CHAPTER 117. HAZARDOUS LIQUID OR CARBON DIOXIDE PIPELINE TRANSPORTATION INDUSTRY

State Codes and Statutes

Statutes > Texas > Natural-resources-code > Title-3-oil-and-gas > Chapter-117-hazardous-liquid-or-carbon-dioxide-pipeline-transportation-industry

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS

CHAPTER 117. HAZARDOUS LIQUID OR CARBON DIOXIDE PIPELINE

TRANSPORTATION INDUSTRY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 117.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Railroad Commission of Texas.

(2) "Hazardous liquid" means:

(A) petroleum or any petroleum product; and

(B) any substance or material which is in liquid state,

excluding liquefied natural gas, when transported by pipeline

facilities and which has been determined by the United States

secretary of transportation to pose an unreasonable risk to life

or property when transported by pipeline facilities.

(3) "Transportation of hazardous liquids or carbon dioxide"

means the movement of hazardous liquids or carbon dioxide by

pipeline, or their storage incidental to movement, except that it

does not include any such movement through gathering lines in

rural locations or production, refining, or manufacturing

facilities or storage or in-plant piping systems associated with

any of those facilities.

(4) "Pipeline facilities" includes new and existing pipe,

rights-of-way, and any equipment, facility, or building used or

intended for use in the transportation of hazardous liquids or

carbon dioxide.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 2,

eff. Sept. 1, 1993.

SUBCHAPTER B. JURISDICTION, POWERS, AND DUTIES

Sec. 117.011. JURISDICTION. (a) The commission has

jurisdiction over all pipeline transportation of hazardous

liquids or carbon dioxide and over all hazardous liquid or carbon

dioxide pipeline facilities as provided by 49 U.S.C. Section

60101 et seq.

(b) The commission may seek designation by the United States

secretary of transportation as an agent to conduct safety

inspections of interstate hazardous liquid or carbon dioxide

pipeline facilities located in this state.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 3,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 951, Sec. 1, eff.

June 18, 1997.

Sec. 117.012. RULES AND STANDARDS. (a) The commission shall

adopt rules that include safety standards for and practices

applicable to the intrastate transportation of hazardous liquids

or carbon dioxide by pipeline and intrastate hazardous liquid or

carbon dioxide pipeline facilities, including safety standards

related to the prevention of damage to 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.

(b) Rules that adopt safety standards do not apply to movement

of hazardous liquids or carbon dioxide through gathering lines in

rural locations or production, refining, or manufacturing

facilities or storage or in-plant piping systems associated with

any of those facilities.

must be compatible with those standards established by the United

States secretary of transportation under the Hazardous Liquid

Pipeline Safety Act of 1979 (Pub.L.No. 96-129).

(d) The commission may adopt rules that require a hazardous

liquid pipeline facility to prepare and submit for commission

approval a facility response plan for all or any part of a

hazardous liquid pipeline facility located landward of the coast.

Rules shall require the facility response plan to include plans

for responding, to the maximum extent practicable, to a worst

case discharge and to a substantial threat of such a discharge of

hazardous liquids that could reasonably be expected to cause

substantial harm to the environment by discharging into navigable

waters.

(e) Rules relating to facility response plans shall be

consistent with the provisions of the federal Water Pollution

Prevention and Control Act, 33 U.S.C. Section 1321(j)(5). Rules

shall provide that, in lieu of submitting a plan for approval

under Subsection (a), a facility may submit a facility response

plan prepared in compliance with the Water Pollution Prevention

and Control Act, 33 U.S.C. Section 1321(j)(5). A plan approved or

pending approval by the United States Department of

Transportation Office of Pipeline Safety shall be deemed approved

by the commission for the purposes of this section.

(f) Rules relating to facility response plans do not apply to a

hazardous liquid pipeline facility that is required to implement

a discharge prevention and response plan under the Oil Spill

Prevention and Response Act of 1991, Chapter 40, Natural

Resources Code.

(g) The commission shall adopt rules regarding:

(1) public education and awareness concerning hazardous liquid

or carbon dioxide pipeline facilities; and

(2) community liaison for the purpose of responding to an

emergency concerning a hazardous liquid or carbon dioxide

pipeline facility.

(h) The commission shall require operators or their designated

representatives to communicate and conduct liaison activities

with fire, police, and other appropriate public emergency

response officials. The liaison activities must be conducted by

meetings in person except as provided by this section. An

operator or the operator's representative may conduct required

community liaison activities as provided by Subsection (i) only

if the operator or the operator's representative has made an

effort, by one of the following methods, to conduct a community

liaison meeting in person with the officials:

(1) mailing a written request for a meeting in person to the

appropriate officials by certified mail, return receipt

requested;

(2) sending a request for a meeting in person to the appropriate

officials by facsimile transmission; or

(3) making one or more telephone calls or e-mail message

transmissions to the appropriate officials to request a meeting

in person.

