reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.207. Pipeline Safety Administrative Penalty: Assessment Procedure

Sec. 121.207.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:  ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed only after a person charged under Section 121.206 has been given an opportunity for a public hearing.
(b)  If a public hearing is held, the railroad commission shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the penalty amount warranted by the violation, incorporating, if appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the railroad commission shall consolidate the hearings with other proceedings under Section 121.206.
(d)  If a person charged under Section 121.206 fails to take advantage of the opportunity for a public hearing, an administrative penalty may be assessed by the railroad commission after it has determined:
(1)  that a violation occurred;  and
(2)  the penalty amount warranted by the violation.
(e)  After assessing an administrative penalty, the railroad commission shall issue an order requiring the penalty to be paid.
(f)  Not later than the 30th day after the date an order is issued finding that a violation described under Section 121.206 occurred, the railroad commission shall inform the person found in violation of the amount of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.208. Pipeline Safety Administrative Penalty: Payment of Penalty

Sec. 121.208.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:  PAYMENT OF PENALTY.  Not later than the 30th day after the date the railroad commission's decision or order imposing an administrative penalty becomes final as provided by Section 2001.144, Government Code, the person charged with the violation shall:
(1)  pay the penalty in full;  or
(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  pay the penalty to the railroad commission for placement in an escrow account;  or
(B)  give to the railroad commission a supersedeas bond in a form approved by the railroad commission for the amount of the penalty that is effective until all judicial review of the order or decision is final.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.209. Pipeline Safety Administrative Penalty: Refund of Payment or Release of Bond

Sec. 121.209.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:  REFUND OF PAYMENT OR RELEASE OF BOND.  If through judicial review of a decision or order regarding an administrative penalty it is determined that a violation did not occur or that the amount of the penalty should be reduced or not assessed, the railroad commission shall, not later than the 30th day after the date of that determination:
(1)  remit the appropriate amount to the person, with accrued interest if the utility paid the penalty to the railroad commission;  or
(2)  execute a release of the bond if the utility posted a supersedeas bond.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.210. Recovery by Attorney General

Sec. 121.210.  RECOVERY BY ATTORNEY GENERAL.  An administrative penalty owed under Sections 121.206-121.208 may be recovered in a civil action brought by the attorney general at the request of the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.213. Installation, Removal, and Replacement of Certain Pipelines

Sec. 121.213.  INSTALLATION, REMOVAL, AND REPLACEMENT OF CERTAIN PIPELINES.  (a)  In this section, "distribution gas pipeline facility" means a pipeline facility that distributes natural gas directly to end-use customers.
(b)  A distribution gas pipeline facility operator may not install as part of the operator's underground system a cast iron, wrought iron, or bare steel pipeline.
(c)  The railroad commission by rule shall require the operator of a distribution gas pipeline facility system to:
(1)  develop and implement a risk-based program for the removal or replacement of underground distribution gas pipeline facilities; and
(2)  annually remove or replace at least eight percent of underground distribution gas pipeline facilities posing the greatest risk in the system and identified for replacement under the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 363 (H.B. 866), Sec. 2, eff. June 2, 2019.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.214. Pipeline Incident Reporting and Records

