83R28276 JXC-F
By: Davis S.B. No. 514
(Wu)
Substitute the following for S.B. No. 514: No.
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 an oil, gas, or other type of
well. The term includes a pipeline facility that conducts flowback
and produced water from an oil or gas well on which a hydraulic
fracturing treatment has been performed to an oil and gas waste
disposal well for disposal.
(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
rules adopted by the Texas Transportation Commission and applicable
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;
(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; and
(3) the saltwater pipeline operator leases the
right-of-way or area in which the pipeline facility is installed
and pays to the applicable governmental entity the fair market
value of the operator's use of the right-of-way or area, unless the
operator is authorized by other law to install, maintain, and
operate the pipeline facility through, under, along, across, or
over the public road.
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, as applicable, 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, as
applicable, 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;
(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 Section 182.025, Tax Code; or
(3) require a county or municipality to:
(A) grant a right to a saltwater pipeline
operator that applies to a public road or right-of-way and that is
broader than the county's or municipality's legal interest in the
public road or right-of-way; or
(B) grant more than a surface right to a
saltwater pipeline operator in a right-of-way acquired by
prescription.
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.
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.