By: Zwiener H.B. No. 37
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a permit by the Public Utility
Commission of Texas for the routing of certain oil or gas pipelines;
authorizing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Utilities Code is amended by adding Title 7
to read as follows:
TITLE 7. PIPELINE REGULATION
CHAPTER 351. OIL OR GAS PIPELINE ROUTE PERMITS
Sec. 351.0101. DEFINITION. In this chapter, "commission"
means the Public Utility Commission of Texas.
Sec. 351.0102. APPLICABILITY. (a) This chapter applies
only to a pipeline that transports gas or petroleum and is owned,
operated, or managed by:
(1) a gas corporation, as defined by Chapter 181; or
(2) a common carrier subject to Chapter 111, Natural
Resources Code.
(b) This chapter does not apply to a pipeline:
(1) the routing of which is subject solely to the
jurisdiction of a federal agency;
(2) that is a gas distribution pipeline facility; or
(3) that is a sour gas pipeline facility, as defined by
Section 121.451.
Sec. 351.0103. ROUTE PERMIT; MANDAMUS. (a) A person may
not begin construction of a pipeline before the person obtains from
the commission a permit that authorizes the route of the pipeline.
(b) The commission may approve an application and grant a
permit only if the commission determines that the route of the
pipeline, if reasonable, moderates negative effects on the affected
community and landowners after consideration of:
(1) community values;
(2) recreational and park areas;
(3) historical and aesthetic values;
(4) environmental integrity;
(5) public safety; and
(6) economic development.
(c) The commission may:
(1) grant the permit as requested;
(2) grant the permit for the construction of a portion
of the requested pipeline; or
(3) deny the permit.
(d) The commission must grant or deny a permit not later
than the first anniversary of the date the application for the
permit is filed. If the commission does not grant or deny the permit
on or before that date, a party may seek a writ of mandamus in a
district court of Travis County to compel the commission to take
action under Subsection (c).
Sec. 351.0104. ENFORCEMENT AND PENALTIES. (a) The
commission and the attorney general may enforce the provisions of
this chapter in the manner authorized for the judicial or
administrative enforcement of a provision of Title 2 by Subchapter
B, Chapter 15, including by imposing administrative penalties.
(b) A person may complain to the commission about a claimed
violation of a provision of this chapter in the manner provided by
Section 15.051.
SECTION 2. This Act takes effect September 1, 2021.