82R1879 JXC-D
	By: Davis	S.B. No. 103

	A BILL TO BE ENTITLED
	AN ACT
	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.