Bill Text: TX SB103 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the installation, maintenance, operation, and relocation of wastewater pipeline facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to Natural Resources [SB103 Detail]
Download: Texas-2011-SB103-Introduced.html
| 82R1879 JXC-D | ||
| By: Davis | S.B. No. 103 | |
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| relating to the installation, maintenance, operation, and | ||
| relocation of wastewater 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 S to read as follows: | ||
| SUBCHAPTER S. WASTEWATER PIPELINES | ||
| Sec. 91.901. DEFINITIONS. In this subchapter: | ||
| (1) "Wastewater pipeline facility" means a pipeline | ||
| facility that conducts water containing salt or other substances | ||
| produced during drilling or operating natural gas and other types | ||
| of wells. | ||
| (2) "Wastewater pipeline operator" means a person | ||
| who owns, installs, manages, operates, leases, or controls a | ||
| wastewater pipeline facility. | ||
| Sec. 91.902. PIPELINE ON STATE HIGHWAY. A wastewater | ||
| pipeline operator is entitled to install, maintain, and operate a | ||
| wastewater pipeline facility through, under, along, across, or over | ||
| a state highway, including a controlled access highway as defined | ||
| by Section 203.001(1), Transportation Code, only if: | ||
| (1) the pipeline facility complies with: | ||
| (A) any safety regulations adopted by the | ||
| commission relating to wastewater pipeline facilities; | ||
| (B) any federal regulations relating to | ||
| wastewater pipeline facilities; and | ||
| (C) all applicable rules adopted by the Texas | ||
| Transportation Commission or the Railroad Commission of Texas and | ||
| all applicable federal regulations regarding the accommodation of | ||
| utility facilities on a highway or right-of-way, including | ||
| regulations relating to the horizontal or vertical placement of the | ||
| pipeline facility; and | ||
| (2) the wastewater pipeline operator ensures that the | ||
| highway and associated facilities are promptly restored to their | ||
| former condition of usefulness after the installation or | ||
| maintenance of the pipeline facility is complete. | ||
| Sec. 91.903. RELOCATION OF WASTEWATER 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 may require a wastewater pipeline operator to relocate | ||
| a wastewater pipeline facility at the cost of the wastewater | ||
| pipeline operator to accommodate construction or expansion of a | ||
| highway or for any other public work unless the wastewater 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 shall | ||
| give to the wastewater pipeline operator 30 days' written notice of | ||
| the requirement. The notice must identify the pipeline facility to | ||
| be relocated and indicate the location on the new right-of-way | ||
| where the wastewater 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 wastewater pipeline | ||
| facility to use a public right-of-way under any other law; or | ||
| (2) affect the authority of a municipality to: | ||
| (A) regulate the use of a public right-of-way by | ||
| a wastewater pipeline operator under any other law; or | ||
| (B) require payment of any applicable charge | ||
| under Sections 182.025 and 182.026, Tax Code. | ||
| Sec. 91.905. APPLICATION OF OTHER LAW. Section 212.153(e), | ||
| Local Government Code, and Sections 203.092, 224.008, and | ||
| 502.1025(c)(4), Transportation Code, apply to wastewater pipeline | ||
| operators and wastewater pipeline facilities in the same manner as | ||
| they apply to utilities and utility facilities. | ||
| Sec. 91.906. RULES. The commission shall adopt rules to | ||
| implement this subchapter. | ||
| 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, 2011. | ||
