Bill Text: TX HB863 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to gas pipeline operator reporting of pipeline incidents; clarifying changes to related administrative penalties.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-02-25 - Referred to Energy Resources [HB863 Detail]

Download: Texas-2019-HB863-Introduced.html
  86R2566 BRG-D
 
  By: Anchia H.B. No. 863
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to gas pipeline operator reporting of pipeline incidents;
  clarifying changes to related administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 121.206(a) and (d), Utilities Code, are
  amended to read as follows:
         (a)  The railroad commission may assess an administrative
  penalty against a person who violates Section 121.201 or a safety
  standard or other rule prescribed or adopted under this subchapter
  [that section].
         (d)  The railroad commission by rule shall adopt guidelines
  to be used in determining the amount of a penalty under this
  subchapter. The guidelines shall include a penalty calculation
  worksheet that specifies the typical penalty for certain
  violations, circumstances justifying enhancement of a penalty and
  the amount of the enhancement, and circumstances justifying a
  reduction in a penalty and the amount of the reduction. The
  guidelines shall take into account:
               (1)  the person's history of previous violations of
  Section 121.201 or a safety standard or other rule prescribed or
  adopted under this subchapter [that section], including the number
  of previous violations;
               (2)  the seriousness of the violation and of any
  pollution resulting from the violation;
               (3)  any hazard to the health or safety of the public;
               (4)  the degree of culpability;
               (5)  the demonstrated good faith of the person charged;
  and
               (6)  any other factor the commission considers
  relevant.
         SECTION 2.  Subchapter E, Chapter 121, Utilities Code, is
  amended by adding Section 121.214 to read as follows:
         Sec. 121.214.  PIPELINE INCIDENT NOTIFICATION. (a)  The
  railroad commission by rule shall require a distribution gas
  pipeline facility operator to notify the commission of each event
  involving a release of gas from its pipelines that results in one or
  more of the following consequences:
               (1)  a death or a personal injury necessitating
  inpatient hospitalization;
               (2)  estimated property damage of $50,000 or more,
  including loss to the operator, loss to others, or both, but
  excluding cost of gas lost; or
               (3)  unintentional estimated gas loss of three million
  cubic feet or more.
         (b)  The rules must require that the distribution gas
  pipeline facility operator notify the commission of an event before
  the expiration of two hours following the operator's discovery of
  the event.
         SECTION 3.  The Railroad Commission of Texas shall adopt the
  rules required by Section 121.214, Utilities Code, as added by this
  Act, not later than December 31, 2019.
         SECTION 4.  This Act takes effect September 1, 2019.
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