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.
(c) The safety standards adopted by the commission in its rules
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;
(C) the designated emergency number for the pipeline 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.
(c) The commission may require the owners or operators of
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.
(c) Entry, examination, and inspection under this section may be
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.
(c) At the request of the commission, the attorney general shall
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.
(c) A city may adopt ordinances that establish conditions for
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.
(c) A charge authorized by Subsection (b)(1) may not exceed the
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.