H.B. No. 2982

	AN ACT
	relating to the power of the Railroad Commission of Texas to adopt
	and enforce safety standards applicable to the transportation by
	pipeline of hazardous liquids, carbon dioxide, and natural gas in
	rural locations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 117.011, Natural
	Resources Code, is amended to read as follows:
	Sec. 117.011.  JURISDICTION UNDER DELEGATED FEDERAL
	AUTHORITY.
	SECTION 2.  Sections 117.012(a), (b), and (h), Natural
	Resources Code, are amended to read as follows:
	(a)  The commission shall adopt rules that include safety
	standards [for and practices] applicable to the intrastate
	transportation of hazardous liquids or carbon dioxide by pipeline
	and intrastate hazardous liquid or carbon dioxide pipeline
	facilities, including safety standards related to the prevention of
	damage to such a facility resulting from the movement of earth by a
	person in the vicinity of the facility, other than movement by
	tillage that does not exceed a depth of 16 inches.  Rules adopted
	under this subsection that apply to the intrastate transportation
	of hazardous liquids and carbon dioxide by gathering pipelines in
	rural locations and intrastate hazardous liquid and carbon dioxide
	gathering pipeline facilities in rural locations must be based only
	on the risks the transportation and the facilities present to the
	public safety, except that the commission shall revise the rules as
	necessary to comply with Subsection (c) and to maintain the maximum
	degree of federal delegation permissible under 49 U.S.C. Section
	60101 et seq., or a succeeding law, if the federal government adopts
	rules that include safety standards applicable to the
	transportation and facilities.
	(b)  Rules that adopt safety standards do not apply to
	[movement of hazardous liquids or carbon dioxide through gathering
	lines in rural locations or] production, refining, or manufacturing
	facilities or storage or in-plant piping systems associated with
	any of those facilities.
	(h)  The commission shall require operators of hazardous
	liquid and carbon dioxide pipeline facilities or the [their]
	designated representatives of such operators to communicate and
	conduct liaison activities with fire, police, and other appropriate
	public emergency response officials. The liaison activities must
	be conducted by meetings in person except as provided by this
	section. An operator or the operator's representative may conduct
	required community liaison activities as provided by Subsection (i)
	only if the operator or the operator's representative has made an
	effort, by one of the following methods, to conduct a community
	liaison meeting in person with the officials:
	(1)  mailing a written request for a meeting in person
	to the appropriate officials by certified mail, return receipt
	requested;
	(2)  sending a request for a meeting in person to the
	appropriate officials by facsimile transmission; or
	(3)  making one or more telephone calls or e-mail
	message transmissions to the appropriate officials to request a
	meeting in person.
	SECTION 3.  The heading to Section 121.201, Utilities Code,
	is amended to read as follows:
	Sec. 121.201.  SAFETY RULES;[:] RAILROAD COMMISSION POWER
	UNDER DELEGATED FEDERAL AUTHORITY.
	SECTION 4.  Section 121.201(a), Utilities Code, is amended
	to read as follows:
	(a)  The railroad commission may:
	(1)  by rule prescribe or adopt safety standards for
	the transportation of gas and for gas pipeline facilities,
	including safety standards related to the prevention of damage to
	such a facility resulting from the movement of earth by a person in
	the vicinity of the facility, other than movement by tillage that
	does not exceed a depth of 16 inches;
	(2)  by rule require an operator that does not file
	operator organization information under Section 91.142, Natural
	Resources Code, to provide the information to the commission in the
	form of an application;
	(3)  by rule require record maintenance and reports;
	(4)  inspect records and facilities to determine
	compliance with safety standards prescribed or adopted under
	Subdivision (1);
	(5)  make certifications and reports from time to time;
	(6)  seek designation by the United States secretary of
	transportation as an agent to conduct safety inspections of
	interstate gas pipeline facilities located in this state; [and]
	(7)  by rule take any other requisite action in
	accordance with  49 U.S.C. Section 60101 et seq., or a succeeding
	law; and
	(8)  by rule establish safety standards and practices
	for gathering facilities and transportation activities in Class 1
	locations, as defined by 49 C.F.R. Section 192.5:
	(A)  based only on the risks the facilities and
	activities present to the public safety, to the extent consistent
	with federal law; or
	(B)  as necessary to maintain the maximum degree
	of federal delegation permissible under 49 U.S.C. Section 60101 et
	seq., or a succeeding law, if the federal government adopts safety
	standards and practices for gathering facilities and
	transportation activities in Class 1 locations, as defined by 49
	C.F.R. Section 192.5.
	SECTION 5.  Before September 1, 2015, the Railroad
	Commission of Texas may implement the changes in law made by this
	Act to Chapter 117, Natural Resources Code, or Chapter 121,
	Utilities Code, or rules adopted under those chapters, as amended
	by this Act, only:
	(1)  to provide a process for the commission to
	investigate an accident, an incident, a threat to public safety, or
	a complaint related to operational safety and to require an
	operator to submit a plan to remediate an accident, incident,
	threat, or complaint;
	(2)  to require reports necessary to allow the
	commission to investigate an accident, an incident, a threat to
	public safety, or a complaint related to operational safety; or
	(3)  to require operators to provide information to the
	commission that the commission determines is necessary to determine
	the risks presented to the public safety by:
	(A)  the intrastate transportation of hazardous
	liquids and carbon dioxide by gathering pipeline facilities in
	rural locations and intrastate hazardous liquid and carbon dioxide
	gathering pipeline facilities in rural locations; and
	(B)  gas gathering facilities and transportation
	activities in Class 1 locations, as defined by 49 C.F.R. Section
	192.5.
	SECTION 6.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2982 was passed by the House on May 8,
	2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2982 on May 22, 2013, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2982 on May 26, 2013, by the following vote:  Yeas 144,
	Nays 0, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2982 was passed by the Senate, with
	amendments, on May 20, 2013, by the following vote:  Yeas 31, Nays
	0; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2982 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor