Bill Text: TX HB2406 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the installation, maintenance, operation, and relocation of saltwater pipeline facilities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB2406 Detail]
Download: Texas-2013-HB2406-Comm_Sub.html
83R22171 JXC-D | |||
By: Wu | H.B. No. 2406 | ||
Substitute the following for H.B. No. 2406: | |||
By: Lozano | C.S.H.B. No. 2406 |
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relating to the installation, maintenance, operation, and | ||
relocation of saltwater pipeline facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 91, Natural Resources Code, is amended | ||
by adding Subchapter T to read as follows: | ||
SUBCHAPTER T. SALTWATER PIPELINES | ||
Sec. 91.901. DEFINITIONS. In this subchapter: | ||
(1) "Saltwater pipeline facility" means a pipeline | ||
facility that conducts water containing salt and other substances | ||
produced during drilling or operating an oil, gas, or other type of | ||
well. The term includes a pipeline facility that conducts flowback | ||
and produced water from an oil or gas well on which a hydraulic | ||
fracturing treatment has been performed to an oil and gas waste | ||
disposal well for disposal. | ||
(2) "Saltwater pipeline operator" means a person who | ||
owns, installs, manages, operates, leases, or controls a saltwater | ||
pipeline facility: | ||
Sec. 91.902. PIPELINE ON PUBLIC ROAD. A saltwater pipeline | ||
operator is entitled to install, maintain, and operate a saltwater | ||
pipeline facility through, under, along, across, or over a public | ||
road only if: | ||
(1) the pipeline facility complies with applicable | ||
rules adopted by the Texas Transportation Commission and applicable | ||
county and municipal regulations regarding the accommodation of | ||
utility facilities on a public road or right-of-way, including | ||
regulations relating to the horizontal or vertical placement of the | ||
pipeline facility; | ||
(2) the saltwater pipeline operator ensures that the | ||
public road and associated facilities are promptly restored to | ||
their former condition of usefulness after the installation or | ||
maintenance of the pipeline facility is complete; and | ||
(3) the saltwater pipeline operator leases the | ||
right-of-way or area in which the pipeline facility is installed | ||
and pays to the applicable governmental entity the fair market | ||
value of the operator's use of the right-of-way or area, unless the | ||
operator is authorized by other law to install, maintain, and | ||
operate the pipeline facility through, under, along, across, or | ||
over the public road. | ||
Sec. 91.903. RELOCATION OF SALTWATER PIPELINE FACILITY FOR | ||
CERTAIN PURPOSES. (a) Except as provided by Section 203.092, | ||
Transportation Code, the Texas Transportation Commission, the | ||
commissioners court of a county, or the governing body of a | ||
municipality, as applicable, may require a saltwater pipeline | ||
operator to relocate a saltwater pipeline facility at the cost of | ||
the saltwater pipeline operator to accommodate construction or | ||
expansion of a public road or for any other public work unless the | ||
saltwater pipeline operator has a property interest in the land | ||
occupied by the facility to be relocated. | ||
(b) The Texas Transportation Commission, the commissioners | ||
court of a county, or the governing body of a municipality, as | ||
applicable, shall give to the saltwater pipeline operator 30 days' | ||
written notice of the requirement. The notice must identify the | ||
pipeline facility to be relocated and indicate the approximate | ||
location on the new right-of-way where the saltwater pipeline | ||
operator may place the facility. | ||
Sec. 91.904. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
may not be construed to: | ||
(1) limit the authority of a saltwater pipeline | ||
facility to use a public right-of-way under any other law; or | ||
(2) affect the authority of a municipality to: | ||
(A) regulate the use of a public right-of-way by | ||
a saltwater pipeline operator under any other law; or | ||
(B) require payment of any applicable charge | ||
under Section 182.025, Tax Code. | ||
Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e), | ||
Local Government Code, and Sections 203.092, 224.008, and | ||
502.1981(c)(4), Transportation Code, apply to saltwater pipeline | ||
operators and saltwater pipeline facilities in the same manner as | ||
they apply to utilities and utility facilities. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |