85R12546 JXC-F     By: Hall S.B. No. 2099       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the Railroad Commission of Texas to   enforce requirements for the prevention of damage to interstate and   intrastate underground facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 251, Utilities Code, is   amended by adding Section 251.0021 to read as follows:          Sec. 251.0021.  RAILROAD COMMISSION AUTHORITY. (a)  For the   purposes of 49 U.S.C. Section 60101 et seq., the Railroad   Commission of Texas is responsible for statewide enforcement of   this state's requirements for the prevention of damage to   interstate and intrastate underground facilities, as authorized   under Section 756.126, Health and Safety Code, Section 117.012,   Natural Resources Code, and Section 121.201, Utilities Code.          (b)  The authority described in Subsection (a) is in addition   to the authority granted to county attorneys, district attorneys,   and the board of directors of the corporation under Subchapter E.          SECTION 2.  Section 756.126, Health and Safety Code, is   amended to read as follows:          Sec. 756.126.  SAFETY STANDARDS AND BEST PRACTICES. The   Railroad Commission of Texas shall adopt and enforce rules   prescribing safety standards and best practices, including those   described by 49 U.S.C. Section 6105 et seq., relating to the   prevention of damage by a person to a facility, including an   interstate or intrastate pipeline facility, under the jurisdiction   of the commission.          SECTION 3.  Section 117.012, Natural Resources Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  The commission shall adopt rules that include:                (1)  safety standards applicable to the intrastate   transportation of hazardous liquids or carbon dioxide by pipeline   and intrastate hazardous liquid or carbon dioxide pipeline   facilities; and                (2)  [, including] safety standards related to the   prevention of damage to interstate and intrastate hazardous liquid   or carbon dioxide pipeline facilities [such a facility] resulting   from the movement of earth by a person in the vicinity of such a   [the] facility, other than movement by tillage that does not exceed   a depth of 16 inches.          (a-1)  Rules adopted under Subsection (a) [this subsection]   that apply to the intrastate transportation of hazardous liquids   and carbon dioxide by gathering pipelines in rural locations and   intrastate hazardous liquid and carbon dioxide gathering pipeline   facilities in rural locations must be based only on the risks the   transportation and the facilities present to the public safety,   except that the commission shall revise the rules as necessary to   comply with Subsection (c) and to maintain the maximum degree of   federal delegation permissible under 49 U.S.C. Section 60101 et   seq., or a succeeding law, if the federal government adopts rules   that include safety standards applicable to the transportation and   facilities.          SECTION 4.  Section 121.201(a), Utilities Code, is amended   to read as follows:          (a)  The railroad commission may:                (1)  by rule prescribe or adopt safety standards for   the transportation of gas and for gas pipeline facilities,   including safety standards related to the prevention of damage to   an interstate or intrastate gas pipeline [such a] facility   resulting from the movement of earth by a person in the vicinity of   the facility, other than movement by tillage that does not exceed a   depth of 16 inches;                (2)  by rule require an operator that does not file   operator organization information under Section 91.142, Natural   Resources Code, to provide the information to the commission in the   form of an application;                (3)  by rule require record maintenance and reports;                (4)  inspect records and facilities to determine   compliance with safety standards prescribed or adopted under   Subdivision (1);                (5)  make certifications and reports from time to time;                (6)  seek designation by the United States secretary of   transportation as an agent to conduct safety inspections of   interstate gas pipeline facilities located in this state;                (7)  by rule take any other requisite action in   accordance with 49 U.S.C. Section 60101 et seq. and its subsequent   amendments or a succeeding law; and                (8)  by rule establish safety standards and practices   for gathering facilities and transportation activities in Class 1   locations, as defined by 49 C.F.R. Section 192.5:                      (A)  based only on the risks the facilities and   activities present to the public safety, to the extent consistent   with federal law; or                      (B)  as necessary to maintain the maximum degree   of federal delegation permissible under 49 U.S.C. Section 60101 et   seq., or a succeeding law, if the federal government adopts safety   standards and practices for gathering facilities and   transportation activities in Class 1 locations, as defined by 49   C.F.R. Section 192.5.          SECTION 5.  This Act takes effect September 1, 2017.