The railroad commission must adopt and enforce safety rules for certain gas pipeline facilities, including emergency liaison requirements, weatherization measures, inspections, and penalties for unremedied violations.
Sec. 121.2015. REQUIRED SAFETY RULES. (a) The railroad commission shall adopt rules regarding: (1) public education and awareness relating to gas pipeline facilities; (2) community liaison for responding to an emergency relating to a gas pipeline facility; and (3) measures a gas pipeline facility operator must implement to prepare the gas pipeline facility to maintain service quality and reliability during extreme weather conditions if the gas pipeline facility: (A) directly serves a natural gas electric generation facility operating solely to provide power to the electric grid for the ERCOT power region or for the ERCOT power region and an adjacent power region; and (B) is included on the electricity supply chain map created under Section 38.203. (a-1) In adopting rules under Subsection (a)(3), the railroad commission shall take into consideration weather predictions produced by the office of the state climatologist. (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. (c-1) The railroad commission shall: (1) inspect gas pipeline facilities described by Subsection (a)(3) for compliance with rules adopted under Subsection (a)(3); (2) provide the owner of a facility described by Subsection (a)(3) with a reasonable period of time in which to remedy any violation the railroad commission discovers in an inspection; and (3) report to the attorney general any violation that is not remedied in a reasonable period of time. (c-2) The railroad commission shall prioritize inspections conducted under Subsection (c-1)(1) based on risk level, as determined by the railroad commission. (d) The railroad commission by rule shall require a gas pipeline facility operator described by Subsection (a)(3) that experiences repeated or major weather-related forced interruptions of service to: (1) contract with a person who is not an employee of the operator to assess the operator's weatherization plans, procedures, and operations; and (2) submit the assessment to the commission. (e) The railroad commission may require an operator of a gas pipeline facility described by Subsection (a)(3) to implement appropriate recommendations included in an assessment submitted to the commission under Subsection (d). (f) The railroad commission shall assess an administrative penalty against a person who violates a rule adopted under Subsection (a)(3) if the violation is not remedied in a reasonable period of time in the manner provided by this subchapter. 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 (H.B. 4300), Sec. 1, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 21, eff. June 8, 2021.