Sec. 121.214. PIPELINE INCIDENT REPORTING AND RECORDS. (a) In this section:

(1) "Distribution gas pipeline facility" means a pipeline facility that distributes natural gas directly to end use customers.

(2) "Pipeline incident" means an event involving a release of gas from a pipeline that:

(A) under federal regulations, gives rise to a duty of a distribution gas pipeline facility operator to report the event to a federal agency; or

(B) results in one or more of the following consequences:

(i) a death or a personal injury necessitating in-patient hospitalization;

(ii) estimated property damage greater than or equal to the greater of:

(a) $50,000, including loss to the operator, loss to others, or both, but excluding cost of gas lost; or

(b) an amount under federal regulations that gives rise to the duty of a distribution gas pipeline facility operator to report the event to a federal agency; or

(iii) unintentional estimated gas loss of three million cubic feet or more.

(3) "State record" has the meaning assigned by Section 441.180, Government Code.

(b) The railroad commission by rule shall require a distribution gas pipeline facility operator, after a pipeline incident involving the operator's pipelines, to:

(1) notify the commission of the incident before the expiration of one hour following the operator's discovery of the incident;

(2) provide the following information to the commission before the expiration of one hour following the operator's discovery of the incident:

(A) the pipeline operator's name and telephone number;

(B) the location of the incident;

(C) the time of the incident; and

(D) the telephone number of the operator's on-site person; and

(3) provide the following information to the commission when the information is known by the operator:

(A) the fatalities and personal injuries caused by the incident;

(B) the cost of gas lost;

(C) estimated property damage to the operator and others;

(D) any other significant facts relevant to the incident, including facts related to ignition, explosion, rerouting of traffic, evacuation of a building, and media interest; and

(E) other information required under federal regulations to be provided to the Pipeline and Hazardous Materials Safety Administration or a successor agency after a pipeline incident or similar incident.

(c) The railroad commission shall retain state records of the railroad commission regarding a pipeline incident perpetually.

Added by Acts 2019, 86th Leg., R.S., Ch. 1048 (H.B. 864), Sec. 2, eff. September 1, 2019.