Sec. 121.214.  PIPELINE INCIDENT REPORTING AND RECORDS.  (a)  In this section:
(1)  "Distribution gas pipeline facility" means a pipeline facility that distributes natural gas directly to end use customers.
(2)  "Pipeline incident" means an event involving a release of gas from a pipeline that:
(A)  under federal regulations, gives rise to a duty of a distribution gas pipeline facility operator to report the event to a federal agency; or
(B)  results in one or more of the following consequences:
(i)  a death or a personal injury necessitating in-patient hospitalization;
(ii)  estimated property damage greater than or equal to the greater of:
(a)  $50,000, including loss to the operator, loss to others, or both, but excluding cost of gas lost; or
(b)  an amount under federal regulations that gives rise to the duty of a distribution gas pipeline facility operator to report the event to a federal agency; or
(iii)  unintentional estimated gas loss of three million cubic feet or more.
(3)  "State record" has the meaning assigned by Section 441.180, Government Code.
(b)  The railroad commission by rule shall require a distribution gas pipeline facility operator, after a pipeline incident involving the operator's pipelines, to:
(1)  notify the commission of the incident before the expiration of one hour following the operator's discovery of the incident;
(2)  provide the following information to the commission before the expiration of one hour following the operator's discovery of the incident:
(A)  the pipeline operator's name and telephone number;
(B)  the location of the incident;
(C)  the time of the incident; and
(D)  the telephone number of the operator's on-site person; and
(3)  provide the following information to the commission when the information is known by the operator:
(A)  the fatalities and personal injuries caused by the incident;
(B)  the cost of gas lost;
(C)  estimated property damage to the operator and others;
(D)  any other significant facts relevant to the incident, including facts related to ignition, explosion, rerouting of traffic, evacuation of a building, and media interest; and
(E)  other information required under federal regulations to be provided to the Pipeline and Hazardous Materials Safety Administration or a successor agency after a pipeline incident or similar incident.
(c)  The railroad commission shall retain state records of the railroad commission regarding a pipeline incident perpetually.
Added by Acts 2019, 86th Leg., R.S., Ch. 1048 (H.B. 864), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter F. Gas Safety › Section 121.251. Railroad Commission to Investigate Use of Gas Malodorants

Sec. 121.251.  RAILROAD COMMISSION TO INVESTIGATE USE OF GAS MALODORANTS.  The railroad commission shall investigate the use of malodorants by a person, firm, or corporation in the business of:
(1)  handling, storing, selling, or distributing natural or liquefied petroleum gases, including butane and other odorless gases, for private or commercial uses;  or
(2)  supplying these products to a public building or the general public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter F. Gas Safety › Section 121.252. Regulation of Use of Malodorants

Sec. 121.252.  REGULATION OF USE OF MALODORANTS.  (a)  The railroad commission, by rule as necessary to carry out the purposes of this section, may:
(1)  require a person, firm, or corporation subject to Section 121.251 to odorize the gas by using a malodorant agent that indicates the presence of gas by a distinctive odor;
(2)  regulate the method of the use of malodorants;  and
(3)  direct and approve the use of containers and other equipment used in connection with malodorants.
(b)  A required malodorant agent must be:
(1)  nontoxic and noncorrosive;  and
(2)  not harmful to leather diaphragms in gas equipment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter F. Gas Safety › Section 121.253. Interstate Transportation of Gas Excluded

Sec. 121.253.  INTERSTATE TRANSPORTATION OF GAS EXCLUDED.  This subchapter does not apply to gas transported out of this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.301. Receivership

Sec. 121.301.  RECEIVERSHIP.  (a)  On application of the railroad commission, a court having jurisdiction to appoint a receiver may appoint a receiver to control and manage, under the direction of the court, the property of a pipeline subject to this chapter if the person or corporation owning, operating, or controlling the pipeline violates this chapter or a rule of the railroad commission.
(b)  The railroad commission may apply for a receivership only if the railroad commission determines that the public interest requires a receivership.
(c)  The grounds for the appointment of a receiver under this section are in addition to any other ground provided by law.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.302. Civil Penalty

Sec. 121.302.  CIVIL PENALTY.  (a)  A gas utility is subject to a civil penalty if the gas utility:
(1)  violates this chapter;
(2)  fails to perform a duty imposed by this chapter; or
(3)  fails to comply with an order of the railroad commission if the order is not stayed or suspended by a court order.
(a-1)  A penalty under this section is payable to the state and shall be:
(1)  not less than $100 and not more than $1,000 for each violation or failure that is not related to pipeline safety; or
(2)  not more than $200,000 for each violation or failure that is related to pipeline safety, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.
(b)  Each violation and each day that the failure continues is subject to a separate penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.303. Penalty Recoverable by Victim of Discrimination

Sec. 121.303.  PENALTY RECOVERABLE BY VICTIM OF DISCRIMINATION.  (a)  A penalty of not less than $100 and not more than $1,000 for each violation is recoverable by any person against whom discrimination prohibited by Section 121.104 is committed.
(b)  A suit to collect a penalty under this section must be brought in the name of and for the benefit of the person aggrieved.
(c)  A person who recovers a penalty under this section is also entitled to reasonable attorney's fees.
(d)  The penalty under this section is in addition to a penalty under Section 121.302.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.304. Pollution or Public Safety Administrative Penalty

Sec. 121.304.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY.  (a)  The railroad commission may assess an administrative penalty against a gas utility that violates this chapter, fails to perform a duty imposed by this chapter, or fails to comply with an order of the railroad commission issued under this chapter and applicable to the gas utility if the violation:
(1)  results in pollution of the air or water of this state;  or
(2)  poses a threat to the public safety.
(b)  The penalty for each violation or failure that is not related to pipeline safety may not exceed $10,000 a day.  The penalty for each violation or failure that is related to pipeline safety may not exceed $200,000 a day.  Each day a violation continues may be considered a separate violation for purposes of penalty assessment, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.
(c)  In determining the amount of the penalty, the railroad commission shall consider:
(1)  the gas utility's history of previous violations of this chapter;
(2)  the seriousness of the violation;  and
(3)  any hazard to the health or safety of the public.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.305. Pollution or Public Safety Administrative Penalty: Assessment Procedure

Sec. 121.305.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be assessed under Section 121.304 only after a gas utility charged under Section 121.304 has been given an opportunity for a public hearing.
(b)  If a public hearing is held, the railroad commission shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the penalty amount warranted by the violation, incorporating, if appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the railroad commission shall consolidate the hearings with other proceedings under Section 121.304.
(d)  If a gas utility charged under Section 121.304 fails to take advantage of the opportunity for a public hearing, an administrative penalty may be assessed by the railroad commission after it has determined:
(1)  that a violation occurred;  and
(2)  the penalty amount warranted by the violation.
(e)  After assessing an administrative penalty, the railroad commission shall issue an order requiring the penalty to be paid.
(f)  Not later than the 30th day after the date an order is issued finding that a violation described under Section 121.304 occurred, the railroad commission shall inform the gas utility found in violation of the amount of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.306. Pollution or Public Safety Administrative Penalty: Payment of Penalty

Sec. 121.306.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  PAYMENT OF PENALTY.  (a)  Not later than the 30th day after the date the railroad commission's decision or order imposing an administrative penalty becomes final as provided by Section 2001.144, Government Code, the gas utility charged with the violation shall:
(1)  pay the penalty in full;  or
(2)  if the gas utility seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  pay the penalty to the railroad commission for placement in an escrow account;  or
(B)  except as provided by Subsection (b), give to the railroad commission a supersedeas bond, in the amount of the penalty and in the form approved by the railroad commission, to stay the collection of the penalty until all judicial review of the order or decision is final.
(b)  If the gas utility is appealing a second or subsequent decision or order assessing an administrative penalty against the gas utility, regardless of the finality of judicial review of any previous decision or order, the railroad commission may, but is not required to, accept a supersedeas bond.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.307. Pollution or Public Safety Administrative Penalty: Appeals

Sec. 121.307.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  APPEALS.  (a)  The district courts of Travis County have exclusive jurisdiction of the appeal of an order or decision of the railroad commission assessing an administrative penalty under Section 121.304.
(b)  Subchapter G, Chapter 2001, Government Code, and the substantial evidence rule apply to an appeal under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.308. Pollution or Public Safety Administrative Penalty: Refund of Payment or Release of Bond

Sec. 121.308.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  REFUND OF PAYMENT OR RELEASE OF BOND.  If through judicial review of a decision or order regarding an administrative penalty it is determined that a violation did not occur or that the amount of the penalty should be reduced or not assessed, the railroad commission shall, not later than the 30th day after the date of that determination:
(1)  remit the appropriate amount to the gas utility with accrued interest if the utility paid the penalty to the railroad commission;  or
(2)  execute a release of the bond if the utility posted a supersedeas bond.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.309. Pollution or Public Safety Administrative Penalty: Recovery

Sec. 121.309.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE PENALTY:  RECOVERY.  An administrative penalty owed under Sections 121.304-121.308 may be recovered in a civil action brought by the attorney general at the request of the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter G. Enforcement Remedies › Section 121.310. Criminal Penalty

Sec. 121.310.  CRIMINAL PENALTY.  (a)  A person commits an offense if:
(1)  the person is an owner, officer, director, agent, or employee of a person or corporation owning, operating, or controlling a pipeline of a gas utility;  and
(2)  the person wilfully violates this chapter or Chapter 122.
(b)  An offense under this section that is not related to pipeline safety is punishable by a fine of not less than $50 and not more than $1,000.  An offense under this section that is related to pipeline safety is punishable by a fine of not more than $2 million.  In addition to the fine, the offense may be punishable by confinement in jail for not less than 10 days nor more than six months.
(c)  In the prosecution of a defendant for multiple offenses under this section, all of the offenses related to pipeline safety are considered to be part of the same criminal episode, and as required by Section 3.03, Penal Code, the sentences of confinement shall run concurrently.  Additionally, the cumulative total of fines imposed under this section for offenses related to pipeline safety may not exceed the maximum amount imposed on conviction of a single offense under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter H. Appeals › Section 121.401. Appeal to Court

Sec. 121.401.  APPEAL TO COURT.  (a)  A gas utility or other party at interest may appeal to a court a decision of any rate, classification, rule, charge, order, or act adopted by the railroad commission by filing a petition against the railroad commission as defendant and specifying each particular reason for objection.
(b)  An action under this section is tried and determined as are other civil causes in the court except as provided by Section 121.402.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter H. Appeals › Section 121.402. Appeal: Burden and Standard of Proof

Sec. 121.402.  APPEAL:  BURDEN AND STANDARD OF PROOF.  In a trial under this subchapter, the burden of proof is on the plaintiff, who must show by clear and satisfactory evidence that the rate, rule, order, classification, act, or charge that is the subject of the complaint is unreasonable and unjust to the plaintiff.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter H. Appeals › Section 121.403. Appeal From Trial Court

Sec. 121.403.  APPEAL FROM TRIAL COURT.  An appeal from an action under Section 121.402:
(1)  is at once returnable to the appellate court;  and
(2)  has precedence in the appellate court over each other pending cause of a different character.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter I. Sour Gas Pipeline Facilities › Section 121.451. Definitions

Sec. 121.451.  DEFINITIONS.  In this subchapter:
(1)  "Affected party" means the owner or occupant of real property located in the radius of exposure, as computed in accordance with a methodology approved by the railroad commission, of the proposed route of a sour gas pipeline facility.
(2)  "Construction" includes any activity conducted during the initial construction of a pipeline, including the removal of earth, vegetation, or obstructions along the proposed pipeline right-of-way.  The term does not include:
(A)  surveying or acquiring the right-of-way;  or
(B)  clearing the right-of-way with the consent of the owner.
(3)  "Low-pressure gathering system" means a pipeline that operates at a working pressure of less than 50 pounds per square inch.
(4)  "Sour gas pipeline facility" means a pipeline facility that contains a concentration of 100 parts per million or more of hydrogen sulfide.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter I. Sour Gas Pipeline Facilities › Section 121.452. Applicability

Sec. 121.452.  APPLICABILITY.  This subchapter does not apply to:
(1)  an extension of an existing sour gas pipeline facility that is in compliance with the railroad commission's rules for oil, gas, or geothermal resource operation in a hydrogen sulfide area if:
(A)  the extension is not longer than five miles;
(B)  the nominal pipe size is not larger than six inches in diameter; and
(C)  the railroad commission is given notice of the construction of the extension not later than 24 hours before the start of construction;
(2)  a new or an extension of a low-pressure gathering system; or
(3)  an interstate gas pipeline facility, as defined by 49 U.S.C. Section 60101 and its subsequent amendments or a succeeding law, that is used for the transportation of sour gas.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(a), eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter I. Sour Gas Pipeline Facilities › Section 121.453. Permit Application

Sec. 121.453.  PERMIT APPLICATION.  (a)  A person may not begin construction of a sour gas pipeline facility before the person obtains from the railroad commission a permit to construct the facility.
(b)  An applicant for a permit to construct a sour gas pipeline facility must:
(1)  publish notice of the application in a form determined by the railroad commission in a newspaper of general circulation in each county that contains part of the proposed route of the sour gas pipeline facility;  and
(2)  provide a copy of the application to the county clerk of each county that contains part of the proposed route.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter I. Sour Gas Pipeline Facilities › Section 121.454. Railroad Commission Approval or Denial

