CHAPTER 121. GAS PIPELINES
UTILITIES CODE
TITLE 3. GAS REGULATION
SUBTITLE B. REGULATION OF TRANSPORTATION AND USE
CHAPTER 121. GAS PIPELINES
SUBCHAPTER A. GAS UTILITY DEFINED
Sec. 121.001. DEFINITION OF GAS UTILITY. (a) In this chapter,
"gas utility" means a person who owns, manages, operates, leases,
or controls in this state property or equipment or a pipeline,
plant, facility, franchise, license, or permit for a business
that:
(1) transports, conveys, distributes, or delivers natural gas:
(A) for public use or service for compensation;
(B) for sale to municipalities or persons engaged in
distributing or selling natural gas to the public, in a situation
described by Subdivision (3);
(C) for sale or delivery to a person operating under a franchise
or contract with a political subdivision of this state; or
(D) for sale or delivery to the public for domestic or other
use;
(2) owns, operates, or manages a pipeline:
(A) that is for transporting or carrying natural gas, whether
for public hire or not; and
(B) for which the right-of-way has been or is hereafter acquired
by exercising the right of eminent domain; or
(3) produces or purchases natural gas and transports or causes
the transportation of natural gas by a pipeline to or near the
limits of a municipality in which the gas is received and
distributed or sold to the public by another gas utility or by
the municipality in a situation in which the business is the only
or practically the only agency of supply of natural gas to the
gas utility or municipality.
(b) In this subchapter, "person" means an individual, company,
limited liability company, or private corporation and includes a
lessee, trustee, or receiver of an individual, company, limited
liability company, or private corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 11, Sec. 2, eff. May 3,
1999.
Sec. 121.002. AFFILIATE OF GAS UTILITY EXCLUDED. A person is
not a gas utility solely because the person is an affiliate of a
gas utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.003. AGRICULTURAL SERVICE EXCLUDED. (a) The act or
acts of transporting, delivering, selling, or otherwise making
available natural gas for fuel, either directly or indirectly, to
an owner of an irrigation well, or the sale, transportation, or
delivery of natural gas for any other direct use in an
agricultural activity, does not make a person a gas utility or
make the person subject to the jurisdiction, control, and
regulation of the railroad commission as a gas utility.
(b) In order for a person furnishing natural gas to qualify for
the exemption under Subsection (a), the person to whom the gas
was furnished under Subsection (a) shall use the gas exclusively
to pump water for farm and other agricultural purposes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.004. TRANSPORTATION OF GAS SOLELY FOR INTERSTATE
COMMERCE EXCLUDED. Except as provided by Section 121.001(a)(2),
a person is not a gas utility if the person certifies to the
railroad commission that the person transports natural or
synthetic gas, for sale, for hire, or otherwise, solely in, or in
the vicinity of, the field or fields where the gas is produced,
to another person for transportation or sale in interstate
commerce.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.005. TRANSPORTATION OF GAS IN VICINITY OF PLACE OF
PRODUCTION EXCLUDED. (a) Except as provided by Section
121.001(a)(2), a person is not a gas utility if the person
certifies to the railroad commission that the person transports
natural or synthetic gas, for sale, for hire, or otherwise,
solely:
(1) in, or in the vicinity of, the field or fields where the gas
is produced to a gas processing plant or treating facility;
(2) from the outlet of a gas processing plant or treating
facility described by Subdivision (1) to a person:
(A) at, or in the vicinity of, the plant or treating facility;
or
(B) described by Subdivision (3) or Section 121.004; or
(3) to another person in, or in the vicinity of, the field or
fields where the gas is produced for transportation or sale in
intrastate commerce.
(b) A person is not a gas utility because the person delivers or
sells gas:
(1) for lease use, compressor fuel, processing plant fuel, or a
similar use;
(2) under a lease or right-of-way agreement;
(3) in, or in the vicinity of, the field where the gas is
produced; or
(4) at a processing plant outlet.
(c) Subsection (b) does not exclude as a gas utility a pipeline
that:
(1) transmits or distributes to end users of gas, other than:
(A) those described by Subsection (b); or
(B) a person who qualifies for the exemption provided by Section
121.003; or
(2) makes city-gate deliveries for local distribution.
