Bill Text: TX SB2276 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the issuance of a permit by the Railroad Commission of Texas for the routing of certain oil or gas pipelines; establishing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-21 - Referred to Natural Resources & Economic Development [SB2276 Detail]

Download: Texas-2019-SB2276-Introduced.html
  2019S0385-1 03/07/19
 
  By: Buckingham S.B. No. 2276
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of a permit by the Railroad Commission of
  Texas for the routing of certain oil or gas pipelines; establishing
  a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 121, Utilities Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K. OIL OR GAS PIPELINE ROUTE PERMITS
         Sec. 121.551.  DEFINITION. In this subchapter, "commission"
  means the Railroad Commission of Texas.
         Sec. 121.552.  APPLICABILITY. (a)  This chapter applies
  only to a pipeline that transports gas or petroleum and is owned,
  operated, or managed by:
               (1)  a gas corporation described by Chapter 181; or
               (2)  a common carrier described by Section 111.002,
  Natural Resources Code.
         (b)  This chapter does not apply to a pipeline:
               (1)  the routing of which is subject solely to the
  jurisdiction of a federal agency;
               (2)  that is a gas distribution pipeline facility; or
               (3)  that is a sour gas pipeline facility, as defined by
  Section 121.451.
         Sec. 121.553.  ROUTE PERMIT; MANDAMUS. (a)  A person may
  not begin construction of a pipeline before the person obtains a
  permit from the commission authorizing the route of the pipeline.
         (b)  The commission may approve an application and grant a
  permit only if the commission determines that the route of the
  pipeline is reasonable and that it moderates the negative effects
  on affected communities and landowners after consideration of all
  relevant factors, including:
               (1)  community values;
               (2)  recreational and park areas;
               (3)  historical and aesthetic values; and
               (4)  environmental integrity.
         (c)  The commission may:
               (1)  grant the permit as requested;
               (2)  grant the permit for the construction of a portion
  of the requested pipeline; or
               (3)  deny the permit.
         (d)  The commission must grant or deny a permit not later
  than the first anniversary of the date the application for the
  permit is filed. If the commission does not grant or deny the
  permit on or before that date, the applicant may seek a writ of
  mandamus in a district court of Travis County to compel the
  commission to take action under Subsection (c).
         Sec. 121.554.  NOTICE OF PIPELINE ROUTE. (a)  Before filing
  an application under this subchapter, a person seeking a permit
  authorizing the route of a pipeline must:
               (1)  publish, in a conspicuous form and place, notice
  to the public of the proposed route for the pipeline once each week
  for four successive weeks in a newspaper having general circulation
  in each county containing territory affected by the route; and
               (2)  mail notice of the proposed route to any other
  affected person, as determined by commission rule.
         (b)  The commission shall adopt rules concerning the public
  notice required by Subsection (a).
         (c)  The commission may not grant an application for a permit
  authorized by this subchapter if the public notice required by
  Subsection (a) has not been completed.
         Sec. 121.555.  CONTESTED CASES. The commission shall
  provide for contested case hearings concerning the granting,
  partial granting, or denial of a permit authorizing the route of a
  pipeline. The commission shall ensure that affected parties have
  an opportunity to intervene in and present evidence and argument in
  a hearing under this section.
         Sec. 121.556.  ADMINISTRATIVE REVIEW. (a)  The commission
  may approve an application for a permit authorizing the route of a
  pipeline without a hearing if:
               (1)  at least 60 days have passed since the completion
  of all notice requirements under Section 121.554(a);
               (2)  the matter is uncontested or has been fully
  stipulated so that there are no issues of material fact or law
  disputed by any party; and
               (3)  the commission finds that:
                     (A)  no hearing is necessary; and
                     (B)  administrative review is warranted. 
         (b)  Nothing in this section shall be construed to alter any
  notice requirement imposed on any proceeding by statute, rule, or
  order.
         (c)  Nothing in this section shall be construed to alter any
  time limit imposed on any proceeding by a statute, rule, or order.
         Sec. 121.557.  PIPELINE ROUTE AND REGULATORY FEES. The
  commission shall by rule adopt a fee to be assessed on a person
  seeking a permit authorized by this subchapter to defray the costs
  associated with the review and approval of routing applications.
         SECTION 2.  The Railroad Commission of Texas shall adopt the
  rules necessary to implement Subchapter K, Chapter 121, Utilities
  Code, as added by this Act, not later than January 1, 2020.
         SECTION 3.  This Act takes effect September 1, 2019.
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