Sec. 121.454.  RAILROAD COMMISSION APPROVAL OR DENIAL.  (a)  The railroad commission by order may approve an application for a permit to construct a sour gas pipeline facility if the railroad commission finds that the materials to be used in and method of construction and operation of the facility comply with the rules and safety standards adopted by the railroad commission.
(b)  The railroad commission may issue an order under this section without holding a hearing unless an affected party files a written protest with the railroad commission not later than the 30th day after the date notice is published under Section 121.453.  If an affected party files a written protest, the railroad commission shall:
(1)  hold a hearing not later than the 60th day after the date the protest is filed;  and
(2)  issue an order:
(A)  approving the permit application;  or
(B)  denying the application and stating the reasons for the denial.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.5005. Applicability

Sec. 121.5005.  APPLICABILITY.  This subchapter applies to a facility of a public elementary or secondary school, including a charter school, or a private elementary or secondary school, but does not apply to a home school.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 73, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.501. Definition

Sec. 121.501.  DEFINITION.  In this subchapter, "supplier" means an individual or company that sells and delivers natural gas to a school facility.  If more than one individual or company sells and delivers natural gas to a school facility, each individual or company is a supplier for purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.502. Duty to Pressure Test

Sec. 121.502.  DUTY TO PRESSURE TEST.  (a)  A person responsible for a school facility shall perform biennial pressure tests on the natural gas piping system in the school facility.  The tests must be performed before the beginning of the school year.
(b)  A person responsible for more than one school facility may perform the tests on a two-year cycle under which the person pressure tests the natural gas piping system in approximately one-half of the facilities each year.
(c)  If the person responsible for one or more school facilities operates the facilities on a year-round calendar, the pressure test in each of those facilities must be conducted and reported not later than July 1 of the year in which the pressure test is performed.
(d)  A natural gas piping pressure test performed under a municipal code satisfies the pressure testing requirements prescribed by this section.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.503. Requirements of Test

Sec. 121.503.  REQUIREMENTS OF TEST.  (a)  The person responsible for a school facility shall perform the pressure test to determine whether the natural gas piping downstream of the school facility's meter holds at least normal operating pressure over a specified period determined by the railroad commission.
(b)  During the pressure test, each system supply inlet and outlet in the school facility must be closed.
(c)  At the request of a person responsible for a school facility, the railroad commission shall assist the person in developing a procedure for conducting the test.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.504. Notice of Test

Sec. 121.504.  NOTICE OF TEST.  (a)  A person responsible for a school facility shall provide written notice to the school's supplier specifying the date and result of each pressure test or other inspection.
(b)  The supplier shall maintain a copy of the notice until at least the first anniversary of the date on which the supplier received the notice.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.505. Termination of Service

Sec. 121.505.  TERMINATION OF SERVICE.  (a)  A supplier shall terminate service to a school facility if:
(1)  the supplier receives official notification from the firm or individual conducting the test of a hazardous natural gas leakage in the facility piping system;  or
(2)  a test or other inspection at the facility is not performed as required by this subchapter.
(b)  A supplier is not liable for any damages that result from a failure to terminate service as required by Subsection (a)(2) for a facility other than a school district facility.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.506. Report of Leakage

Sec. 121.506.  REPORT OF LEAKAGE.  An identified natural gas leakage in a school district facility must be reported to the board of trustees of the district in which the facility is located.  An identified natural gas leakage in another school facility must be reported to the person responsible for the school facility.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 74, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter J. Testing of Natural Gas Piping Systems in School Facilities › Section 121.507. Enforcement

Sec. 121.507.  ENFORCEMENT.  The railroad commission shall enforce this subchapter.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.14(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter A. Definitions › Section 122.001. Definitions