(d) The railroad commission may review a certification made by a
person under Subsection (a). The railroad commission shall
invite a person whose certification is being reviewed to an
informal meeting to resolve the person's status under this
subsection. If the person's status remains unresolved after the
informal meeting and there is sufficient reason to move forward,
the railroad commission shall provide notice and an opportunity
for a hearing. After notice and an opportunity for a hearing, the
railroad commission may determine whether the person is eligible
for an exemption under this subsection.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
406, Sec. 1, eff. September 1, 2009.
Sec. 121.006. VEHICLE FUEL EXCLUDED. A person is not a gas
utility to the extent that the person:
(1) sells natural gas for use as vehicle fuel;
(2) sells natural gas to a person who later sells the natural
gas for use as vehicle fuel; or
(3) owns or operates equipment or facilities to sell or
transport the natural gas for ultimate use as vehicle fuel.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.007. TRANSPORTATION OF GAS TO AND FROM LIQUEFIED
NATURAL GAS MARINE TERMINAL EXCLUDED. (a) A person operating a
natural gas pipeline, a liquefied natural gas pipeline, or an
underground storage facility is not a gas utility if the person
certifies to the railroad commission that the person uses the
pipeline or underground storage facility solely to deliver
natural gas or liquefied natural gas or the constituents of
natural gas or liquefied natural gas:
(1) to a liquefied natural gas marine terminal;
(2) from a liquefied natural gas marine terminal to the owner of
the gas or another person on behalf of the owner of the gas;
(3) that is acquired, liquefied, or sold by the person as
necessary for the operation or maintenance of its facility that
is excluded as a gas utility under this section; or
(4) that has been stored for export.
(b) This section does not confer the power of eminent domain to
a pipeline or underground storage facility excluded as a gas
utility under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
709, Sec. 2, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
406, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
556, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. PUBLIC POLICY
Sec. 121.051. GAS UTILITY: PUBLIC INTEREST AND JURISDICTION OF
RAILROAD COMMISSION. (a) A gas utility, including a business
described by Section 121.001(a)(3), is affected with a public
interest.
(b) A business described by Section 121.001(a)(3) is a virtual
monopoly.
(c) A business described by Section 121.001(a)(3) and the
property of the business used in this state is subject to the
jurisdiction, control, and regulation of the railroad commission
as provided by this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.052. PIPELINES: MONOPOLIES SUBJECT TO RAILROAD
COMMISSION. (a) The operation of a pipeline for buying,
selling, transporting, producing, or otherwise dealing in natural
gas is a business which in its nature and according to the
established method of conducting the business is a monopoly.
(b) A business described by this section may not be conducted
unless the gas pipeline used in connection with the business is
subject to the jurisdiction conferred by this chapter on the
railroad commission.
(c) The attorney general shall enforce this section by
injunction or other remedy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER C. DUTIES OF GAS UTILITIES AND PIPELINES
Sec. 121.101. MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE.
(a) A gas utility shall maintain an office in this state in a
county in which some part of the gas utility's property is
located. The gas utility shall keep in this office all books,
accounts, papers, records, vouchers, and receipts that the
railroad commission requires.
(b) A book, account, paper, record, receipt, voucher, or other
item of information required by the railroad commission to be
kept in this state may not be removed from this state except as
prescribed by the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.102. OPERATOR'S REPORT. The railroad commission may
require a person or corporation that owns, controls, or operates
a pipeline subject to this chapter to make to the commission a
sworn report of any matter relating to the business of the person
or corporation that the commission determines to be pertinent,
including:
(1) the total quantity of gas distributed by the pipelines;
(2) the total quantity of gas held in storage;
(3) the source of supply of gas;
(4) the number of wells from which the person or corporation
draws its supply;
(5) the amount of pipeline pressure maintained; and
(6) the amount and character and description of the equipment
used.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.103. DUTY TO SERVE CERTAIN USERS EXTINGUISHED. (a) A
gas utility that provides gas to a customer does not have an
obligation to serve the customer or to maintain the gas supply or
physical capacity to serve the customer if the customer:
(1) is a transportation, industrial, commercial, or other
similar large-volume contract customer;
(2) is an end-use customer of the gas utility;
(3) reduces or ceases the purchase of natural gas or natural gas
service from the gas utility; and
(4) purchases natural gas or natural gas service from another
supplier or purchases an alternate form of energy.
