83R1145 JXC-D
By: Davis S.B. No. 514
A BILL TO BE ENTITLED
AN ACT
relating to the installation, maintenance, operation, and
relocation of saltwater pipeline facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter T to read as follows:
SUBCHAPTER T. SALTWATER PIPELINES
Sec. 91.901. DEFINITIONS. In this subchapter:
(1) "Saltwater pipeline facility" means a pipeline
facility that conducts water containing salt and other substances
produced during drilling or operating natural gas and other types
of wells.
(2) "Saltwater pipeline operator" means a person who
owns, installs, manages, operates, leases, or controls a saltwater
pipeline facility.
Sec. 91.902. PIPELINE ON PUBLIC ROAD. A saltwater pipeline
operator is entitled to install, maintain, and operate a saltwater
pipeline facility through, under, along, across, or over a public
road only if:
(1) the pipeline facility complies with applicable:
(A) saltwater safety regulations adopted by the
commission relating to saltwater pipeline facilities;
(B) federal regulations relating to saltwater
pipeline facilities; and
(C) rules adopted by the commission and the Texas
Transportation Commission and applicable federal, county, and
municipal regulations regarding the accommodation of utility
facilities on a public road or right-of-way, including regulations
relating to the horizontal or vertical placement of the pipeline
facility; and
(2) the saltwater pipeline operator ensures that the
public road and associated facilities are promptly restored to
their former condition of usefulness after the installation or
maintenance of the pipeline facility is complete.
Sec. 91.903. RELOCATION OF SALTWATER PIPELINE FACILITY FOR
CERTAIN PURPOSES. (a) Except as provided by Section 203.092,
Transportation Code, the Texas Transportation Commission, the
commissioners court of a county, or the governing body of a
municipality may require a saltwater pipeline operator to relocate
a saltwater pipeline facility at the cost of the saltwater pipeline
operator to accommodate construction or expansion of a public road
or for any other public work unless the saltwater pipeline operator
has a property interest in the land occupied by the facility to be
relocated.
(b) The Texas Transportation Commission, the commissioners
court of a county, or the governing body of a municipality shall
give to the saltwater pipeline operator 30 days' written notice of
the requirement. The notice must identify the pipeline facility to
be relocated and indicate the approximate location on the new
right-of-way where the saltwater pipeline operator may place the
facility.
Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter
may not be construed to:
(1) limit the authority of a saltwater pipeline
facility to use a public right-of-way under any other law; or
(2) affect the authority of a municipality to:
(A) regulate the use of a public right-of-way by
a saltwater pipeline operator under any other law; or
(B) require payment of any applicable charge
under Sections 182.025 and 182.026, Tax Code.
Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e),
Local Government Code, and Sections 203.092, 224.008, and
502.1981(c)(4), Transportation Code, apply to saltwater pipeline
operators and saltwater pipeline facilities in the same manner as
they apply to utilities and utility facilities.
Sec. 91.906. RULES. The commission shall adopt rules to
implement this subchapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.