83R22893 JXC-F
By: Keffer H.B. No. 2982
A BILL TO BE ENTITLED
AN ACT
relating to the power of the Railroad Commission of Texas to adopt
and enforce safety standards applicable to the transportation by
pipeline of hazardous liquids, carbon dioxide, and natural gas in
rural locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 117.011, Natural
Resources Code, is amended to read as follows:
Sec. 117.011. JURISDICTION UNDER DELEGATED FEDERAL
AUTHORITY.
SECTION 2. Sections 117.012(a), (b), and (h), Natural
Resources Code, are amended to read as follows:
(a) The commission shall adopt rules that include safety
standards [for and practices] applicable to the intrastate
transportation of hazardous liquids or carbon dioxide by pipeline
and intrastate hazardous liquid or carbon dioxide pipeline
facilities, including safety standards related to the prevention of
damage to such a facility resulting from the movement of earth by a
person in the vicinity of the facility, other than movement by
tillage that does not exceed a depth of 16 inches. The commission
may adopt rules under this subsection that apply to the intrastate
transportation of hazardous liquids and carbon dioxide by gathering
pipelines in rural locations and intrastate hazardous liquid and
carbon dioxide gathering pipeline facilities in rural locations
based only on the risks the transportation and the facilities
present to the public safety.
(b) Rules that adopt safety standards do not apply to
[movement of hazardous liquids or carbon dioxide through gathering
lines in rural locations or] production, refining, or manufacturing
facilities or storage or in-plant piping systems associated with
any of those facilities.
(h) The commission shall require operators of hazardous
liquid and carbon dioxide pipeline facilities or the [their]
designated representatives of such operators to communicate and
conduct liaison activities with fire, police, and other appropriate
public emergency response officials. The liaison activities must
be conducted by meetings in person except as provided by this
section. An operator or the operator's representative may conduct
required community liaison activities as provided by Subsection (i)
only if the operator or the operator's representative has made an
effort, by one of the following methods, to conduct a community
liaison meeting in person with the officials:
(1) mailing a written request for a meeting in person
to the appropriate officials by certified mail, return receipt
requested;
(2) sending a request for a meeting in person to the
appropriate officials by facsimile transmission; or
(3) making one or more telephone calls or e-mail
message transmissions to the appropriate officials to request a
meeting in person.
SECTION 3. The heading to Section 121.201, Utilities Code,
is amended to read as follows:
Sec. 121.201. SAFETY RULES;[:] RAILROAD COMMISSION POWER
UNDER DELEGATED FEDERAL AUTHORITY.
SECTION 4. Section 121.201, Utilities Code, is amended by
adding Subsection (f) to read as follows:
(f) To the extent consistent with federal law, the railroad
commission by rule may establish safety standards and practices for
gathering facilities and transportation activities in Class 1
locations, as defined by 49 C.F.R. Section 192.5, based on the risks
the facilities and activities present to the public safety.
SECTION 5. Not later than December 1, 2013, the Railroad
Commission of Texas shall adopt rules to implement the changes in
law made by this Act to Chapter 117, Natural Resources Code, and
Chapter 121, Utilities Code.
SECTION 6. Before September 1, 2015, the Railroad
Commission of Texas may implement the changes in law made by this
Act to Chapter 117, Natural Resources Code, or Chapter 121,
Utilities Code, or rules adopted under those chapters, as amended
by this Act, only to require operators to make reports to the
commission, including telephonic reports, the commission
determines are necessary to investigate accidents, leaks,
incidents, or complaints.
SECTION 7. This Act takes effect September 1, 2013.