(b) Subsection (a) does not apply to the extent that:
(1) the customer continues to purchase natural gas or natural
gas service of any class from the gas utility; or
(2) the gas utility has a written contract to provide natural
gas or natural gas service of any class to the customer.
(c) This section does not prevent the railroad commission from
requiring a gas utility to comply with an order of the railroad
commission in apportioning gas under a curtailment plan and
order.
(d) Notwithstanding Subsection (a), a gas utility that has
provided gas to a commercial customer is obligated to serve that
customer if the gas utility has a sufficient gas supply and
physical capacity to do so without reducing service to its other
customers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 69, eff. Sept. 1,
2001.
Sec. 121.104. DISCRIMINATION IN SERVICE AND CHARGES PROHIBITED.
(a) A pipeline gas utility may not:
(1) discriminate in favor of or against any person or place in:
(A) apportioning the supply of natural gas; or
(B) charging for natural gas; or
(2) directly or indirectly charge, demand, collect, or receive
from anyone a greater or lesser compensation for a service
provided than the compensation charged, demanded, or received
from another for a similar and contemporaneous service.
(b) This section does not limit the right of the railroad
commission to prescribe:
(1) different rates and rules for the use of natural gas for
manufacturing and similar purposes; or
(2) rates and rules for service from or to other or different
places.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. REGULATION BY RAILROAD COMMISSION
Sec. 121.151. RAILROAD COMMISSION REGULATION OF GAS PIPELINES.
The railroad commission shall:
(1) establish and enforce the adequate and reasonable price of
gas and fair and reasonable rates of charges and rules for
transporting, producing, distributing, buying, selling, and
delivering gas by pipelines subject to this chapter in this
state;
(2) establish fair and equitable rules for the full control and
supervision of the pipelines subject to this chapter and all
their holdings pertaining to the gas business in all their
relations to the public, as the railroad commission determines to
be proper;
(3) establish a fair and equitable division of the proceeds of
the sale of gas between the companies transporting or producing
the gas and the companies distributing or selling it;
(4) prescribe and enforce rules for the government and control
of pipelines subject to this chapter in respect to their
pipelines and producing, receiving, transporting, and
distributing facilities;
(5) regulate and apportion the supply of gas between
municipalities and between municipalities and corporations; and
(6) prescribe fair and reasonable rules requiring pipelines
subject to this chapter to augment their supply of gas, when:
(A) the supply of gas controlled by any gas pipeline is
inadequate; and
(B) the railroad commission determines that augmentation is
practicable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.152. INITIATION OF REGULATORY PROCEEDING. The railroad
commission shall exercise power under Section 121.151:
(1) on:
(A) its own motion;
(B) the petition of a person or county commissioner's precinct
showing a substantial interest in the subject;
(C) the petition of the attorney general; or
(D) the petition of a district or county attorney of a county in
which any portion of a business subject to this chapter is
conducted; and
(2) after notice has been given.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.153. RAILROAD COMMISSION REVIEW OF GAS PIPELINE ORDERS
AND AGREEMENTS. The railroad commission, after notice to a
person or corporation owning, controlling, or operating a
pipeline subject to this chapter and after a hearing, may review,
revise, and regulate an order or agreement that is made by the
person or corporation and establishes a price, rate, rule,
regulation, or condition of service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.154. REFUND OF EXCESS CHARGES. (a) On a complaint
against a person or corporation owning or operating a pipeline
business subject to this chapter filed by any person authorized
by Section 121.152 to file a petition and complaint and sustained
in whole or in part by the railroad commission, each customer of
the pipeline is entitled to reparation for or reimbursement of a
rate or charge made or adopted by the pipeline for a purpose
relating to the operation of that business, including a rate or
charge for gas, service, or meter rental, or in the event of an
inadequate supply of gas or inadequate service in any respect.
(b) The amount recoverable under Subsection (a) is the amount
paid after the filing of the complaint in excess of the proper
rate or charge of the pipeline as finally determined by the
railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.155. RATE REDUCTION OR DETERMINATION BY MUNICIPALITY
AND APPEAL. A gas utility the rates of which have been reduced
by a municipality may appeal the municipal order, decision,
regulation, or ordinance to the railroad commission. The appeal
is initiated by filing with the railroad commission in the manner
and on the conditions that the railroad commission may direct a
petition for review and a bond. The appeal is de novo. The
railroad commission shall set a hearing and may make any order or
decision in relation to the matter appealed that the commission
considers just and reasonable. To change a rate, rental, or
charge, a gas utility that is a local distributing company or
concern and the rates of which have been established by a
municipality must submit an application to the municipality in
which the utility is located. The municipality shall make a
determination on an application not later than the 60th day after
the date the application is filed. If the municipality rejects
the application or fails or refuses to act on the application on
or before the deadline prescribed by this section, the gas
utility may appeal to the railroad commission as provided by this
section. The railroad commission shall make a determination on
the appeal not later than the 60th day after the date the appeal
is filed unless the gas utility agrees in writing to a longer
period. The rates established by the municipality remain in
effect until changed by the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.157. RAILROAD COMMISSION EMPLOYEES. (a) The railroad
commission may employ or appoint persons as necessary to:
(1) inspect and audit records or receipts, disbursements,
vouchers, prices, payrolls, time cards, and books;
(2) inspect the property and records of a gas utility subject to
this chapter; and
(3) perform other services as directed by, or under the
authority of, the railroad commission.
(b) The railroad commission shall set the amount of compensation
for persons employed by the railroad commission.
(c) The chief supervisor of the oil and gas division of the
railroad commission shall assist the railroad commission in the
performance of the railroad commission's duties under this
chapter, as directed by, and under the rules of, the railroad
commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.158. PAYMENT FROM THE GENERAL REVENUE FUND. All
expenses, including witness fees and mileage, employee wages and
fees, and the salary and expenses of the chief supervisor of the
oil and gas division of the railroad commission incurred by or
under authority of the railroad commission or a railroad
commissioner in administering and enforcing, or exercising a
power under, this chapter shall be paid from the general revenue
fund.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER E. PIPELINE SAFETY
Sec. 121.201. SAFETY RULES: RAILROAD COMMISSION POWER. (a) The
railroad commission may:
(1) by rule prescribe or adopt safety standards for the
transportation of gas and for gas 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;
(2) by rule require an operator that does not file operator
organization information under Section 91.142, Natural Resources
Code, to provide the information to the commission in the form of
an application;
(3) by rule require record maintenance and reports;
(4) inspect records and facilities to determine compliance with
safety standards prescribed or adopted under Subdivision (1);
(5) make certifications and reports from time to time;
(6) seek designation by the United States secretary of
transportation as an agent to conduct safety inspections of
interstate gas pipeline facilities located in this state; and
(7) by rule take any other requisite action in accordance with
49 U.S.C. Section 60101 et seq., or a succeeding law.
(b) The power granted by Subsection (a):
(1) does not apply to the transportation of gas or to gas
facilities subject to the exclusive control of the United States
but applies to the transportation of gas and gas pipeline
facilities in this state to the maximum degree permissible under
49 U.S.C. Section 60101 et seq., or a succeeding law; and
(2) is granted to provide exclusive state control over safety
standards and practices applicable to the transportation of gas
and gas pipeline facilities within the borders of this state to
the maximum degree permissible under that law.
(c) A term that is used in this section and defined by Chapter
601, Title 49, United States Code (49 U.S.C. Section 60101 et
seq.), or a succeeding law has the meaning assigned by that
chapter or the succeeding law.
(d) 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 railroad 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.
(e) The power granted by Subsection (a) does not apply to:
(1) surface mining operations; or
(2) other entities or occupations if the railroad 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.12(a), eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1272, Sec. 1, eff. June
18, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
267, Sec. 13, eff. September 1, 2005.
Sec. 121.2015. REQUIRED SAFETY RULES. (a) The railroad
commission shall adopt rules regarding:
(1) public education and awareness relating to gas pipeline
facilities; and
(2) community liaison for responding to an emergency relating to
a gas pipeline facility.
(b) The railroad 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
(c) only if the operator or the operator's representative has
made an effort to conduct a community liaison meeting in person
with the officials by one of the following methods:
(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.
(c) If the operator or operator's representative cannot arrange
a meeting in person after complying with Subsection (b), 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.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.12(b), eff. Sept.
