Bill Text: TX SB2099 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the authority of the Railroad Commission of Texas to enforce requirements for the prevention of damage to interstate and intrastate underground facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-25 - No action taken in committee [SB2099 Detail]
Download: Texas-2017-SB2099-Introduced.html
85R12546 JXC-F | ||
By: Hall | S.B. No. 2099 |
|
||
|
||
relating to the authority of the Railroad Commission of Texas to | ||
enforce requirements for the prevention of damage to interstate and | ||
intrastate underground facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 251, Utilities Code, is | ||
amended by adding Section 251.0021 to read as follows: | ||
Sec. 251.0021. RAILROAD COMMISSION AUTHORITY. (a) For the | ||
purposes of 49 U.S.C. Section 60101 et seq., the Railroad | ||
Commission of Texas is responsible for statewide enforcement of | ||
this state's requirements for the prevention of damage to | ||
interstate and intrastate underground facilities, as authorized | ||
under Section 756.126, Health and Safety Code, Section 117.012, | ||
Natural Resources Code, and Section 121.201, Utilities Code. | ||
(b) The authority described in Subsection (a) is in addition | ||
to the authority granted to county attorneys, district attorneys, | ||
and the board of directors of the corporation under Subchapter E. | ||
SECTION 2. Section 756.126, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The | ||
Railroad Commission of Texas shall adopt and enforce rules | ||
prescribing safety standards and best practices, including those | ||
described by 49 U.S.C. Section 6105 et seq., relating to the | ||
prevention of damage by a person to a facility, including an | ||
interstate or intrastate pipeline facility, under the jurisdiction | ||
of the commission. | ||
SECTION 3. Section 117.012, Natural Resources Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The commission shall adopt rules that include: | ||
(1) safety standards applicable to the intrastate | ||
transportation of hazardous liquids or carbon dioxide by pipeline | ||
and intrastate hazardous liquid or carbon dioxide pipeline | ||
facilities; and | ||
(2) [ |
||
prevention of damage to interstate and intrastate hazardous liquid | ||
or carbon dioxide pipeline facilities [ |
||
from the movement of earth by a person in the vicinity of such a | ||
[ |
||
a depth of 16 inches. | ||
(a-1) Rules adopted under Subsection (a) [ |
||
that apply to the intrastate transportation of hazardous liquids | ||
and carbon dioxide by gathering pipelines in rural locations and | ||
intrastate hazardous liquid and carbon dioxide gathering pipeline | ||
facilities in rural locations must be based only on the risks the | ||
transportation and the facilities present to the public safety, | ||
except that the commission shall revise the rules as necessary to | ||
comply with Subsection (c) and to maintain the maximum degree of | ||
federal delegation permissible under 49 U.S.C. Section 60101 et | ||
seq., or a succeeding law, if the federal government adopts rules | ||
that include safety standards applicable to the transportation and | ||
facilities. | ||
SECTION 4. Section 121.201(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) The railroad commission may: | ||
(1) by rule prescribe or adopt safety standards for | ||
the transportation of gas and for gas pipeline facilities, | ||
including safety standards related to the prevention of damage to | ||
an interstate or intrastate gas pipeline [ |
||
resulting from the movement of earth by a person in the vicinity of | ||
the facility, other than movement by tillage that does not exceed a | ||
depth of 16 inches; | ||
(2) by rule require an operator that does not file | ||
operator organization information under Section 91.142, Natural | ||
Resources Code, to provide the information to the commission in the | ||
form of an application; | ||
(3) by rule require record maintenance and reports; | ||
(4) inspect records and facilities to determine | ||
compliance with safety standards prescribed or adopted under | ||
Subdivision (1); | ||
(5) make certifications and reports from time to time; | ||
(6) seek designation by the United States secretary of | ||
transportation as an agent to conduct safety inspections of | ||
interstate gas pipeline facilities located in this state; | ||
(7) by rule take any other requisite action in | ||
accordance with 49 U.S.C. Section 60101 et seq. and its subsequent | ||
amendments or a succeeding law; and | ||
(8) by rule establish safety standards and practices | ||
for gathering facilities and transportation activities in Class 1 | ||
locations, as defined by 49 C.F.R. Section 192.5: | ||
(A) based only on the risks the facilities and | ||
activities present to the public safety, to the extent consistent | ||
with federal law; or | ||
(B) as necessary to maintain the maximum degree | ||
of federal delegation permissible under 49 U.S.C. Section 60101 et | ||
seq., or a succeeding law, if the federal government adopts safety | ||
standards and practices for gathering facilities and | ||
transportation activities in Class 1 locations, as defined by 49 | ||
C.F.R. Section 192.5. | ||
SECTION 5. This Act takes effect September 1, 2017. |