H.B. No. 1967

	AN ACT
	relating to the regulation as common carriers of certain owners,
	operators, or managers of pipelines for the transportation of
	feedstock for carbon gasification, the products of carbon
	gasification, or the derivative products of carbon gasification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 111.002, Natural Resources Code, is
	amended to read as follows:
	Sec. 111.002.  COMMON CARRIERS UNDER CHAPTER.  A person is a
	common carrier subject to the provisions of this chapter if it:
	(1)  owns, operates, or manages a pipeline or any part
	of a pipeline in the State of Texas for the transportation of crude
	petroleum to or for the public for hire, or engages in the business
	of transporting crude petroleum by pipeline;
	(2)  owns, operates, or manages a pipeline or any part
	of a pipeline in the State of Texas for the transportation of crude
	petroleum to or for the public for hire and the pipeline is
	constructed or maintained on, over, or under a public road or
	highway, or is an entity in favor of whom the right of eminent
	domain exists;
	(3)  owns, operates, or manages a pipeline or any part
	of a pipeline in the State of Texas for the transportation of crude
	petroleum to or for the public for hire which is or may be
	constructed, operated, or maintained across, on, along, over, or
	under the right-of-way of a railroad, corporation, or other common
	carrier required by law to transport crude petroleum as a common
	carrier;
	(4)  under lease, contract of purchase, agreement to
	buy or sell, or other agreement or arrangement of any kind, owns,
	operates, manages, or participates in ownership, operation, or
	management of a pipeline or part of a pipeline in the State of Texas
	for the transportation of crude petroleum, bought of others, from
	an oil field or place of production within this state to any
	distributing, refining, or marketing center or reshipping point
	within this state;
	(5)  owns, operates, or manages, wholly or partially,
	pipelines for the transportation for hire of coal in whatever form
	or of any mixture of substances including coal in whatever form;
	[or]
	(6)  owns, operates, or manages, wholly or partially,
	pipelines for the transportation of carbon dioxide or hydrogen in
	whatever form to or for the public for hire, but only if such person
	files with the commission a written acceptance of the provisions of
	this chapter expressly agreeing that, in consideration of the
	rights acquired, it becomes a common carrier subject to the duties
	and obligations conferred or imposed by this chapter; or
	(7)  owns, operates, or manages a pipeline or any part
	of a pipeline in the State of Texas for the transportation of
	feedstock for carbon gasification, the products of carbon
	gasification, or the derivative products of carbon gasification, in
	whatever form, to or for the public for hire, but only if the person
	files with the commission a written acceptance of the provisions of
	this chapter expressly agreeing that, in consideration of the
	rights acquired, it becomes a common carrier subject to the duties
	and obligations conferred or imposed by this chapter.
	SECTION 2.  Section 111.013, Natural Resources Code, is
	amended to read as follows:
	Sec. 111.013.  CONTROL OF PIPELINES.  A pipeline subject to
	the provisions of this chapter not exempt under Section 111.003 [of
	this code], which is used in connection with the business of
	purchasing or purchasing and selling crude petroleum, or in the
	business of transporting coal, carbon dioxide, [or] hydrogen,
	feedstock for carbon gasification, the products of carbon
	gasification, or the derivative products of carbon gasification in
	whatever form by pipeline for hire in Texas, shall be operated as a
	common carrier and shall be subject to the jurisdiction of the
	commission.
	SECTION 3.  This Act takes effect September 1, 2007.
	____________________________________________________________
	President of the SenateSpeaker of the House
	I certify that H.B. No. 1967 was passed by the House on March
	27, 2007, by the following vote:  Yeas 136, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1967 was passed by the Senate on April
	19, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	APPROVED:  _____________________
	Date
	_____________________
	Governor