Sec. 122.001.  DEFINITIONS.  In this chapter:
(1)  "Gas utility" has the meaning assigned by Section 121.001(a)(2) and includes a person without regard to whether the person acquired a part of the right-of-way for the pipeline by eminent domain.
(2)  "Gross income" includes all gross receipts the gas utility received from activities described by Section 121.001(a)(2) that are performed in this state, other than an activity excluded by Chapter 121 from the activities that make a person a gas utility for purposes of that chapter, and excludes the amount of the deduction allowed by Section 122.052.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter B. Tax Imposed › Section 122.051. Tax Imposed; Rate

Sec. 122.051.  TAX IMPOSED;  RATE.  (a)  A tax is imposed on each gas utility.
(b)  The gas utility tax is imposed at the rate of one-half of one percent of the gross income of the gas utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter B. Tax Imposed › Section 122.052. Deduction of Certain Costs

Sec. 122.052.  DEDUCTION OF CERTAIN COSTS.  A gas utility is entitled to deduct from the utility's gross receipts the amount of the cost paid to another person by the utility for purchasing, treating, or storing natural gas or for gathering or transporting natural gas to the utility's facilities.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter C. Payments, Reports, and Records › Section 122.101. Tax Payment

Sec. 122.101.  TAX PAYMENT.  (a)  A gas utility on whom a tax is imposed by this chapter during a calendar quarter shall pay the tax to the railroad commission.
(b)  A gas utility shall make the tax payment payable to the comptroller.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter C. Payments, Reports, and Records › Section 122.102. Report

Sec. 122.102.  REPORT.  (a)  A gas utility on whom a tax is imposed by this chapter during a calendar quarter shall include with the tax payment a report to the railroad commission that includes a statement of:
(1)  all activity subject to the tax during the period covered by the report;  and
(2)  the gross income from that activity.
(b)  The president, secretary, or general manager of a gas utility that is a corporation or an owner of a gas utility that is not a corporation must verify the truth and accuracy of the report.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter C. Payments, Reports, and Records › Section 122.103. Payment and Report Deadline

Sec. 122.103.  PAYMENT AND REPORT DEADLINE.  A tax payment and report under this chapter for a calendar quarter are due on or before the 20th day of the second month of the succeeding quarter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter C. Payments, Reports, and Records › Section 122.104. Records

Sec. 122.104.  RECORDS.  A person on whom a tax is imposed by this chapter shall maintain until the fourth anniversary of the date the tax report and payment for a calendar quarter are due records sufficient to:
(1)  document the person's tax report;  and
(2)  establish the amount of the tax imposed.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter D. Administration › Section 122.151. Administration by Railroad Commission

Sec. 122.151.  ADMINISTRATION BY RAILROAD COMMISSION.  The railroad commission:
(1)  shall administer and collect the taxes imposed by this chapter;  and
(2)  may adopt rules necessary to administer this chapter and to collect and enforce the taxes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter D. Administration › Section 122.152. Examination of Records and Person Doing Business in This State

Sec. 122.152.  EXAMINATION OF RECORDS AND PERSON DOING BUSINESS IN THIS STATE.  To enforce this chapter, the railroad commission may examine:
(1)  a book, record, or paper of a person permitted to do business in this state, including an agent of the person, at an office of the person or agent in the United States;  and
(2)  an officer or employee of a person described by Subdivision (1) under oath.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter E. Penalties and Interest › Section 122.201. Penalty for Failure to Report Tax

Sec. 122.201.  PENALTY FOR FAILURE TO REPORT TAX.  A person who is required to report a tax imposed by this chapter and fails to report as required by Sections 122.102 and 122.103 shall pay:
(1)  a penalty of five percent of the amount of the tax due with the report;  and
(2)  if the report is not made before the 31st day after the date the report is initially required to be made, an additional penalty of five percent of the amount of the tax due with the report.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter E. Penalties and Interest › Section 122.202. Penalty for Failure to Pay Tax

Sec. 122.202.  PENALTY FOR FAILURE TO PAY TAX.  A person who is required to pay a tax imposed by this chapter and fails to pay the tax as required by Sections 122.101 and 122.103 shall pay:
(1)  a penalty of five percent of the amount of the tax due and unpaid;  and
(2)  if the tax is not paid before the 31st day after the date the tax payment is initially required to be made, an additional penalty of five percent of the amount of the tax due and unpaid.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter E. Penalties and Interest › Section 122.203. Penalty for Failure to Report and Pay Tax

