Bill Text: TX HB2982 | 2013-2014 | 83rd Legislature | Enrolled


Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2982 Detail]

Download: Texas-2013-HB2982-Enrolled.html
 
 
  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       
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