83R21363 E
By: Lewis, Crownover, King of Zavala, H.B. No. 2748
Raymond, Darby, et al.
Substitute the following for H.B. No. 2748:
By: Thompson of Harris C.S.H.B. No. 2748
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 135 to read as follows:
CHAPTER 135. COMMON CARRIER DETERMINATION
Sec. 135.001. COMMON CARRIER DETERMINATION. (a) A permit
granted under Subchapter B-1, Chapter 111, Natural Resources Code,
is a conclusive determination for the purposes of a judicial
proceeding that the permit holder is a common carrier, as defined by
the laws of this state.
(b) This section does not apply to an appeal described by
Section 111.048(f), Natural Resources Code.
SECTION 2. Chapter 111, Natural Resources Code, is amended
by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. COMMON CARRIER DETERMINATION
Sec. 111.041. COMMON CARRIER STATUS. (a) A person who
owns, operates, or manages a pipeline is not conclusively
determined to be a common carrier, as defined by the laws of this
state, for the purposes of a judicial proceeding unless the person
holds a permit issued under this subchapter. A permit issued under
this subchapter is a conclusive determination for the purposes of a
judicial proceeding, other than a judicial proceeding described by
Section 111.048(f), that the permit holder is a common carrier, as
defined by the laws of this state.
(b) A permit to operate a pipeline issued by the commission
that does not comply with this subchapter must state that the
commission has not made a conclusive determination that the permit
holder is a common carrier, as defined by the laws of this state.
Sec. 111.042. STATUS APPLICATION. (a) A person who owns,
operates, or manages a pipeline and who seeks a conclusive
determination under this subchapter that the person is a common
carrier must submit to the commission an application for the
determination on a form specified by the commission that includes
evidence required by the commission to show that the applicant
qualifies as a common carrier.
(b) The application must be accompanied by a reasonable fee
established by commission rule to cover the costs of administering
this subchapter but not to exceed $2,500.
(c) The commission shall provide to the applicant notice
that the commission has received the application and shall include
with the notice a proposed location, date, and time for a hearing on
the application. The proposed hearing date must be not earlier than
the 35th day and not later than the 56th day after the date the
commission sends the notice.
Sec. 111.043. NOTICE. (a) After the commission provides
notice under Section 111.042(c), the applicant shall:
(1) publish notice of the application for two
consecutive weeks in a newspaper of general circulation in each
county in which a portion of the pipeline may be located;
(2) mail or deliver notice of the application to the
county clerk or municipal secretary of each county and municipality
in which a portion of the pipeline may be located not later than the
last day of the newspaper publication required by Subdivision (1);
(3) provide Internet access to the text of the
application if no other entity provides the access not later than
the last day of the newspaper publication required by Subdivision
(1); and
(4) file with the commission proof of compliance with
the publication requirement of Subdivision (1) and an affidavit
attesting that the applicant has complied with the notice
requirements of Subdivisions (2) and (3).
(b) The notice of the application must include:
(1) the proposed location, date, and time of the
hearing on the application, a statement that the proposed location,
date, and time are subject to change, and a statement that a person
may contact the commission to determine whether the proposed
location, date, or time has been changed;
(2) a description of the point of origin and point of
destination of the pipeline;
(3) a list of each county and municipality in which a
portion of the pipeline may be located;
(4) the Internet address at which the text of the
application can be viewed;
(5) a description of the procedure for protesting the
application, including the protest deadline provided under Section
111.044; and
(6) a statement that the purpose of the hearing is to
determine whether the applicant is a common carrier, as defined by
the laws of this state, and not to determine the route of the
proposed pipeline.
Sec. 111.044. PROTESTS. (a) A person may file a protest
with the commission of an application submitted under this
subchapter if the person:
(1) owns land in a county in which a portion of the
pipeline may be located;
(2) is a county or municipality in which a portion of
the pipeline may be located; or
(3) is a commission staff member.
(b) A protest must be filed not later than the 21st day after
the last day of the newspaper publication required by Section
111.043(a)(1).
Sec. 111.045. HEARINGS EXAMINER. The commission shall
designate a hearings examiner to:
(1) review applications without a hearing under
Section 111.046; and
(2) conduct hearings on applications under Section
111.047.
Sec. 111.046. ADMINISTRATIVE REVIEW. The hearings examiner
may review an application without a hearing if:
(1) the commission does not receive a protest of the
application under Section 111.044 before the deadline provided by
Subsection (b) of that section;
(2) commission staff has reviewed the application and
stipulated that there are no disputed issues of fact or law
regarding the application; and
(3) the hearings examiner finds that a hearing is
unnecessary and that administrative review is warranted.
Sec. 111.047. HEARING. (a) Except as provided by
Subsection (b), if Section 111.046 does not apply, the hearings
examiner shall hold a hearing on the application at the proposed
location, date, and time specified in the notice provided under
Section 111.042(c).
(b) If the applicant publishes the newspaper notice
required by Section 111.043(a)(1) for two consecutive weeks the
last day of which falls on a day that is less than 21 days before the
proposed hearing date specified in the notice provided under
Section 111.042(c), the hearings examiner shall hold the hearing on
a date that is at least 21 days after the last day of the newspaper
publication.
(c) The commission shall provide notice of the hearing
location, date, and time to the applicant and each person who filed
a protest under Section 111.044.
(d) The purpose of the hearing is to determine whether the
applicant is a common carrier, as defined by the laws of this state,
and not to determine the route of the proposed pipeline.
Sec. 111.048. PERMIT; PROPOSAL FOR DECISION; COMMISSION
ORDER. (a) The commission may approve an application and issue a
permit to the applicant to operate in this state as a common carrier
if the commission finds after administrative review or a hearing
that the applicant is a common carrier, as defined by the laws of
this state.
(b) For an application reviewed by a hearings examiner
without a hearing as authorized by Section 111.046, not later than
the 40th day after the last day of the newspaper publication
required by Section 111.043(a)(1):
(1) the hearings examiner shall issue to the
commission a recommended order containing findings of fact and
conclusions of law; and
(2) the commission shall issue an order approving or
denying the application.
(c) For an application for which a hearings examiner holds a
hearing under Section 111.047, not later than the 40th day after the
last day of the hearing:
(1) the hearings examiner shall issue to the
commission a proposal for decision containing findings of fact and
conclusions of law; and
(2) the commission shall issue an order approving or
denying the application.
(d) A commission order issued under this section must
include:
(1) a statement of findings of fact that includes the
substance of the evidence presented at the hearing, if a hearing was
held; and
(2) conclusions of law that support the decision.
(e) The commission may adopt, wholly or partly, or modify
the findings of fact and conclusions of law in the proposal for
decision.
(f) A person may appeal a commission order issued under
Subsection (b)(2) of this section in the manner provided by
Subchapter G, Chapter 2001, Government Code.
Sec. 111.049. COMMISSION AUTHORITY TO EXTEND DEADLINES.
The commission may extend a deadline prescribed by Section 111.044,
111.046, 111.047, or 111.048 for good cause.
Sec. 111.050. RULES. The commission may adopt rules as
necessary to implement this subchapter.
SECTION 3. The changes in law made by this Act relating to a
permit to operate a pipeline apply only to a permit the application
for which is filed with the Railroad Commission of Texas on or after
the effective date of this Act. A permit the application for which
was filed before the effective date of this Act is governed by the
law in effect on the date the application was filed, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.