By: Duncan S.B. No. 1637
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
determine whether a person who owns, operates, or manages a
pipeline is a common carrier.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 111, Natural Resources Code, is amended
by adding Subchapter K to read as follows:
SUBCHAPTER K. COMMON CARRIER DETERMINATION
Sec. 111.441. COMMON CARRIER. (a) No pipeline or
gathering system may be represented to be a common carrier under
Section 111.002 without a permit issued by the commission under
this subchapter.
(b) The commission has exclusive jurisdiction to determine
whether a person is a common carrier under Section 111.002.
Sec. 111.442. APPLICATION. (a) A party wanting to obtain
a permit under this subchapter must submit an application to the
commission.
(b) Application shall be made on a form specified by the
commission and shall include evidence required by the commission to
show that the applicant qualifies as a common carrier under Section
111.002.
Sec. 111.443. NOTICE. (a) For permits requested under
this subchapter, the applicant shall give notice by:
(1) publishing notice of the application and a map of
the proposed route of the pipeline on the Internet;
(2) publishing notice of the application for two
consecutive weeks in a newspaper having general circulation in each
county containing territory affected by the proposed pipeline;
(3) mailing notice of the application to all
landowners along the proposed route of the pipeline; and
(4) mailing or delivering notice of the application to
each affected county and municipality along the proposed route of
the pipeline.
(b) Proof of publication and affidavits attesting to the
notice requirements must be filed with the commission.
(c) At a minimum, the notice must include:
(1) a description of the point of origin and point of
destination of the pipeline;
(2) a list of the counties and municipalities in which
the pipeline is proposed to be located;
(3) the Internet address required under Subsection
(a); and
(4) a description of the procedure for protesting the
request, including the deadline provided under Section 111.444.
Sec. 111.444. PROTESTS. (a) A landowner, county,
municipality, or commission staff may file a protest with the
commission.
(b) All protests must be filed not later than the 20th day
after the date of notice under Section 111.443.
Sec. 111.445. HEARING. (a) The commission shall set a
date, time, and place for a hearing not later than the seventh day
after the protest deadline date provided under Section 111.444.
(b) The hearing shall be held not earlier than the 30th day
and not later than the 45th day after the protest deadline date.
(c) The commission shall serve notice of the hearing date,
time, and place to the applicant and to all parties filing protests.
Sec. 111.446. ADMINISTRATIVE REVIEW. An application under
this subchapter may be approved by a hearings examiner without a
hearing under the following conditions:
(1) at least 30 days have passed since the completion
of all notice requirements;
(2) no party has filed a protest with the commission;
(3) the commission staff has reviewed the application
and has stipulated that there are no disputed issues of fact or law;
and
(4) the hearings examiner finds that no hearing is
necessary and that administrative review is warranted.
Sec. 111.447. PROPOSAL FOR DECISION; COMMISSION ORDER.
(a) Not later than the 20th day after the date of the hearing
conducted under Section 111.445 or a determination of
administrative review under Section 111.446, the hearings examiner
shall issue a proposal for decision containing findings of fact and
conclusions of law. The proposal for decision shall be served on
each commissioner and all parties.
(b) The commission shall issue an order on the application
not later than the 30th day after receipt of the proposal for
decision. The order must include:
(1) a statement of findings of fact that includes the
substance of the evidence presented at the hearing; and
(2) the conclusions of law that support the
determination.
(c) The commission may approve an application and grant a
permit only if the commission finds that the applicant qualifies as
a common carrier under Section 111.002.
(d) The commission may adopt, in whole or in part, or modify
the findings of fact and conclusions of law contained in the
proposal for decision. The commission may also remand the
application for hearing or additional proceedings.
(e) Motions for rehearing and judicial review of a
commission order issued under this subchapter are governed by
Subchapters F and G, Chapter 2001, Government Code.
Sec. 111.448. RULES. The commission may adopt rules as
necessary to implement this subchapter.
SECTION 2. 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 3. This Act takes effect September 1, 2013.