Bill Text: TX HB866 | 2019-2020 | 86th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the installation, removal, and replacement of certain gas pipelines; clarifying changes to related administrative penalties.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2019-06-02 - Effective immediately [HB866 Detail]
Download: Texas-2019-HB866-Engrossed.html
Bill Title: Relating to the installation, removal, and replacement of certain gas pipelines; clarifying changes to related administrative penalties.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2019-06-02 - Effective immediately [HB866 Detail]
Download: Texas-2019-HB866-Engrossed.html
By: Anchia, Turner of Tarrant, | H.B. No. 866 | |
Turner of Dallas, González of Dallas, |
|
||
|
||
relating to the installation, removal, and replacement of certain | ||
gas pipelines; 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 | ||
[ |
||
(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 [ |
||
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 121.213 to read as follows: | ||
Sec. 121.213. INSTALLATION, REMOVAL, AND REPLACEMENT OF | ||
CERTAIN PIPELINES. (a) In this section, "distribution gas | ||
pipeline facility" means a pipeline facility that distributes | ||
natural gas directly to end-use customers. | ||
(b) A distribution gas pipeline facility operator may not | ||
install as part of the operator's underground system a cast iron, | ||
wrought iron, or bare steel pipeline. | ||
(c) The railroad commission by rule shall require the | ||
operator of a distribution gas pipeline facility system to: | ||
(1) develop and implement a risk-based program for the | ||
removal or replacement of underground distribution gas pipeline | ||
facilities; and | ||
(2) annually remove or replace at least eight percent | ||
of underground distribution gas pipeline facilities posing the | ||
greatest risk in the system and identified for replacement under | ||
the program. | ||
(d) A distribution gas pipeline facility operator shall | ||
replace any known cast iron pipelines installed as part of the | ||
operator's underground system not later than December 31, 2021. | ||
(e) Subsection (d) and this subsection expire September 1, | ||
2023. | ||
SECTION 3. The Railroad Commission of Texas shall adopt any | ||
rules necessary to implement the changes in law made by this Act not | ||
later than December 31, 2019. | ||
SECTION 4. 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, 2019. |