H.B. No. 2289
 
 
 
 
AN ACT
  relating to the authority of a gas corporation to use a public
  right-of-way along a railroad, a railroad right-of-way, an
  interurban railroad, or a street railroad.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 181.005(a), Utilities Code, is amended
  to read as follows:
         (a)  A gas corporation has the right to lay and maintain
  lines over, along, under, and across a public road, [a railroad,
  railroad right-of-way,] an interurban railroad, a street railroad,
  a canal or stream, or a municipal street or alley and over, under,
  and across a railroad or a railroad right-of-way only if:
               (1)  the pipeline complies with:
                     (A)  all safety regulations adopted by the
  Railroad Commission of Texas and all federal regulations relating
  to pipeline facilities and pipelines; and
                     (B)  all rules adopted by the Texas Department of
  Transportation or the Railroad Commission of Texas and all federal
  regulations regarding the accommodation of utility facilities on a
  right-of-way, including regulations relating to the horizontal or
  vertical placement of the pipeline; and
               (2)  the owner or operator of the pipeline ensures that
  the public right-of-way and any associated facility are promptly
  restored to their former condition of usefulness after the
  installation or maintenance of the pipeline.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2289 was passed by the House on April
  26, 2011, by the following vote:  Yeas 148, Nays 0, 2 present, not
  voting.
 
  ______________________________
 
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2289 was passed by the Senate on May
  19, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor