By: Duncan	S.B. No. 1637

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of the Railroad Commission of Texas to
	determine whether a person who owns, operates, or manages a
	pipeline is a common carrier.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 111, Natural Resources Code, is amended
	by adding Subchapter K to read as follows:
	SUBCHAPTER K.  COMMON CARRIER DETERMINATION
	Sec. 111.441.  COMMON CARRIER. (a)  No pipeline or
	gathering system may be represented to be a common carrier under
	Section 111.002 without a permit issued by the commission under
	this subchapter.
	(b)  The commission has exclusive jurisdiction to determine
	whether a person is a common carrier under Section 111.002.
	Sec. 111.442.  APPLICATION.  (a)  A party wanting to obtain
	a permit under this subchapter must submit an application to the
	commission.
	(b)  Application shall be made on a form specified by the
	commission and shall include evidence required by the commission to
	show that the applicant qualifies as a common carrier under Section
	111.002.
	Sec. 111.443.  NOTICE. (a)  For permits requested under
	this subchapter, the applicant shall give notice by:
	(1)   publishing notice of the application and a map of
	the proposed route of the pipeline on the Internet;
	(2)  publishing notice of the application for two
	consecutive weeks in a newspaper having general circulation in each
	county containing territory affected by the proposed pipeline;
	(3)  mailing notice of the application to all
	landowners along the proposed route of the pipeline; and
	(4)  mailing or delivering notice of the application to
	each affected county and municipality along the proposed route of
	the pipeline.
	(b)  Proof of publication and affidavits attesting to the
	notice requirements must be filed with the commission.
	(c)  At a minimum, the notice must include:
	(1)  a description of the point of origin and point of
	destination of the pipeline;
	(2)  a list of the counties and municipalities in which
	the pipeline is proposed to be located;
	(3)  the Internet address required under Subsection
	(a); and
	(4)  a description of the procedure for protesting the
	request, including the deadline provided under Section 111.444.
	Sec. 111.444.  PROTESTS. (a)  A landowner, county,
	municipality, or commission staff may file a protest with the
	commission.
	(b)  All protests must be filed not later than the 20th day
	after the date of notice under Section 111.443.
	Sec. 111.445.  HEARING. (a)  The commission shall set a
	date, time, and place for a hearing not later than the seventh day
	after the protest deadline date provided under Section 111.444.
	(b)  The hearing shall be held not earlier than the 30th day
	and not later than the 45th day after the protest deadline date.
	(c)  The commission shall serve notice of the hearing date,
	time, and place to the applicant and to all parties filing protests.
	Sec. 111.446.  ADMINISTRATIVE REVIEW. An application under
	this subchapter may be approved by a hearings examiner without a
	hearing under the following conditions:
	(1)  at least 30 days have passed since the completion
	of all notice requirements;
	(2)  no party has filed a protest with the commission;
	(3)  the commission staff has reviewed the application
	and has stipulated that there are no disputed issues of fact or law;
	and
	(4)  the hearings examiner finds that no hearing is
	necessary and that administrative review is warranted.
	Sec. 111.447.  PROPOSAL FOR DECISION; COMMISSION ORDER.
	(a)  Not later than the 20th day after the date of the hearing
	conducted under Section 111.445 or a determination of
	administrative review under Section 111.446, the hearings examiner
	shall issue a proposal for decision containing findings of fact and
	conclusions of law. The proposal for decision shall be served on
	each commissioner and all parties.
	(b)  The commission shall issue an order on the application
	not later than the 30th day after receipt of the proposal for
	decision. The order must include:
	(1)  a statement of findings of fact that includes the
	substance of the evidence presented at the hearing; and
	(2)  the conclusions of law that support the
	determination.
	(c)  The commission may approve an application and grant a
	permit only if the commission finds that the applicant qualifies as
	a common carrier under Section 111.002.
	(d)  The commission may adopt, in whole or in part, or modify
	the findings of fact and conclusions of law contained in the
	proposal for decision. The commission may also remand the
	application for hearing or additional proceedings.
	(e)  Motions for rehearing and judicial review of a
	commission order issued under this subchapter are governed by
	Subchapters F and G, Chapter 2001, Government Code.
	Sec. 111.448.  RULES. The commission may adopt rules as
	necessary to implement this subchapter.
	SECTION 2.  The changes in law made by this Act relating to a
	permit to operate a pipeline apply only to a permit the application
	for which is filed with the Railroad Commission of Texas on or after
	the effective date of this Act. A permit the application for which
	was filed before the effective date of this Act is governed by the
	law in effect on the date the application was filed, and the former
	law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2013.