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AN ACT
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relating to the installation, maintenance, or operation of natural |
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gas pipelines on state highways and highway and county road |
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rights-of-way. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 203, Transportation Code, |
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is amended by adding Section 203.096 to read as follows: |
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Sec. 203.096. NATURAL GAS PIPELINE IN RIGHT-OF-WAY. |
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(a) In this section, "gas utility" means: |
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(1) a gas utility as defined by Section 121.001 or |
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181.021, Utilities Code; or |
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(2) a person that: |
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(A) is a common carrier under Section 111.002, |
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Natural Resources Code; |
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(B) is a common purchaser under Section 111.081, |
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Natural Resources Code; or |
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(C) owns, manages, operates, leases, or controls |
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a gas pipeline facility that is subject to Section 121.201, |
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Utilities Code. |
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(b) This section applies only to a natural gas pipeline |
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located or proposed to be located in: |
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(1) a county in which a part of the Barnett Shale |
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natural gas field is known to be located; |
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(2) a county that is located in the boundaries of a |
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metropolitan planning organization; or |
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(3) the corporate limits of a municipality. |
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(c) A gas utility is entitled to lay, maintain, and operate |
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a natural gas pipeline through, under, along, or across a |
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controlled access highway, as defined by Section 203.001(1), only |
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if: |
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(1) the pipeline is subject to the jurisdiction, |
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control, and regulation of the Railroad Commission of Texas and |
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subject to safety standard requirements pertaining to gas pipeline |
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facilities and transmission lines for the transportation of gas; |
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(2) the pipeline complies with all applicable state |
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rules consistent with this section and all applicable federal |
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regulations on the accommodation of utility facilities on the |
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highway or right-of-way, including rules and regulations relating |
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to the horizontal and vertical location of the pipeline; and |
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(3) the highway and associated facilities are promptly |
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restored to their former condition of usefulness after the |
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installation or maintenance of the pipeline, as applicable, is |
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complete. |
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(d) Subject to Section 203.092, the department may require a |
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gas utility to relocate a facility at the cost of the gas utility to |
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accommodate construction or expansion of the highway or for any |
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other public work unless the gas utility has a property interest in |
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the land occupied by the facility to be relocated. |
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(e) This section may not be construed to: |
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(1) limit the authority of a gas utility to use a |
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public right-of-way under any other law; or |
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(2) affect the authority of a municipality to: |
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(A) regulate the use of a public right-of-way by |
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a gas utility under any other law; or |
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(B) require payment of any applicable charge |
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under Section 121.2025, Utilities Code, and Sections 182.025 and |
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182.026, Tax Code. |
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SECTION 2. Subchapter A, Chapter 251, Transportation Code, |
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is amended by adding Section 251.018 to read as follows: |
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Sec. 251.018. SUBSURFACE ACCESS IN RIGHT-OF-WAY. (a) A |
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county shall allow subsurface access to a county road right-of-way |
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for the installation of a temporary water line that does not |
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interfere with existing utilities located in the right-of-way. The |
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county may regulate the horizontal or vertical location of the |
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water line within the right-of-way. |
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(b) A county may not adopt or enforce an ordinance or |
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regulation that establishes or conflicts with a safety standard or |
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practice applicable to a temporary water line that is regulated |
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under state or federal law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 686 passed the Senate on |
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April 21, 2009, by the following vote: Yeas 30, Nays 0; |
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May 23, 2009, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 28, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 686 passed the House, with |
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amendments, on May 20, 2009, by the following vote: Yeas 143, |
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Nays 0, two present not voting; May 28, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 138, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |