Texas 2013 - 83rd Regular

Texas Senate Bill SB514 Compare Versions

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Old	New	Differences
1	1	83R28276 JXC-F
2	2	By: Davis S.B. No. 514
3	3	(Wu)
4	4	Substitute the following for S.B. No. 514: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the installation, maintenance, operation, and
10	10	relocation of saltwater pipeline facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 91, Natural Resources Code, is amended
13	13	by adding Subchapter T to read as follows:
14	14	SUBCHAPTER T. SALTWATER PIPELINES
15	15	Sec. 91.901. DEFINITIONS. In this subchapter:
16	16	(1) "Saltwater pipeline facility" means a pipeline
17	17	facility that conducts water containing salt and other substances
18	18	produced during drilling or operating an oil, gas, or other type of
19	19	well. The term includes a pipeline facility that conducts flowback
20	20	and produced water from an oil or gas well on which a hydraulic
21	21	fracturing treatment has been performed to an oil and gas waste
22	22	disposal well for disposal.
23	23	(2) "Saltwater pipeline operator" means a person who
24	24	owns, installs, manages, operates, leases, or controls a saltwater
25	25	pipeline facility.
26	26	Sec. 91.902. PIPELINE ON PUBLIC ROAD. A saltwater pipeline
27	27	operator is entitled to install, maintain, and operate a saltwater
28	28	pipeline facility through, under, along, across, or over a public
29	29	road only if:
30	30	(1) the pipeline facility complies with applicable
31	31	rules adopted by the Texas Transportation Commission and applicable
32	32	county and municipal regulations regarding the accommodation of
33	33	utility facilities on a public road or right-of-way, including
34	34	regulations relating to the horizontal or vertical placement of the
35	35	pipeline facility;
36	36	(2) the saltwater pipeline operator ensures that the
37	37	public road and associated facilities are promptly restored to
38	38	their former condition of usefulness after the installation or
39	39	maintenance of the pipeline facility is complete; and
40	40	(3) the saltwater pipeline operator leases the
41	41	right-of-way or area in which the pipeline facility is installed
42	42	and pays to the applicable governmental entity the fair market
43	43	value of the operator's use of the right-of-way or area, unless the
44	44	operator is authorized by other law to install, maintain, and
45	45	operate the pipeline facility through, under, along, across, or
46	46	over the public road.
47	47	Sec. 91.903. RELOCATION OF SALTWATER PIPELINE FACILITY FOR
48	48	CERTAIN PURPOSES. (a) Except as provided by Section 203.092,
49	49	Transportation Code, the Texas Transportation Commission, the
50	50	commissioners court of a county, or the governing body of a
51	51	municipality, as applicable, may require a saltwater pipeline
52	52	operator to relocate a saltwater pipeline facility at the cost of
53	53	the saltwater pipeline operator to accommodate construction or
54	54	expansion of a public road or for any other public work unless the
55	55	saltwater pipeline operator has a property interest in the land
56	56	occupied by the facility to be relocated.
57	57	(b) The Texas Transportation Commission, the commissioners
58	58	court of a county, or the governing body of a municipality, as
59	59	applicable, shall give to the saltwater pipeline operator 30 days'
60	60	written notice of the requirement. The notice must identify the
61	61	pipeline facility to be relocated and indicate the approximate
62	62	location on the new right-of-way where the saltwater pipeline
63	63	operator may place the facility.
64	64	Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter
65	65	may not be construed to:
66	66	(1) limit the authority of a saltwater pipeline
67	67	facility to use a public right-of-way under any other law;
68	68	(2) affect the authority of a municipality to:
69	69	(A) regulate the use of a public right-of-way by
70	70	a saltwater pipeline operator under any other law; or
71	71	(B) require payment of any applicable charge
72	72	under Section 182.025, Tax Code; or
73	73	(3) require a county or municipality to:
74	74	(A) grant a right to a saltwater pipeline
75	75	operator that applies to a public road or right-of-way and that is
76	76	broader than the county's or municipality's legal interest in the
77	77	public road or right-of-way; or
78	78	(B) grant more than a surface right to a
79	79	saltwater pipeline operator in a right-of-way acquired by
80	80	prescription.
81	81	Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e),
82	82	Local Government Code, and Sections 203.092, 224.008, and
83	83	502.1981(c)(4), Transportation Code, apply to saltwater pipeline
84	84	operators and saltwater pipeline facilities in the same manner as
85	85	they apply to utilities and utility facilities.
86	86	SECTION 2. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2013.