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  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