Bill Text: TX SB2276 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the issuance of a permit by the Railroad Commission of Texas for the routing of certain oil or gas pipelines; establishing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Natural Resources & Economic Development [SB2276 Detail]
Download: Texas-2019-SB2276-Introduced.html
2019S0385-1 03/07/19 | ||
By: Buckingham | S.B. No. 2276 |
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relating to the issuance of a permit by the Railroad Commission of | ||
Texas for the routing of certain oil or gas pipelines; establishing | ||
a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 121, Utilities Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. OIL OR GAS PIPELINE ROUTE PERMITS | ||
Sec. 121.551. DEFINITION. In this subchapter, "commission" | ||
means the Railroad Commission of Texas. | ||
Sec. 121.552. APPLICABILITY. (a) This chapter applies | ||
only to a pipeline that transports gas or petroleum and is owned, | ||
operated, or managed by: | ||
(1) a gas corporation described by Chapter 181; or | ||
(2) a common carrier described by Section 111.002, | ||
Natural Resources Code. | ||
(b) This chapter does not apply to a pipeline: | ||
(1) the routing of which is subject solely to the | ||
jurisdiction of a federal agency; | ||
(2) that is a gas distribution pipeline facility; or | ||
(3) that is a sour gas pipeline facility, as defined by | ||
Section 121.451. | ||
Sec. 121.553. ROUTE PERMIT; MANDAMUS. (a) A person may | ||
not begin construction of a pipeline before the person obtains a | ||
permit from the commission authorizing the route of the pipeline. | ||
(b) The commission may approve an application and grant a | ||
permit only if the commission determines that the route of the | ||
pipeline is reasonable and that it moderates the negative effects | ||
on affected communities and landowners after consideration of all | ||
relevant factors, including: | ||
(1) community values; | ||
(2) recreational and park areas; | ||
(3) historical and aesthetic values; and | ||
(4) environmental integrity. | ||
(c) The commission may: | ||
(1) grant the permit as requested; | ||
(2) grant the permit for the construction of a portion | ||
of the requested pipeline; or | ||
(3) deny the permit. | ||
(d) The commission must grant or deny a permit not later | ||
than the first anniversary of the date the application for the | ||
permit is filed. If the commission does not grant or deny the | ||
permit on or before that date, the applicant may seek a writ of | ||
mandamus in a district court of Travis County to compel the | ||
commission to take action under Subsection (c). | ||
Sec. 121.554. NOTICE OF PIPELINE ROUTE. (a) Before filing | ||
an application under this subchapter, a person seeking a permit | ||
authorizing the route of a pipeline must: | ||
(1) publish, in a conspicuous form and place, notice | ||
to the public of the proposed route for the pipeline once each week | ||
for four successive weeks in a newspaper having general circulation | ||
in each county containing territory affected by the route; and | ||
(2) mail notice of the proposed route to any other | ||
affected person, as determined by commission rule. | ||
(b) The commission shall adopt rules concerning the public | ||
notice required by Subsection (a). | ||
(c) The commission may not grant an application for a permit | ||
authorized by this subchapter if the public notice required by | ||
Subsection (a) has not been completed. | ||
Sec. 121.555. CONTESTED CASES. The commission shall | ||
provide for contested case hearings concerning the granting, | ||
partial granting, or denial of a permit authorizing the route of a | ||
pipeline. The commission shall ensure that affected parties have | ||
an opportunity to intervene in and present evidence and argument in | ||
a hearing under this section. | ||
Sec. 121.556. ADMINISTRATIVE REVIEW. (a) The commission | ||
may approve an application for a permit authorizing the route of a | ||
pipeline without a hearing if: | ||
(1) at least 60 days have passed since the completion | ||
of all notice requirements under Section 121.554(a); | ||
(2) the matter is uncontested or has been fully | ||
stipulated so that there are no issues of material fact or law | ||
disputed by any party; and | ||
(3) the commission finds that: | ||
(A) no hearing is necessary; and | ||
(B) administrative review is warranted. | ||
(b) Nothing in this section shall be construed to alter any | ||
notice requirement imposed on any proceeding by statute, rule, or | ||
order. | ||
(c) Nothing in this section shall be construed to alter any | ||
time limit imposed on any proceeding by a statute, rule, or order. | ||
Sec. 121.557. PIPELINE ROUTE AND REGULATORY FEES. The | ||
commission shall by rule adopt a fee to be assessed on a person | ||
seeking a permit authorized by this subchapter to defray the costs | ||
associated with the review and approval of routing applications. | ||
SECTION 2. The Railroad Commission of Texas shall adopt the | ||
rules necessary to implement Subchapter K, Chapter 121, Utilities | ||
Code, as added by this Act, not later than January 1, 2020. | ||
SECTION 3. This Act takes effect September 1, 2019. |