83R7054 JAM-F
	By: Paddie	H.B. No. 1792

	A BILL TO BE ENTITLED
	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.  Section 91.251(1), 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.  Section 91.252(b), 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.  Section 117.001(2), 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.  Section 117.011(a), 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.  Section 117.012(c), 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.  Section 117.013(a), 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.  Section 211.001(3), 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.  Section 211.002(c), 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.  Section 211.012(a), 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.  Sections 121.201(a), (b), and (c), 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.  Section 26.344(c), 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.