Texas Utilities Code Title 3, Chapter 121 - Gas Pipelines

SUBCHAPTER A GAS UTILITY DEFINED

• Texas Section 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,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 121.007 - Transportation Of Gas To And From Liquefied Natural Gas Marine Terminal Excluded
  (a) A person who owns or operates a natural gas pipeline, a liquefied natural gas pipeline, or an underground storage facility is not a gas...

SUBCHAPTER B PUBLIC POLICY

• Texas Section 121.008 - Certain Storage Facilities Owned By Electric Cooperatives Excluded
  An electric cooperative, as that term is defined by Section 11.003, or its subsidiary, that sells electricity at wholesale is not a gas utility or...
• Texas Section 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...

SUBCHAPTER C DUTIES OF GAS UTILITIES AND PIPELINES

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D REGULATION BY RAILROAD COMMISSION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER E PIPELINE SAFETY

• Texas Section 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...
• Texas Section 121.201 - Safety Rules; Railroad Commission Power Under Delegated Federal Authority
  (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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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 $200,000, except...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F GAS SAFETY

• Texas Section 121.211 - Pipeline Safety And Regulatory Fees
  (a) The railroad commission by rule may adopt a fee to be assessed annually against operators of natural gas distribution pipelines and their pipeline facilities...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G ENFORCEMENT REMEDIES

• Texas Section 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.
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER H APPEALS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER I SOUR GAS PIPELINE FACILITIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER J TESTING OF NATURAL GAS PIPING SYSTEMS IN SCHOOL FACILITIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.

Last modified: September 28, 2016