This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 514
 
 
 
 
AN ACT
  relating to the installation, maintenance, operation, and
  relocation of saltwater pipeline facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 91, Natural Resources Code, is amended
  by adding Subchapter T to read as follows:
  SUBCHAPTER T. SALTWATER PIPELINES
         Sec. 91.901.  DEFINITIONS. In this subchapter:
               (1)  "Saltwater pipeline facility" means a pipeline
  facility that conducts water containing salt and other substances
  produced during drilling or operating an oil, gas, or other type of
  well. The term includes a pipeline facility that conducts flowback
  and produced water from an oil or gas well on which a hydraulic
  fracturing treatment has been performed to an oil and gas waste
  disposal well for disposal.
               (2)  "Saltwater pipeline operator" means a person who
  owns, installs, manages, operates, leases, or controls a saltwater
  pipeline facility.
         Sec. 91.902.  PIPELINE ON PUBLIC ROAD. A saltwater pipeline
  operator is entitled to install, maintain, and operate a saltwater
  pipeline facility through, under, along, across, or over a public
  road only if:
               (1)  the pipeline facility complies with applicable
  rules adopted by the Texas Transportation Commission and applicable
  county and municipal regulations regarding the accommodation of
  utility facilities on a public road or right-of-way, including
  regulations relating to the horizontal or vertical placement of the
  pipeline facility;
               (2)  the saltwater pipeline operator ensures that the
  public road and associated facilities are promptly restored to
  their former condition of usefulness after the installation or
  maintenance of the pipeline facility is complete; and
               (3)  the saltwater pipeline operator leases the
  right-of-way or area in which the pipeline facility is installed
  and pays to the applicable governmental entity the fair market
  value of the operator's use of the right-of-way or area, unless the
  operator is authorized by other law to install, maintain, and
  operate the pipeline facility through, under, along, across, or
  over the public road.
         Sec. 91.903.  RELOCATION OF SALTWATER PIPELINE FACILITY FOR
  CERTAIN PURPOSES. (a) Except as provided by Section 203.092,
  Transportation Code, the Texas Transportation Commission, the
  commissioners court of a county, or the governing body of a
  municipality, as applicable, may require a saltwater pipeline
  operator to relocate a saltwater pipeline facility at the cost of
  the saltwater pipeline operator to accommodate construction or
  expansion of a public road or for any other public work unless the
  saltwater pipeline operator has a property interest in the land
  occupied by the facility to be relocated.
         (b)  The Texas Transportation Commission, the commissioners
  court of a county, or the governing body of a municipality, as
  applicable, shall give to the saltwater pipeline operator 30 days'
  written notice of the requirement. The notice must identify the
  pipeline facility to be relocated and indicate the approximate
  location on the new right-of-way where the saltwater pipeline
  operator may place the facility.
         Sec. 91.904.  CONSTRUCTION OF SUBCHAPTER. This subchapter
  may not be construed to:
               (1)  limit the authority of a saltwater pipeline
  facility to use a public right-of-way under any other law;
               (2)  affect the authority of a municipality to:
                     (A)  regulate the use of a public right-of-way by
  a saltwater pipeline operator under any other law; or
                     (B)  require payment of any applicable charge
  under Section 182.025, Tax Code; or
               (3)  require a county or municipality to:
                     (A)  grant a right to a saltwater pipeline
  operator that applies to a public road or right-of-way and that is
  broader than the county's or municipality's legal interest in the
  public road or right-of-way; or
                     (B)  grant more than a surface right to a
  saltwater pipeline operator in a right-of-way acquired by
  prescription.
         Sec. 91.905.  APPLICATION OF OTHER LAW. Section 212.153(e),
  Local Government Code, and Sections 203.092, 224.008, and
  502.1981(c)(4), Transportation Code, apply to saltwater pipeline
  operators and saltwater pipeline facilities in the same manner as
  they apply to utilities and utility facilities.
         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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 514 passed the Senate on
  May 2, 2013, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 22, 2013, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 514 passed the House, with
  amendment, on May 17, 2013, by the following vote: Yeas 132,
  Nays 2, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor