S.B. No. 901
 
 
 
 
AN ACT
  relating to safety standards and practices applicable to the
  transportation by pipeline of certain substances.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (1), Section 91.251, Natural
  Resources Code, is amended to read as follows:
               (1)  "Intrastate gas pipeline facility" has the meaning
  assigned by the United States Department of Transportation under
  [Chapter 601, Title 49, United States Code (]49 U.S.C. Section
  60101 et seq.[),] and its subsequent amendments or a succeeding
  law.
         SECTION 2.  Subsection (b), Section 91.252, Natural
  Resources Code, is amended to read as follows:
         (b)  This subchapter does not apply to a storage facility
  that is:
               (1)  part of an interstate gas pipeline facility as
  defined by the United States Department of Transportation; and
               (2)  subject to federal minimum standards adopted under
  [Chapter 601, Title 49, United States Code (]49 U.S.C. Section
  60101 et seq.[),] and its subsequent amendments or a succeeding
  law.
         SECTION 3.  Subdivision (2), Section 117.001, Natural
  Resources Code, is amended to read as follows:
               (2)  "Hazardous liquid" means:
                     (A)  petroleum or any petroleum product; [and]
                     (B)  nonpetroleum fuel, including biofuel, that
  is flammable, toxic, or corrosive or would be harmful to the
  environment if released in significant quantities; and
                     (C)  a [any] substance or material, other than
  liquefied natural gas, [which is in liquid state, excluding
  liquefied natural gas, when transported by pipeline facilities and
  which has been] determined by the United States secretary of
  transportation to pose an unreasonable risk to life or property
  when transported by a hazardous liquid pipeline facility in a
  liquid state [pipeline facilities].
         SECTION 4.  Subsection (a), Section 117.011, Natural
  Resources Code, is amended to read as follows:
         (a)  The commission has jurisdiction over all pipeline
  transportation of hazardous liquids or carbon dioxide and over all
  hazardous liquid or carbon dioxide pipeline facilities as provided
  by 49 U.S.C. Section 60101 et seq. and its subsequent amendments or
  a succeeding law.
         SECTION 5.  Subsection (c), Section 117.012, Natural
  Resources Code, is amended to read as follows:
         (c)  The safety standards adopted by the commission in its
  rules must be compatible with those standards established by the
  United States secretary of transportation under 49 U.S.C. Section
  60101 et seq. and its subsequent amendments or a succeeding law [the
  Hazardous Liquid Pipeline Safety Act of 1979 (Pub.L.No. 96-129)].
         SECTION 6.  Subsection (a), Section 117.013, Natural
  Resources Code, is amended to read as follows:
         (a)  Each owner or operator of a pipeline engaged in the
  transportation of hazardous liquids or carbon dioxide within this
  state shall maintain records, make reports, and provide any
  information the commission may require under the jurisdiction
  granted by [the Hazardous Liquid Pipeline Safety Act of 1979
  (Pub.L.No. 96-129) and] this chapter and 49 U.S.C. Section 60101 et
  seq. and its subsequent amendments or a succeeding law.
         SECTION 7.  Section 117.015, Natural Resources Code, is
  amended to read as follows:
         Sec. 117.015.  COMPLIANCE WITH FEDERAL LAW. The commission
  shall make reports and certifications to the United States
  Department of Transportation and shall take any other actions
  necessary to comply with 49 U.S.C. Section 60101 et seq. and its
  subsequent amendments or a succeeding law [the Hazardous Liquid
  Pipeline Safety Act of 1979 (Pub.L.No. 96-129)].
         SECTION 8.  Subdivision (3), Section 211.001, Natural
  Resources Code, is amended to read as follows:
               (3)  "Salt dome storage of hazardous liquids" means the
  storage of a hazardous liquid in any salt formation or bedded salt
  formation storage facility, but does not include a facility that
  has been defined by the federal Department of Transportation as
  part of an interstate pipeline facility and that is subject to
  federal minimum standards adopted under 49 U.S.C. Section 60101 et
  seq. and its subsequent amendments or a succeeding law [the
  Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Section
  2001 et seq.)].
         SECTION 9.  Subsection (c), Section 211.002, Natural
  Resources Code, is amended to read as follows:
         (c)  "Safety standards or practices" means any regulation of
  an activity or facility covered by this chapter or that is
  incompatible with the safety standards or practices enacted or
  adopted by federal or state government pursuant to 49 U.S.C.
  Section 60101 et seq. and its subsequent amendments or a succeeding
  law [the Hazardous Liquid Pipeline Safety Act of 1979, as amended].
         SECTION 10.  Subsection (a), Section 211.012, Natural
  Resources Code, is amended to read as follows:
         (a)  The commission by rule shall adopt safety standards and
  practices for the salt dome storage of hazardous liquids and the
  facilities used for that purpose. Safety standards and practices
  adopted by the commission for a storage facility that is part of an
  intrastate pipeline facility, as defined by the federal Department
  of Transportation under 49 U.S.C. Section 60101 et seq. and its
  subsequent amendments or a succeeding law [the Hazardous Liquid
  Pipeline Safety Act of 1979 (49 U.S.C. Section 2001 et seq.)], must
  be compatible with federal minimum standards. The rules shall
  require:
               (1)  the installation and periodic testing of safety
  devices at a salt dome storage facility;
               (2)  the establishment of emergency notification
  procedures for the operator of a facility in the event of a release
  of a hazardous substance that poses a substantial risk to the
  public;
               (3)  fire prevention and response procedures;
               (4)  employee and third-party contractor safety
  training with respect to the operation of the facility; and
               (5)  other requirements that the commission finds
  necessary and reasonable for the safe construction, operation, and
  maintenance of salt dome storage facilities.
         SECTION 11.  Subsections (a), (b), and (c), Section 121.201,
  Utilities Code, are 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. and its subsequent
  amendments[,] or a succeeding law.
         (b)  The power granted by Subsection (a):
               (1)  does not apply to the transportation of gas or to
  gas facilities subject to the exclusive control of the United
  States but applies to the transportation of gas and gas pipeline
  facilities in this state to the maximum degree permissible under 49
  U.S.C. Section 60101 et seq. and its subsequent amendments[,] or a
  succeeding law; and
               (2)  is granted to provide exclusive state control over
  safety standards and practices applicable to the transportation of
  gas and gas pipeline facilities within the borders of this state to
  the maximum degree permissible under that law.
         (c)  A term that is used in this section and defined by
  [Chapter 601, Title 49, United States Code (]49 U.S.C. Section
  60101 et seq. and its subsequent amendments[),] or a succeeding law
  has the meaning assigned by that [chapter or the succeeding] law.
         SECTION 12.  Section 121.452, Utilities Code, is amended to
  read as follows:
         Sec. 121.452.  APPLICABILITY. This subchapter does not
  apply to:
               (1)  an extension of an existing sour gas pipeline
  facility that is in compliance with the railroad commission's rules
  for oil, gas, or geothermal resource operation in a hydrogen
  sulfide area if:
                     (A)  the extension is not longer than five miles;
                     (B)  the nominal pipe size is not larger than six
  inches in diameter; and
                     (C)  the railroad commission is given notice of
  the construction of the extension not later than 24 hours before the
  start of construction;
               (2)  a new or an extension of a low-pressure gathering
  system; or
               (3)  an interstate gas pipeline facility, as defined by
  49 U.S.C. Section 60101 and its subsequent amendments or a
  succeeding law, that is used for the transportation of sour gas.
         SECTION 13.  Subsection (c), Section 26.344, Water Code, is
  amended to read as follows:
         (c)  An interstate pipeline facility, including gathering
  lines, or an aboveground storage tank connected to such a facility
  is exempt from regulation under this subchapter if the pipeline
  facility is regulated under 49 U.S.C. Section 60101 et seq. and its
  subsequent amendments or a succeeding law[:
               [(1)     the Natural Gas Pipeline Safety Act of 1968 (49
  U.S.C. Section 1671 et seq.); or
               [(2)     the Hazardous Liquid Pipeline Safety Act of 1979
  (49 U.S.C. Section 2001 et seq.)].
         SECTION 14.  This Act takes effect September 1, 2013.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 901 passed the Senate on
  March 21, 2013, by the following vote:  Yeas 31, Nays 0;
  May 8, 2013, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 10, 2013, House
  granted request of the Senate; May 26, 2013, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 901 passed the House, with
  amendments, on May 2, 2013, by the following vote:  Yeas 147,
  Nays 0, two present not voting; May 10, 2013, House granted request
  of the Senate for appointment of Conference Committee;
  May 25, 2013, House adopted Conference Committee Report by the
  following vote:  Yeas 142, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor