NATURAL RESOURCES CODE
CHAPTER 117. HAZARDOUS LIQUID OR CARBON DIOXIDE PIPELINE
TRANSPORTATION INDUSTRY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 2, eff.
Sept. 1, 1993.
[Sections 117.002 to 117.010 reserved for expansion]
SUBCHAPTER B. JURISDICTION, POWERS, AND DUTIES
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 3, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 951, § 1, eff. June 18,
1997.
§ 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.
(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 make an effort,
by one of the following methods, to conduct community liaison
activities by means of a telephone conference call with the
officials:
(1) mailing a written request for a telephone
conference to the appropriate officials by certified mail, return
receipt requested;
(2) sending a request for a telephone conference 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
telephone conference.
(j) If the operator or the operator's representative has
made the efforts required by Subsections (h) and (i) but has not
successfully arranged a meeting in person or a telephone
conference, the community liaison information required to be
conveyed may be delivered by mailing the information 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.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 4, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 616, § 1, eff. Aug. 28,
1995; Acts 1997, 75th Leg., ch. 951, § 2, eff. June 18, 1997;
Acts 2001, 77th Leg., ch. 1233, § 61, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1082, § 1, eff. June 20, 2003.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 5, eff.
Sept. 1, 1993.
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 6, eff.
Sept. 1, 1993.
§ 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, § 1, eff. Aug.
29, 1983.
[Sections 117.016 to 117.050 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
§ 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1991, 72nd Leg., ch. 724, § 2, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 92, § 2, eff. Sept. 1,
1993.
§ 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, § 1, eff. Aug.
29, 1983.
§ 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
Corrections 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, § 1, eff. Aug.
29, 1983.
§ 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
Corrections 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, § 1, eff. Aug.
29, 1983.
[Sections 117.055 to 117.100 reserved for expansion]
SUBCHAPTER D. MISCELLANEOUS PROVISIONS
§ 117.101. LIMITATIONS ON POWERS OF CITIES. (a) 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, § 1, eff. Aug.
29, 1983. Amended by Acts 1993, 73rd Leg., ch. 28, § 7, eff.
Sept. 1, 1993.
