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.

SUMMARY: 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.

FULL TEXT:
AN ACT 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 Kto 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.