Bill Text: TX HB864 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to pipeline incidents; clarifying changes to related administrative penalties.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB864 Detail]

Download: Texas-2019-HB864-Enrolled.html

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H.B. No. 864

AN ACT
relating to pipeline incidents; clarifying changes to related
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 121.206(a) and (d), Utilities Code, are
amended to read as follows:
(a) The railroad commission may assess an administrative
penalty against a person who violates Section 121.201 or a safety
standard or other rule prescribed or adopted under this subchapter
[that section].
(d) The railroad commission by rule shall adopt guidelines
to be used in determining the amount of a penalty under this
subchapter. The guidelines shall include a penalty calculation
worksheet that specifies the typical penalty for certain
violations, circumstances justifying enhancement of a penalty and
the amount of the enhancement, and circumstances justifying a
reduction in a penalty and the amount of the reduction. The
guidelines shall take into account:
(1) the person's history of previous violations of
Section 121.201 or a safety standard or other rule prescribed or
adopted under this subchapter [that section], including the number
of previous violations;
(2) the seriousness of the violation and of any
pollution resulting from the violation;
(3) any hazard to the health or safety of the public;
(4) the degree of culpability;
(5) the demonstrated good faith of the person charged;
and
(6) any other factor the commission considers
relevant.
SECTION 2. Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.214 to read as follows:
Sec. 121.214. PIPELINE INCIDENT REPORTING AND RECORDS. (a)
In this section:
(1) "Distribution gas pipeline facility" means a
pipeline facility that distributes natural gas directly to end use
customers.
(2) "Pipeline incident" means an event involving a
release of gas from a pipeline that:
(A) under federal regulations, gives rise to a
duty of a distribution gas pipeline facility operator to report the
event to a federal agency; or
(B) results in one or more of the following
consequences:
(i) a death or a personal injury
necessitating in-patient hospitalization;
(ii) estimated property damage greater than
or equal to the greater of:
(a) $50,000, including loss to the
operator, loss to others, or both, but excluding cost of gas lost;
or
(b) an amount under federal
regulations that gives rise to the duty of a distribution gas
pipeline facility operator to report the event to a federal agency;
or
(iii) unintentional estimated gas loss of
three million cubic feet or more.
(3) "State record" has the meaning assigned by Section
441.180, Government Code.
(b) The railroad commission by rule shall require a
distribution gas pipeline facility operator, after a pipeline
incident involving the operator's pipelines, to:
(1) notify the commission of the incident before the
expiration of one hour following the operator's discovery of the
incident;
(2) provide the following information to the
commission before the expiration of one hour following the
operator's discovery of the incident:
(A) the pipeline operator's name and telephone
number;
(B) the location of the incident;
(C) the time of the incident; and
(D) the telephone number of the operator's
on-site person; and
(3) provide the following information to the
commission when the information is known by the operator:
(A) the fatalities and personal injuries caused
by the incident;
(B) the cost of gas lost;
(C) estimated property damage to the operator and
others;
(D) any other significant facts relevant to the
incident, including facts related to ignition, explosion,
rerouting of traffic, evacuation of a building, and media interest;
and
(E) other information required under federal
regulations to be provided to the Pipeline and Hazardous Materials
Safety Administration or a successor agency after a pipeline
incident or similar incident.
(c) The railroad commission shall retain state records of
the railroad commission regarding a pipeline incident perpetually.
SECTION 3. The Railroad Commission of Texas shall adopt the
rules required by Section 121.214, Utilities Code, as added by this
Act, not later than December 31, 2019.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 864 was passed by the House on May 3,
2019, by the following vote: Yeas 125, Nays 15, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 864 on May 24, 2019, by the following vote: Yeas 94, Nays 48, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 864 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor