location, date, and time of the
75	75	hearing on the application, a statement that the proposed location,
76	76	date, and time are subject to change, and a statement that a person
77	77	may contact the commission to determine whether the proposed
78	78	location, date, or time has been changed;
79	79	(2) a description of the point of origin and point of
80	80	destination of the pipeline;
81	81	(3) a list of each county and municipality in which a
82	82	portion of the pipeline may be located;
83	83	(4) the Internet address at which the text of the
84	84	application can be viewed;
85	85	(5) a description of the procedure for protesting the
86	86	application, including the protest deadline provided under Section
87	87	111.044; and
88	88	(6) a statement that the purpose of the hearing is to
89	89	determine whether the applicant is a common carrier, as defined by
90	90	the laws of this state, and not to determine the route of the
91	91	proposed pipeline.
92	92	Sec. 111.044. PROTESTS. (a) A person may file a protest
93	93	with the commission of an application submitted under this
94	94	subchapter if the person:
95	95	(1) owns land in a county in which a portion of the
96	96	pipeline may be located;
97	97	(2) is a county or municipality in which a portion of
98	98	the pipeline may be located; or
99	99	(3) is a commission staff member.
100	100	(b) A protest must be filed not later than the 21st day after
101	101	the last day of the newspaper publication required by Section
102	102	111.043(a)(1).
103	103	Sec. 111.045. HEARINGS EXAMINER. The commission shall
104	104	designate a hearings examiner to:
105	105	(1) review applications without a hearing under
106	106	Section 111.046; and
107	107	(2) conduct hearings on applications under Section
108	108	111.047.
109	109	Sec. 111.046. ADMINISTRATIVE REVIEW. The hearings examiner
110	110	may review an application without a hearing if:
111	111	(1) the commission does not receive a protest of the
112	112	application under Section 111.044 before the deadline provided by
113	113	Subsection (b) of that section;
114	114	(2) commission staff has reviewed the application and
115	115	stipulated that there are no disputed issues of fact or law
116	116	regarding the application; and
117	117	(3) the hearings examiner finds that a hearing is
118	118	unnecessary and that administrative review is warranted.
119	119	Sec. 111.047. HEARING. (a) Except as provided by
120	120	Subsection (b), if Section 111.046 does not apply, the hearings
121	121	examiner shall hold a hearing on the application at the proposed
122	122	location, date, and time specified in the notice provided under
123	123	Section 111.042(c).
124	124	(b) If the applicant publishes the newspaper notice
125	125	required by Section 111.043(a)(1) for two consecutive weeks the
126	126	last day of which falls on a day that is less than 21 days before the
127	127	proposed hearing date specified in the notice provided under
128	128	Section 111.042(c), the hearings examiner shall hold the hearing on
129	129	a date that is at least 21 days after the last day of the newspaper
130	130	publication.
131	131	(c) The commission shall provide notice of the hearing
132	132	location, date, and time to the applicant and each person who filed
133	133	a protest under Section 111.044.
134	134	(d) The purpose of the hearing is to determine whether the
135	135	applicant is a common carrier, as defined by the laws of this state,
136	136	and not to determine the route of the proposed pipeline.
137	137	Sec. 111.048. PERMIT; PROPOSAL FOR DECISION; COMMISSION
138	138	ORDER. (a) The commission may approve an application and issue a
139	139	permit to the applicant to operate in this state as a common carrier
140	140	if the commission finds after administrative review or a hearing
141	141	that the applicant is a common carrier, as defined by the laws of
142	142	this state.
143	143	(b) For an application reviewed by a hearings examiner
144	144	without a hearing as authorized by Section 111.046, not later than
145	145	the 40th day after the last day of the newspaper publication
146	146	required by Section 111.043(a)(1):
147	147	(1) the hearings examiner shall issue to the
148	148	commission a recommended order containing findings of fact and
149	149	conclusions of law; and
150	150	(2) the commission shall issue an order approving or
151	151	denying the application.
152	152	(c) For an application for which a hearings examiner holds a
153	153	hearing under Section 111.047, not later than the 40th day after the
154	154	last day of the hearing:
155	155	(1) the hearings examiner shall issue to the
156	156	commission a proposal for decision containing findings of fact and
157	157	conclusions of law; and
158	158	(2) the commission shall issue an order approving or
159	159	denying the application.
160	160	(d) A commission order issued under this section must
161	161	include:
162	162	(1) a statement of findings of fact that includes the
163	163	substance of the evidence presented at the hearing, if a hearing was
164	164	held; and
165	165	(2) conclusions of law that support the decision.
166	166	(e) The commission may adopt, wholly or partly, or modify
167	167	the findings of fact and conclusions of law in the proposal for
168	168	decision.
169	169	(f) A person may appeal a commission order issued under
170	170	Subsection (b)(2) of this section in the manner provided by
171	171	Subchapter G, Chapter 2001, Government Code.
172	172	Sec. 111.049. COMMISSION AUTHORITY TO EXTEND DEADLINES.
173	173	The commission may extend a deadline prescribed by Section 111.044,
174	174	111.046, 111.047, or 111.048 for good cause.
175	175	Sec. 111.050. RULES. The commission may adopt rules as
176	176	necessary to implement this subchapter.
177	177	SECTION 3. The changes in law made by this Act relating to a
178	178	permit to operate a pipeline apply only to a permit the application
179	179	for which is filed with the Railroad Commission of Texas on or after
180	180	the effective date of this Act. A permit the application for which
181	181	was filed before the effective date of this Act is governed by the
182	182	law in effect on the date the application was filed, and the former
183	183	law is continued in effect for that purpose.
184	184	SECTION 4. This Act takes effect September 1, 2013.