1, 1999. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 70, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1197, Sec. 1, eff. September 1, 2009.
Sec. 121.202. MUNICIPAL AND COUNTY AUTHORITY. (a) A
municipality or a county may not adopt or enforce an ordinance
that establishes a safety standard or practice applicable to a
facility that is regulated under this subchapter, another state
law, or a federal law.
(b) Except as provided by Subsection (a) and by Section
121.2025, this subchapter does not reduce, limit, or impair:
(1) a power vested by law in:
(A) a county in relation to a county road; or
(B) a municipality; or
(2) the ability of a municipality to:
(A) adopt an ordinance that establishes conditions for mapping,
inventorying, locating, or relocating pipelines over, under,
along, or across a public street or alley or private residential
area in the boundaries of the municipality; or
(B) establish conditions for mapping or taking an inventory in
an area in a municipality's extraterritorial jurisdiction.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
530, Sec. 5, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch.
720, Sec. 3, eff. September 1, 2005.
Sec. 121.2025. AUTHORITY OF MUNICIPALITY TO ASSESS CHARGES. (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.
(b) A municipality 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 gas pipeline
facility on, along, or across the public roads, highways,
streets, alleys, streams, canals, or other public ways located
within the municipality and maintained by the municipality; 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 municipality and maintained by the
municipality that is caused by the placement, construction,
maintenance, repair, replacement, operation, use, relocation, or
removal of a gas 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 municipality.
(c) A charge authorized by Subsection (b)(1) may not exceed the
cost to the municipality of administering, supervising,
inspecting, and otherwise regulating the location of the gas
pipeline facility, including maintaining records and maps of the
location of the pipeline facility.
(d) The owner or operator of a gas pipeline facility may appeal
the assessment of a charge under Subsection (b)(1) to the
railroad commission. The railroad commission shall hear the
appeal de novo. Unless the municipality that assessed the charge
establishes that the charge is authorized by this section, the
railroad commission shall declare the charge invalid or reduce
the charge to an amount authorized by this section. The railroad
commission has exclusive jurisdiction to determine whether a
charge under Subsection (b)(1) is authorized by this section.
The owner or operator of the gas pipeline facility and the
municipality shall share equally the costs incurred by the
railroad commission in connection with the appeal.
(e) A municipality 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 municipality
from:
(1) recovering the reasonable cost of repairing damage to a
municipal facility, other than a public way, caused by acts of
the owner or operator of a gas pipeline facility; or
(2) requiring the owner or operator of a gas 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 municipal facility.
(g) Notwithstanding Subsection (f)(2), the municipality shall
pay the cost of relocating a gas pipeline facility if the
pipeline facility is authorized by a property right that has
priority over the municipality's right to use the public way for
the municipal facility.
Added by Acts 2005, 79th Leg., Ch.
530, Sec. 6, eff. June 17, 2005.
Added by Acts 2005, 79th Leg., Ch.
720, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1311, Sec. 1, eff. June 19, 2009.
Sec. 121.203. ENFORCEMENT: INJUNCTION. The attorney general, on
behalf of the railroad commission, is entitled to injunctive
relief to restrain a violation of a safety standard adopted under
this subchapter, including an injunction that restrains the
transportation of gas or the operation of a pipeline facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.204. CIVIL PENALTY. Each day of each violation of a
safety standard adopted under this subchapter is subject to a
civil penalty of not more than $25,000, except that the maximum
penalty that may be assessed for any related series of violations
may not exceed $500,000. The penalty is payable to the state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.205. SETTLEMENT BY ATTORNEY GENERAL. A civil penalty
under Section 121.204 may be compromised by the attorney general
who in determining a compromise shall consider:
(1) the appropriateness of the penalty in relation to the size
of the business of the person charged;
(2) the gravity of the violation; and
(3) the good faith of the person charged in attempting to
achieve compliance after notification of the violation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 121.206. ADMINISTRATIVE PENALTY FOR VIOLATION OF PIPELINE
SAFETY STANDARD OR RULE. (a) The railroad commission may assess
an administrative penalty against a person who violates Section
121.201 or a safety standard or other rule prescribed or adopted
under that section.
