| 1 | 1 | | 88R7101 ANG-F |
|---|
| 2 | 2 | | By: Zwiener H.B. No. 2049 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the issuance of a permit by the Public Utility |
|---|
| 8 | 8 | | Commission of Texas for the routing of certain oil or gas pipelines; |
|---|
| 9 | 9 | | authorizing administrative penalties. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. The Utilities Code is amended by adding Title 7 |
|---|
| 12 | 12 | | to read as follows: |
|---|
| 13 | 13 | | TITLE 7. PIPELINE REGULATION |
|---|
| 14 | 14 | | CHAPTER 351. OIL OR GAS PIPELINE ROUTE PERMITS |
|---|
| 15 | 15 | | Sec. 351.0101. DEFINITION. In this chapter, "commission" |
|---|
| 16 | 16 | | means the Public Utility Commission of Texas. |
|---|
| 17 | 17 | | Sec. 351.0102. APPLICABILITY. (a) This chapter applies |
|---|
| 18 | 18 | | only to a pipeline that transports gas or petroleum and is owned, |
|---|
| 19 | 19 | | operated, or managed by: |
|---|
| 20 | 20 | | (1) a gas corporation governed by Chapter 181; or |
|---|
| 21 | 21 | | (2) a common carrier subject to Chapter 111, Natural |
|---|
| 22 | 22 | | Resources Code. |
|---|
| 23 | 23 | | (b) This chapter does not apply to a pipeline: |
|---|
| 24 | 24 | | (1) the routing of which is subject solely to the |
|---|
| 25 | 25 | | jurisdiction of a federal agency; |
|---|
| 26 | 26 | | (2) that is a gas distribution pipeline facility; or |
|---|
| 27 | 27 | | (3) that is a sour gas pipeline facility, as defined by |
|---|
| 28 | 28 | | Section 121.451. |
|---|
| 29 | 29 | | Sec. 351.0103. ROUTE PERMIT; MANDAMUS. (a) A person may |
|---|
| 30 | 30 | | not begin construction of a pipeline before the person obtains from |
|---|
| 31 | 31 | | the commission a permit that authorizes the route of the pipeline. |
|---|
| 32 | 32 | | (b) The commission may approve an application and grant a |
|---|
| 33 | 33 | | permit only if the commission determines that the route of the |
|---|
| 34 | 34 | | pipeline, if reasonable, moderates negative effects on the affected |
|---|
| 35 | 35 | | community and landowners after consideration of: |
|---|
| 36 | 36 | | (1) community values; |
|---|
| 37 | 37 | | (2) recreational and park areas; |
|---|
| 38 | 38 | | (3) historical and aesthetic values; |
|---|
| 39 | 39 | | (4) environmental integrity; |
|---|
| 40 | 40 | | (5) public safety; and |
|---|
| 41 | 41 | | (6) economic development. |
|---|
| 42 | 42 | | (c) The commission may: |
|---|
| 43 | 43 | | (1) grant the permit as requested; |
|---|
| 44 | 44 | | (2) grant the permit for the construction of a portion |
|---|
| 45 | 45 | | of the requested pipeline; or |
|---|
| 46 | 46 | | (3) deny the permit. |
|---|
| 47 | 47 | | (d) The commission must grant or deny a permit not later |
|---|
| 48 | 48 | | than the first anniversary of the date the application for the |
|---|
| 49 | 49 | | permit is filed. If the commission does not grant or deny the |
|---|
| 50 | 50 | | permit on or before that date, a party may seek a writ of mandamus in |
|---|
| 51 | 51 | | a district court of Travis County to compel the commission to take |
|---|
| 52 | 52 | | action under Subsection (c). |
|---|
| 53 | 53 | | Sec. 351.0104. ENFORCEMENT AND PENALTIES. (a) The |
|---|
| 54 | 54 | | commission and the attorney general may enforce the provisions of |
|---|
| 55 | 55 | | this chapter in the manner authorized for the judicial or |
|---|
| 56 | 56 | | administrative enforcement of a provision of Title 2 by Subchapter |
|---|
| 57 | 57 | | B, Chapter 15, including by imposing administrative penalties. |
|---|
| 58 | 58 | | (b) A person may complain to the commission about a claimed |
|---|
| 59 | 59 | | violation of a provision of this chapter in the manner provided by |
|---|
| 60 | 60 | | Section 15.051. |
|---|
| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|