Sec. 122.203.  PENALTY FOR FAILURE TO REPORT AND PAY TAX.  If a person fails to make the report and to pay the tax for a reporting period, only the penalty and additional penalty under Section 122.201, as applicable, for failure to make the report is imposed.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter E. Penalties and Interest › Section 122.204. Minimum Penalty

Sec. 122.204.  MINIMUM PENALTY.  If the amount of a penalty or additional penalty computed as provided by this subchapter is less than $5, the amount of the penalty or additional penalty is $5.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 122 - Gas Utility Pipeline Tax › Subchapter E. Penalties and Interest › Section 122.205. Interest

Sec. 122.205.  INTEREST.  A tax imposed by this chapter that becomes delinquent draws interest at the rate of 12 percent a year beginning on the 60th day after the date the tax becomes delinquent and continues to draw interest until the date the tax is paid.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter A. Natural Gas Supply for Agricultural Purposes › Section 123.001. Natural Gas Supply for Agricultural Purposes

Sec. 123.001.  NATURAL GAS SUPPLY FOR AGRICULTURAL PURPOSES.  A person, firm, corporation, partnership, association, or cooperative who sells natural gas for irrigation may not reduce the supply of natural gas for an agricultural purpose, including irrigation pumping or crop drying, if that person or entity:
(1)  sells and distributes natural gas in a municipality;  or
(2)  delivers gas to the boundary of a municipality for resale in the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter A. Natural Gas Supply for Agricultural Purposes › Section 123.002. Exception

Sec. 123.002.  EXCEPTION.  This subchapter does not apply to the extent that the supply of natural gas is required to maintain natural gas service for:
(1)  use by residential users or hospitals;  or
(2)  an analogous use that is vital to public health and safety.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter B. Agriculture Gas Users Act › Section 123.021. Short Title

Sec. 123.021.  SHORT TITLE.  This subchapter may be cited as the Agriculture Gas Users Act.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter B. Agriculture Gas Users Act › Section 123.022. Definitions

Sec. 123.022.  DEFINITIONS.  In this subchapter:
(1)  "Agriculture energy user" means a person who purchases or uses natural gas for fuel for an irrigation well.
(2)  "Corporation" means a domestic or foreign corporation or association, and each lessee, assignee, trustee, receiver, or other successor in interest of the corporation or association, that has any of the powers or privileges of a corporation not possessed by an individual or partnership.
(3)  "Person" includes an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, and a corporation.
(4)  "Supplier" means a person who furnishes natural gas to an agriculture energy user.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter B. Agriculture Gas Users Act › Section 123.023. Contract for Natural Gas

Sec. 123.023.  CONTRACT FOR NATURAL GAS.  (a)  A supplier and an agriculture energy user may by contract establish a price and other terms of service for the furnishing of natural gas.
(b)  A contract under this section must be negotiated in good faith and the result of arm's-length bargaining between the parties.
(c)  Each party shall provide information and maintain records as reasonably necessary for the contract.
(d)  A price charged to an agriculture energy user under the contract may not exceed the price charged to a majority of the supplier's commercial users or other similar large-volume users.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 123 - Use of Natural Gas for Agricultural Purposes › Subchapter B. Agriculture Gas Users Act › Section 123.024. Exception

Sec. 123.024.  EXCEPTION.  This subchapter does not apply to a transaction between an agriculture energy user and a supplier who does not deliver gas to a municipality unless:
(1)  the parties agree the subchapter applies to the transaction;  and
(2)  the contract states the subchapter applies to the transaction.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 124 - Submetering to Mobile Home Parks and Apartment Houses › Section 124.001. Definitions

Sec. 124.001.  DEFINITIONS.  In this chapter:
(1)  "Apartment house" means one or more buildings containing more than five dwelling units each of which is rented primarily for nontransient use with rent paid at intervals of one week or longer.  The term includes a rented or owner-occupied residential condominium.
(2)  "Dwelling unit" means:
(A)  one or more rooms that are suitable for occupancy as a residence and that contain kitchen and bathroom facilities;  or
(B)  a mobile home in a mobile home park.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.