Texas 2019 - 86th Regular

Texas House Bill HB866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 866
	1	+	By: Anchia, et al. H.B. No. 866
	2	+	(Senate Sponsor - Birdwell, Johnson)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 7, 2019, read first time and referred to Committee on Natural
	5	+	Resources & Economic Development; May 17, 2019, reported favorably
	6	+	by the following vote: Yeas 11, Nays 0; May 17, 2019, sent to
	7	+	printer.)
	8	+	Click here to see the committee vote
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the installation, removal, and replacement of certain
6	14		gas pipelines; clarifying changes to related administrative
7	15		penalties.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Sections 121.206(a) and (d), Utilities Code, are
10	18		amended to read as follows:
11	19		(a) The railroad commission may assess an administrative
12	20		penalty against a person who violates Section 121.201 or a safety
13	21		standard or other rule prescribed or adopted under this subchapter
14	22		[that section].
15	23		(d) The railroad commission by rule shall adopt guidelines
16	24		to be used in determining the amount of a penalty under this
17	25		subchapter. The guidelines shall include a penalty calculation
18	26		worksheet that specifies the typical penalty for certain
19	27		violations, circumstances justifying enhancement of a penalty and
20	28		the amount of the enhancement, and circumstances justifying a
21	29		reduction in a penalty and the amount of the reduction. The
22	30		guidelines shall take into account:
23	31		(1) the person's history of previous violations of
24	32		Section 121.201 or a safety standard or other rule prescribed or
25	33		adopted under this subchapter [that section], including the number
26	34		of previous violations;
27	35		(2) the seriousness of the violation and of any
28	36		pollution resulting from the violation;
29	37		(3) any hazard to the health or safety of the public;
30	38		(4) the degree of culpability;
31	39		(5) the demonstrated good faith of the person charged;
32	40		and
33	41		(6) any other factor the commission considers
34	42		relevant.
35	43		SECTION 2. Subchapter E, Chapter 121, Utilities Code, is
36	44		amended by adding Section 121.213 to read as follows:
37	45		Sec. 121.213. INSTALLATION, REMOVAL, AND REPLACEMENT OF
38	46		CERTAIN PIPELINES. (a) In this section, "distribution gas
39	47		pipeline facility" means a pipeline facility that distributes
40	48		natural gas directly to end-use customers.
41	49		(b) A distribution gas pipeline facility operator may not
42	50		install as part of the operator's underground system a cast iron,
43	51		wrought iron, or bare steel pipeline.
44	52		(c) The railroad commission by rule shall require the
45	53		operator of a distribution gas pipeline facility system to:
46	54		(1) develop and implement a risk-based program for the
47	55		removal or replacement of underground distribution gas pipeline
48	56		facilities; and
49	57		(2) annually remove or replace at least eight percent
50	58		of underground distribution gas pipeline facilities posing the
51	59		greatest risk in the system and identified for replacement under
52	60		the program.
53	61		(d) A distribution gas pipeline facility operator shall
54	62		replace any known cast iron pipelines installed as part of the
55	63		operator's underground system not later than December 31, 2021.
56	64		(e) Subsection (d) and this subsection expire September 1,
57	65		2023.
58	66		SECTION 3. The Railroad Commission of Texas shall adopt any
59	67		rules necessary to implement the changes in law made by this Act not
60	68		later than December 31, 2019.
61	69		SECTION 4. This Act takes effect immediately if it receives
62	70		a vote of two-thirds of all the members elected to each house, as
63	71		provided by Section 39, Article III, Texas Constitution. If this
64	72		Act does not receive the vote necessary for immediate effect, this
65	73		Act takes effect September 1, 2019.
66		-	______________________________ ______________________________
67		-	President of the Senate Speaker of the House
68		-	I certify that H.B. No. 866 was passed by the House on May 3,
69		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
70		-	voting.
71		-	______________________________
72		-	Chief Clerk of the House
73		-	I certify that H.B. No. 866 was passed by the Senate on May
74		-	19, 2019, by the following vote: Yeas 28, Nays 3.
75		-	______________________________
76		-	Secretary of the Senate
77		-	APPROVED: _____________________
78		-	Date
79		-	_____________________
80		-	Governor
	74	+	* * * * *