(b) The penalty for each violation may not exceed $10,000. Each
day a violation continues may be considered a separate violation
for the purpose of penalty assessment.
(c) In determining the amount of the penalty, the railroad
commission shall consider the guidelines adopted under Subsection
(d).
(d) The railroad commission by rule shall adopt guidelines to be
used in determining the amount of a penalty under this
subchapter. The guidelines shall include a penalty calculation
worksheet that specifies the typical penalty for certain
violations, circumstances justifying enhancement of a penalty and
the amount of the enhancement, and circumstances justifying a
reduction in a penalty and the amount of the reduction. The
guidelines shall take into account:
(1) the person's history of previous violations of Section
121.201 or a safety standard or other rule prescribed or adopted
under that section, including the number of previous violations;
(2) the seriousness of the violation and of any pollution
resulting from the violation;
(3) any hazard to the health or safety of the public;
(4) the degree of culpability;
(5) the demonstrated good faith of the person charged; and
(6) any other factor the commission considers relevant.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(b), eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1233, Sec. 71, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
267, Sec. 14, eff. September 1, 2005.
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.
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.
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.
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.
Sec. 121.211. PIPELINE SAFETY FEES. (a) The railroad
commission by rule may adopt an inspection fee to be assessed
annually against operators of natural gas distribution pipelines
and their pipeline facilities and natural gas master metered
pipelines and their pipeline facilities subject to this chapter.
(b) The railroad commission by rule shall establish the method
by which the fee will be calculated and assessed. In adopting a
fee structure, the railroad commission may consider any factors
necessary to provide for the equitable allocation among operators
of the costs of administering the railroad commission's pipeline
safety program under this chapter.
(c) The total amount of fees estimated to be collected under
rules adopted by the railroad commission under this section may
not exceed the amount estimated by the railroad commission to be
necessary to recover the costs of administering the railroad
commission's pipeline safety program under this chapter,
excluding costs that are fully funded by federal sources.
(d) The commission may assess each operator of a natural gas
distribution system subject to this chapter an annual inspection
fee not to exceed one dollar for each service line reported by
the system on the Distribution Annual Report, Form RSPA
F7100.1-1, due on March 15 of each year. The fee is due March 15
of each year.
(e) The railroad commission may assess each operator of a
natural gas master metered system subject to this chapter an
annual inspection fee not to exceed $100 for each master metered
system. The fee is due June 30 of each year.
(f) The railroad commission may assess a late payment penalty of
10 percent of the total assessment due under Subsection (d) or
(e) that is not paid within 30 days after the annual due date
established by the applicable subsection.
(g) Each operator of a natural gas distribution system and each
natural gas master meter operator shall recover as a surcharge to
its existing rates the amounts paid to the commission under this
section. Amounts collected under this subsection by an
investor-owned natural gas distribution system or a cooperatively
owned natural gas distribution system shall not be included in
the revenue or gross receipts of the company for the purpose of
calculating municipal franchise fees or any tax imposed under
Subchapter B, Chapter 182, Tax Code, or under Chapter 122. Those
amounts are not subject to a sales and use tax imposed by Chapter
151, Tax Code, or Subtitle C, Title 3, Tax Code.
(h) A fee collected under this section shall be deposited to the
credit of the general revenue fund to be used for the pipeline
safety program.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 12(a), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 520, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 21.003, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
948, Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
62, Sec. 1, eff. September 1, 2009.
SUBCHAPTER F. GAS SAFETY
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.
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.
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.
SUBCHAPTER G. ENFORCEMENT REMEDIES
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.
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 penalty
under this section is payable to the state and shall be not less
than $100 and not more than $1,000 for each violation or failure.
(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.
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.
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 may not exceed
$10,000 a day. Each day a violation continues may be considered a
separate violation for purposes of penalty assessment.
(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.
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.
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.
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.
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.
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.
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 is punishable by a fine of not
less than $50 and not more than $1,000. 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER H. APPEALS
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.
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.
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.
SUBCHAPTER I. SOUR GAS PIPELINE FACILITIES
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.
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, 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.
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.
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.
SUBCHAPTER J. TESTING OF NATURAL GAS PIPING SYSTEMS IN SCHOOL
FACILITIES
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.
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.
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.
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.
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.
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.
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.
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.