Bill Text: TX HB2049 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to State Affairs [HB2049 Detail]
Download: Texas-2023-HB2049-Introduced.html
| 88R7101 ANG-F | ||
| By: Zwiener | H.B. No. 2049 | |
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| 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 governed 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, 2023. | ||