(i) If the operator or operator's representative cannot arrange

a meeting in person after complying with Subsection (h), the

operator or the operator's representative shall conduct community

liaison activities by one of the following methods:

(1) holding a telephone conference with the appropriate

officials; or

(2) delivering the community liaison information required to be

conveyed by certified mail, return receipt requested.

(k) The commission by rule shall require the owner or operator

of each intrastate hazardous liquid or carbon dioxide pipeline

facility any part of which is located within 1,000 feet of a

public school building containing classrooms, or within 1,000

feet of another public school facility where students congregate,

to:

(1) on written request from the school district, provide in

writing the following parts of a pipeline emergency response plan

that are relevant to the school:

(A) a description and map of the pipeline facilities that are

within 1,000 feet of the school building or facility;

(B) a list of any product transported in the segment of the

pipeline that is within 1,000 feet of the school facility;

operator;

(D) information on the state's excavation one-call system; and

(E) information on how to recognize, report, and respond to a

product release; and

(2) mail a copy of the requested items by certified mail, return

receipt requested, to the superintendent of the school district

in which the school building or facility is located.

(l) A pipeline operator or the operator's representative shall

appear at a regularly scheduled meeting of the school board to

explain the items listed in Subsection (k) if requested by the

school board or school district.

(m) The commission may not require the release of parts of an

emergency response plan that include security sensitive

information including maps or data. Security sensitive

information shall be made available for review by but not

provided to the school board.

(n) In this subsection, "telecommunications service" and

"information service" have the meanings assigned by 47 U.S.C.

Section 153. Notwithstanding Subsection (a), this title does not

grant the commission jurisdiction or right-of-way management

authority over a provider of telecommunications service or

information service. A provider of telecommunications service or

information service shall comply with all applicable safety

standards, including those provided by Subchapter G, Chapter 756,

Health and Safety Code.

(o) The power granted by Subsection (a) does not apply to:

(1) surface mining operations; or

(2) other entities or occupations if the commission determines

in its rulemaking process that exempting those entities or

occupations from rules adopted under that subsection:

(A) is in the public interest; or

(B) is not likely to cause harm to the safety and welfare of the

public.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 4,

eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 616, Sec. 1, eff.

Aug. 28, 1995; Acts 1997, 75th Leg., ch. 951, Sec. 2, eff. June

18, 1997; Acts 2001, 77th Leg., ch. 1233, Sec. 61, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1082, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

267, Sec. 6, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1197, Sec. 2, eff. September 1, 2009.

Sec. 117.013. RECORDS AND REPORTS. (a) Each owner or operator

of a pipeline engaged in the transportation of hazardous liquids

or carbon dioxide within this state shall maintain records, make

reports, and provide any information the commission may require

under the jurisdiction granted by the Hazardous Liquid Pipeline

Safety Act of 1979 (Pub.L.No. 96-129) and this chapter.

(b) The commission, by rule, shall designate the records that

are required to be maintained and the reports that are to be

filed by the owner or operator and shall provide forms for

reports if necessary.

hazardous liquid or carbon dioxide pipeline facilities to prepare

and make available for inspection by its employees or agents or

file for approval a procedural manual for each such facility in

accordance with the requirements of Title 49, Part 195.402, Code

of Federal Regulations.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 5,

eff. Sept. 1, 1993.

Sec. 117.014. INSPECTION AND EXAMINATION OF RECORDS AND

PROPERTY. (a) The commission and its employees and designated

agents may enter property on which is located pipeline facilities

or any other property relating to the transportation of hazardous

liquids or carbon dioxide by pipeline and may inspect and examine

the records and property to the extent relevant to determine if a

person is acting in compliance with this chapter and rules

adopted by the commission under this chapter.

(b) Before the commission or its employees or designated agents

enter property for the purposes of this section, the person

requesting entry must present proper credentials to the person in

charge at the property.

made only at reasonable times and in a reasonable manner.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 6,

eff. Sept. 1, 1993.

Sec. 117.015. COMPLIANCE WITH FEDERAL LAW. The commission shall

make reports and certifications to the United States Department

of Transportation and shall take any other actions necessary to

comply with the Hazardous Liquid Pipeline Safety Act of 1979

(Pub.L. No. 96-129).

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983.

SUBCHAPTER C. ENFORCEMENT

Sec. 117.051. CIVIL PENALTY. A person who violates this chapter

or a rule adopted by the commission under this chapter is subject

to a civil penalty of not less than $50 nor more than $25,000 for

each act of violation and for each day of violation, provided

that the maximum civil penalty that may be assessed for any

related series of violations may not exceed $500,000.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1991, 72nd Leg., ch. 724, Sec. 2,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 92, Sec. 2, eff.

Sept. 1, 1993.

Sec. 117.052. ENFORCEMENT BY COMMISSION AND ATTORNEY GENERAL.

(a) If it appears that a rule of the commission has been or is

being violated, the commission may have a civil suit instituted

in a district court for injunctive relief to restrain the person

from continuing the violation or for the assessment and recovery

of a civil penalty under Section 117.051 of this code, or for

both the injunctive relief and the civil penalty.

