Texas 2017 - 85th Regular

Texas Senate Bill SB2099 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12546 JXC-F
2	2	By: Hall S.B. No. 2099
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the Railroad Commission of Texas to
8	8	enforce requirements for the prevention of damage to interstate and
9	9	intrastate underground facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 251, Utilities Code, is
12	12	amended by adding Section 251.0021 to read as follows:
13	13	Sec. 251.0021. RAILROAD COMMISSION AUTHORITY. (a) For the
14	14	purposes of 49 U.S.C. Section 60101 et seq., the Railroad
15	15	Commission of Texas is responsible for statewide enforcement of
16	16	this state's requirements for the prevention of damage to
17	17	interstate and intrastate underground facilities, as authorized
18	18	under Section 756.126, Health and Safety Code, Section 117.012,
19	19	Natural Resources Code, and Section 121.201, Utilities Code.
20	20	(b) The authority described in Subsection (a) is in addition
21	21	to the authority granted to county attorneys, district attorneys,
22	22	and the board of directors of the corporation under Subchapter E.
23	23	SECTION 2. Section 756.126, Health and Safety Code, is
24	24	amended to read as follows:
25	25	Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The
26	26	Railroad Commission of Texas shall adopt and enforce rules
27	27	prescribing safety standards and best practices, including those
28	28	described by 49 U.S.C. Section 6105 et seq., relating to the
29	29	prevention of damage by a person to a facility, including an
30	30	interstate or intrastate pipeline facility, under the jurisdiction
31	31	of the commission.
32	32	SECTION 3. Section 117.012, Natural Resources Code, is
33	33	amended by amending Subsection (a) and adding Subsection (a-1) to
34	34	read as follows:
35	35	(a) The commission shall adopt rules that include:
36	36	(1) safety standards applicable to the intrastate
37	37	transportation of hazardous liquids or carbon dioxide by pipeline
38	38	and intrastate hazardous liquid or carbon dioxide pipeline
39	39	facilities; and
40	40	(2) [, including] safety standards related to the
41	41	prevention of damage to interstate and intrastate hazardous liquid
42	42	or carbon dioxide pipeline facilities [such a facility] resulting
43	43	from the movement of earth by a person in the vicinity of such a
44	44	[the] facility, other than movement by tillage that does not exceed
45	45	a depth of 16 inches.
46	46	(a-1) Rules adopted under Subsection (a) [this subsection]
47	47	that apply to the intrastate transportation of hazardous liquids
48	48	and carbon dioxide by gathering pipelines in rural locations and
49	49	intrastate hazardous liquid and carbon dioxide gathering pipeline
50	50	facilities in rural locations must be based only on the risks the
51	51	transportation and the facilities present to the public safety,
52	52	except that the commission shall revise the rules as necessary to
53	53	comply with Subsection (c) and to maintain the maximum degree of
54	54	federal delegation permissible under 49 U.S.C. Section 60101 et
55	55	seq., or a succeeding law, if the federal government adopts rules
56	56	that include safety standards applicable to the transportation and
57	57	facilities.
58	58	SECTION 4. Section 121.201(a), Utilities Code, is amended
59	59	to read as follows:
60	60	(a) The railroad commission may:
61	61	(1) by rule prescribe or adopt safety standards for
62	62	the transportation of gas and for gas pipeline facilities,
63	63	including safety standards related to the prevention of damage to
64	64	an interstate or intrastate gas pipeline [such a] facility
65	65	resulting from the movement of earth by a person in the vicinity of
66	66	the facility, other than movement by tillage that does not exceed a
67	67	depth of 16 inches;
68	68	(2) by rule require an operator that does not file
69	69	operator organization information under Section 91.142, Natural
70	70	Resources Code, to provide the information to the commission in the
71	71	form of an application;
72	72	(3) by rule require record maintenance and reports;
73	73	(4) inspect records and facilities to determine
74	74	compliance with safety standards prescribed or adopted under
75	75	Subdivision (1);
76	76	(5) make certifications and reports from time to time;
77	77	(6) seek designation by the United States secretary of
78	78	transportation as an agent to conduct safety inspections of
79	79	interstate gas pipeline facilities located in this state;
80	80	(7) by rule take any other requisite action in
81	81	accordance with 49 U.S.C. Section 60101 et seq. and its subsequent
82	82	amendments or a succeeding law; and
83	83	(8) by rule establish safety standards and practices
84	84	for gathering facilities and transportation activities in Class 1
85	85	locations, as defined by 49 C.F.R. Section 192.5:
86	86	(A) based only on the risks the facilities and
87	87	activities present to the public safety, to the extent consistent
88	88	with federal law; or
89	89	(B) as necessary to maintain the maximum degree
90	90	of federal delegation permissible under 49 U.S.C. Section 60101 et
91	91	seq., or a succeeding law, if the federal government adopts safety
92	92	standards and practices for gathering facilities and
93	93	transportation activities in Class 1 locations, as defined by 49
94	94	C.F.R. Section 192.5.
95	95	SECTION 5. This Act takes effect September 1, 2017.