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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a permit by the Public Utility |
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Commission of Texas for the routing of certain oil or gas pipelines; |
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authorizing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Utilities Code is amended by adding Title 7 |
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to read as follows: |
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TITLE 7. PIPELINE REGULATION |
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CHAPTER 351. OIL OR GAS PIPELINE ROUTE PERMITS |
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Sec. 351.0101. DEFINITION. In this chapter, "commission" |
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means the Public Utility Commission of Texas. |
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Sec. 351.0102. APPLICABILITY. (a) This chapter applies |
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only to a pipeline that transports gas or petroleum and is owned, |
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operated, or managed by: |
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(1) a gas corporation governed by Chapter 181; or |
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(2) a common carrier subject to Chapter 111, Natural |
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Resources Code. |
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(b) This chapter does not apply to a pipeline: |
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(1) the routing of which is subject solely to the |
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jurisdiction of a federal agency; |
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(2) that is a gas distribution pipeline facility; or |
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(3) that is a sour gas pipeline facility, as defined by |
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Section 121.451. |
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Sec. 351.0103. ROUTE PERMIT; MANDAMUS. (a) A person may |
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not begin construction of a pipeline before the person obtains from |
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the commission a permit that authorizes the route of the pipeline. |
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(b) The commission may approve an application and grant a |
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permit only if the commission determines that the route of the |
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pipeline, if reasonable, moderates negative effects on the affected |
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community and landowners after consideration of: |
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(1) community values; |
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(2) recreational and park areas; |
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(3) historical and aesthetic values; |
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(4) environmental integrity; |
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(5) public safety; and |
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(6) economic development. |
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(c) The commission may: |
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(1) grant the permit as requested; |
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(2) grant the permit for the construction of a portion |
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of the requested pipeline; or |
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(3) deny the permit. |
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(d) The commission must grant or deny a permit not later |
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than the first anniversary of the date the application for the |
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permit is filed. If the commission does not grant or deny the |
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permit on or before that date, a party may seek a writ of mandamus in |
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a district court of Travis County to compel the commission to take |
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action under Subsection (c). |
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Sec. 351.0104. ENFORCEMENT AND PENALTIES. (a) The |
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commission and the attorney general may enforce the provisions of |
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this chapter in the manner authorized for the judicial or |
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administrative enforcement of a provision of Title 2 by Subchapter |
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B, Chapter 15, including by imposing administrative penalties. |
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(b) A person may complain to the commission about a claimed |
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violation of a provision of this chapter in the manner provided by |
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Section 15.051. |
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SECTION 2. This Act takes effect September 1, 2023. |