Bill Text: TX HB2748 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to judicial proceedings and Railroad Commission of Texas hearings to determine whether a person who owns, operates, or manages a pipeline is a common carrier; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-06 - Committee report sent to Calendars [HB2748 Detail]
Download: Texas-2013-HB2748-Comm_Sub.html
83R21363 E | |||
By: Lewis, Crownover, King of Zavala, | H.B. No. 2748 | ||
Raymond, Darby | |||
Substitute the following for H.B. No. 2748: | |||
By: Raymond | C.S.H.B. No. 2748 |
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relating to judicial proceedings and Railroad Commission of Texas | ||
hearings to determine whether a person who owns, operates, or | ||
manages a pipeline is a common carrier; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 135 to read as follows: | ||
CHAPTER 135. COMMON CARRIER DETERMINATION | ||
Sec. 135.001. COMMON CARRIER DETERMINATION. (a) A permit | ||
granted under Subchapter B-1, Chapter 111, Natural Resources Code, | ||
is a conclusive determination for the purposes of a judicial | ||
proceeding that the permit holder is a common carrier, as defined by | ||
the laws of this state. | ||
(b) This section does not apply to an appeal described by | ||
Section 111.048(f), Natural Resources Code. | ||
SECTION 2. Chapter 111, Natural Resources Code, is amended | ||
by adding Subchapter B-1 to read as follows: | ||
SUBCHAPTER B-1. COMMON CARRIER DETERMINATION | ||
Sec. 111.041. COMMON CARRIER STATUS. (a) A person who | ||
owns, operates, or manages a pipeline is not conclusively | ||
determined to be a common carrier, as defined by the laws of this | ||
state, for the purposes of a judicial proceeding unless the person | ||
holds a permit issued under this subchapter. A permit issued under | ||
this subchapter is a conclusive determination for the purposes of a | ||
judicial proceeding, other than a judicial proceeding described by | ||
Section 111.048(f), that the permit holder is a common carrier, as | ||
defined by the laws of this state. | ||
(b) A permit to operate a pipeline issued by the commission | ||
that does not comply with this subchapter must state that the | ||
commission has not made a conclusive determination that the permit | ||
holder is a common carrier, as defined by the laws of this state. | ||
Sec. 111.042. STATUS APPLICATION. (a) A person who owns, | ||
operates, or manages a pipeline and who seeks a conclusive | ||
determination under this subchapter that the person is a common | ||
carrier must submit to the commission an application for the | ||
determination on a form specified by the commission that includes | ||
evidence required by the commission to show that the applicant | ||
qualifies as a common carrier. | ||
(b) The application must be accompanied by a reasonable fee | ||
established by commission rule to cover the costs of administering | ||
this subchapter but not to exceed $2,500. | ||
(c) The commission shall provide to the applicant notice | ||
that the commission has received the application and shall include | ||
with the notice a proposed location, date, and time for a hearing on | ||
the application. The proposed hearing date must be not earlier than | ||
the 35th day and not later than the 56th day after the date the | ||
commission sends the notice. | ||
Sec. 111.043. NOTICE. (a) After the commission provides | ||
notice under Section 111.042(c), the applicant shall: | ||
(1) publish notice of the application for two | ||
consecutive weeks in a newspaper of general circulation in each | ||
county in which a portion of the pipeline may be located; | ||
(2) mail or deliver notice of the application to the | ||
county clerk or municipal secretary of each county and municipality | ||
in which a portion of the pipeline may be located not later than the | ||
last day of the newspaper publication required by Subdivision (1); | ||
(3) provide Internet access to the text of the | ||
application if no other entity provides the access not later than | ||
the last day of the newspaper publication required by Subdivision | ||
(1); and | ||
(4) file with the commission proof of compliance with | ||
the publication requirement of Subdivision (1) and an affidavit | ||
attesting that the applicant has complied with the notice | ||
requirements of Subdivisions (2) and (3). | ||
(b) The notice of the application must include: | ||
(1) the proposed location, date, and time of the | ||
hearing on the application, a statement that the proposed location, | ||
date, and time are subject to change, and a statement that a person | ||
may contact the commission to determine whether the proposed | ||
location, date, or time has been changed; | ||
(2) a description of the point of origin and point of | ||
destination of the pipeline; | ||
(3) a list of each county and municipality in which a | ||
portion of the pipeline may be located; | ||
(4) the Internet address at which the text of the | ||
application can be viewed; | ||
(5) a description of the procedure for protesting the | ||
application, including the protest deadline provided under Section | ||
111.044; and | ||
(6) a statement that the purpose of the hearing is to | ||
determine whether the applicant is a common carrier, as defined by | ||
the laws of this state, and not to determine the route of the | ||
proposed pipeline. | ||
Sec. 111.044. PROTESTS. (a) A person may file a protest | ||
with the commission of an application submitted under this | ||
subchapter if the person: | ||
(1) owns land in a county in which a portion of the | ||
pipeline may be located; | ||
(2) is a county or municipality in which a portion of | ||
the pipeline may be located; or | ||
(3) is a commission staff member. | ||
(b) A protest must be filed not later than the 21st day after | ||
the last day of the newspaper publication required by Section | ||
111.043(a)(1). | ||
Sec. 111.045. HEARINGS EXAMINER. The commission shall | ||
designate a hearings examiner to: | ||
(1) review applications without a hearing under | ||
Section 111.046; and | ||
(2) conduct hearings on applications under Section | ||
111.047. | ||
Sec. 111.046. ADMINISTRATIVE REVIEW. The hearings examiner | ||
may review an application without a hearing if: | ||
(1) the commission does not receive a protest of the | ||
application under Section 111.044 before the deadline provided by | ||
Subsection (b) of that section; | ||
(2) commission staff has reviewed the application and | ||
stipulated that there are no disputed issues of fact or law | ||
regarding the application; and | ||
(3) the hearings examiner finds that a hearing is | ||
unnecessary and that administrative review is warranted. | ||
Sec. 111.047. HEARING. (a) Except as provided by | ||
Subsection (b), if Section 111.046 does not apply, the hearings | ||
examiner shall hold a hearing on the application at the proposed | ||
location, date, and time specified in the notice provided under | ||
Section 111.042(c). | ||
(b) If the applicant publishes the newspaper notice | ||
required by Section 111.043(a)(1) for two consecutive weeks the | ||
last day of which falls on a day that is less than 21 days before the | ||
proposed hearing date specified in the notice provided under | ||
Section 111.042(c), the hearings examiner shall hold the hearing on | ||
a date that is at least 21 days after the last day of the newspaper | ||
publication. | ||
(c) The commission shall provide notice of the hearing | ||
location, date, and time to the applicant and each person who filed | ||
a protest under Section 111.044. | ||
(d) The purpose of the hearing is to determine whether the | ||
applicant is a common carrier, as defined by the laws of this state, | ||
and not to determine the route of the proposed pipeline. | ||
Sec. 111.048. PERMIT; PROPOSAL FOR DECISION; COMMISSION | ||
ORDER. (a) The commission may approve an application and issue a | ||
permit to the applicant to operate in this state as a common carrier | ||
if the commission finds after administrative review or a hearing | ||
that the applicant is a common carrier, as defined by the laws of | ||
this state. | ||
(b) For an application reviewed by a hearings examiner | ||
without a hearing as authorized by Section 111.046, not later than | ||
the 40th day after the last day of the newspaper publication | ||
required by Section 111.043(a)(1): | ||
(1) the hearings examiner shall issue to the | ||
commission a recommended order containing findings of fact and | ||
conclusions of law; and | ||
(2) the commission shall issue an order approving or | ||
denying the application. | ||
(c) For an application for which a hearings examiner holds a | ||
hearing under Section 111.047, not later than the 40th day after the | ||
last day of the hearing: | ||
(1) the hearings examiner shall issue to the | ||
commission a proposal for decision containing findings of fact and | ||
conclusions of law; and | ||
(2) the commission shall issue an order approving or | ||
denying the application. | ||
(d) A commission order issued under this section must | ||
include: | ||
(1) a statement of findings of fact that includes the | ||
substance of the evidence presented at the hearing, if a hearing was | ||
held; and | ||
(2) conclusions of law that support the decision. | ||
(e) The commission may adopt, wholly or partly, or modify | ||
the findings of fact and conclusions of law in the proposal for | ||
decision. | ||
(f) A person may appeal a commission order issued under | ||
Subsection (b)(2) of this section in the manner provided by | ||
Subchapter G, Chapter 2001, Government Code. | ||
Sec. 111.049. COMMISSION AUTHORITY TO EXTEND DEADLINES. | ||
The commission may extend a deadline prescribed by Section 111.044, | ||
111.046, 111.047, or 111.048 for good cause. | ||
Sec. 111.050. RULES. The commission may adopt rules as | ||
necessary to implement this subchapter. | ||
SECTION 3. The changes in law made by this Act relating to a | ||
permit to operate a pipeline apply only to a permit the application | ||
for which is filed with the Railroad Commission of Texas on or after | ||
the effective date of this Act. A permit the application for which | ||
was filed before the effective date of this Act is governed by the | ||
law in effect on the date the application was filed, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2013. |