(b) On application for injunctive relief and a finding that a

person has violated or is violating this chapter or a rule of the

commission adopted under this chapter, the district court shall

grant the injunctive relief the facts so warrant.

institute and conduct a suit in the name of the state for

injunctive relief to recover the civil penalty, or for both

injunctive relief and the civil penalty.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983.

Sec. 117.053. CRIMINAL PENALTY FOR VIOLATION OF CHAPTER AND

RULES. (a) A person who intentionally violates this chapter or

a rule adopted under this chapter commits an offense.

(b) An offense under this section is punishable by a fine of not

more than $25,000, confinement in the Texas Department of

Criminal Justice for a term of not more than five years, or both

such fine and imprisonment.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.137, eff. September 1, 2009.

Sec. 117.054. CRIMINAL PENALTY FOR INJURING OR DESTROYING

PIPELINE FACILITIES. (a) A person who intentionally injures or

destroys or attempts to injure or destroy any pipeline facility

in this state commits an offense.

(b) An offense under this section is punishable by a fine of not

more than $25,000, confinement in the Texas Department of

Criminal Justice for a term of not more than 15 years, or both

such fine and imprisonment.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.138, eff. September 1, 2009.

SUBCHAPTER D. MISCELLANEOUS PROVISIONS

Sec. 117.101. LIMITATIONS ON POWERS OF CITIES. (a) Except as

otherwise provided by this subchapter, this chapter may not be

construed to reduce, limit, or impair the authority provided by

law to any city.

(b) Except as provided by Subsection (c) of this section, a city

may not adopt or enforce an ordinance that establishes safety

standards or practices applicable to the pipeline transportation

of hazardous liquids or carbon dioxide or hazardous liquid or

carbon dioxide pipeline facilities that are subject to regulation

by federal or state law.

installing or relocating pipelines over, under, along, or across

public streets and alleys within the boundaries of the city.

Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 7,

eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

530, Sec. 3, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

720, Sec. 1, eff. September 1, 2005.

Sec. 117.102. AUTHORITY OF CITY TO ASSESS CHARGES. (a) Except

as otherwise provided by this section, a city may not assess a

charge for the placement, construction, maintenance, repair,

replacement, operation, use, relocation, or removal of a

hazardous liquid or carbon dioxide pipeline facility on, along,

or across a public road, highway, street, alley, stream, canal,

or other public way.

(b) A city may:

(1) assess a reasonable annual charge for the placement,

construction, maintenance, repair, replacement, operation, use,

relocation, or removal by an owner or operator of a hazardous

liquid or carbon dioxide pipeline facility on, along, or across

the public roads, highways, streets, alleys, streams, canals, or

other public ways located within the city and maintained by the

city; and

(2) recover the reasonable cost of repairing damage to a public

road, highway, street, alley, stream, canal, or other public way

located within the city and maintained by the city that is caused

by the placement, construction, maintenance, repair, replacement,

operation, use, relocation, or removal of a hazardous liquid or

carbon dioxide pipeline facility if the owner or operator of the

facility does not repair the damage in accordance with generally

applicable paving standards or other applicable standards in the

city.

cost to the city of administering, supervising, inspecting, and

otherwise regulating the location of the pipeline facility,

including maintaining records and maps of the location of the

pipeline facility.

(d) The owner or operator of a pipeline facility may appeal the

assessment of a charge under Subsection (b)(1) to the commission.

The commission shall hear the appeal de novo. Unless the city

that assessed the charge establishes that the charge is

authorized by this section, the commission shall declare the

charge invalid or reduce the charge to an amount authorized by

this section. The commission has exclusive jurisdiction to

determine whether a charge under Subsection (b)(1) is authorized

by this section. The owner or operator of the pipeline facility

and the city shall share equally the costs incurred by the

commission in connection with the appeal.

(e) A city must file suit to collect a charge authorized by

Subsection (b)(1) not later than the fourth anniversary of the

date the charge becomes due. The running of the limitations

period under this subsection is tolled on the filing of an appeal

of the charge under Subsection (d) and begins running again on

the date the appeal is determined.

(f) This section may not be construed to prevent a city from:

(1) recovering the reasonable cost of repairing damage to a city

facility, other than a public way, caused by acts of the owner or

operator of a pipeline facility; or

(2) requiring the owner or operator of a pipeline facility to

relocate the pipeline facility, at the owner's or operator's

expense, to permit the construction, maintenance, modification,

or alteration of a city facility.

(g) Notwithstanding Subsection (f)(2), the city shall pay the

cost of relocating a pipeline facility if the pipeline facility

is authorized by a property right that has priority over the

city's right to use the public way for the city facility.

Added by Acts 2005, 79th Leg., Ch.

530, Sec. 4, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

720, Sec. 2, eff. September 1, 2005.

State Codes and Statutes

State Codes and Statutes

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