HB 2572 Signed by Gov

H.B. No. 2572

	AN ACT
	relating to the authority of a gas corporation to use a public
	right-of-way.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 121.2025(a), Utilities Code, is amended
	to read as follows:
	(a) Except as otherwise provided by this section or Section
	182.025, Tax Code, a municipality may not assess a charge for the
	placement, construction, maintenance, repair, replacement,
	operation, use, relocation, or removal of a gas pipeline facility
	on, along, under, or across a public road, highway, street, alley,
	stream, canal, or other public way.
	SECTION 2. Section 181.005, Utilities Code, is amended to
	read as follows:
	Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. (a) A
	gas corporation has the right to lay and maintain lines over, along,
	under, and across a public road, a railroad, railroad right-of-way,
	an interurban railroad, a street railroad, a canal or stream, or a
	municipal street or alley only if:
	(1) the pipeline complies with:
	(A) all safety regulations adopted by the
	Railroad Commission of Texas and all federal regulations relating
	to pipeline facilities and pipelines; and
	(B) all rules adopted by the Texas Department of
	Transportation or the Railroad Commission of Texas and all federal
	regulations regarding the accommodation of utility facilities on a
	right-of-way, including regulations relating to the horizontal or
	vertical placement of the pipeline; and
	(2) the owner or operator of the pipeline ensures that
	the public right-of-way and any associated facility are promptly
	restored to their former condition of usefulness after the
	installation or maintenance of the pipeline.
	(b) The right granted by Subsection (a) relating to the use
	of a municipal street or alley is subject to the payment of charges
	in accordance with Section 121.2025 of this code and Sections
	182.025 and 182.026, Tax Code.
	(c) In determining the route of a pipeline within a
	municipality, a gas corporation shall consider using existing
	easements and public rights-of-way, including streets, roads,
	highways, and utility rights-of-way. In deciding whether to use a
	public easement or right-of-way, the gas corporation shall consider
	whether:
	(1) the use is economically practicable;
	(2) adequate space exists; and
	(3) the use will violate, or cause the violation of any
	pipeline safety regulations.
	(d) The Texas Department of Transportation may require the
	owner or operator of a pipeline to relocate the pipeline:
	(1) at the expense of the owner or operator of the
	pipeline, if the pipeline is located on a right-of-way of the state
	highway system;
	(2) at the expense of this state, if the pipeline is
	located on property in which the owner or operator of the pipeline
	has a private interest; or
	(3) in accordance with Section 203.092,
	Transportation Code, at the expense of this state, if the pipeline
	is owned or operated by a gas utility as defined by Section 181.021
	of this code or a common carrier as defined by Chapter 111, Natural
	Resources Code.
	(e) Rules adopted by the Texas Department of Transportation
	regarding horizontal and vertical placement of pipelines must be
	reasonable and, for rights-of-way of the state highway system, must
	provide an appeals process through the Texas Department of
	Transportation.
	SECTION 3. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2572 was passed by the House on April
	28, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2572 on May 25, 2009, by the following vote: Yeas 146, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2572 was passed by the Senate, with
	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor SOURCE: Texas Legislature on Line