Title UT, Utilities Code

Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or penalty collected under this subtitle, other than a fine or penalty collected in a criminal proceeding, shall be paid to the railroad commission. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. SUBCHAPTER C. C…

Sec. 105.051. COMPLAINT BY AFFECTED PERSON. An affected person may complain to the regulatory authority in writing setting forth an act or omission by a gas utility in violation or claimed violation of a law that the regulatory authority has jurisdiction to administer or of an or…

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, conve…

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…

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 o…

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 hi…

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 facilit…

Sec. 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 utility if the person certifies to the railr…

Sec. 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 subject to regulation as a gas utility solely becau…

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 busin…

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 busine…

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, voucher…

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 c…

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, industria…

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, d…

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 deli…

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…

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 …

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 r…

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…

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 utili…

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 railroa…

Sec. 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 standards related to the preve…

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 …

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 p…

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 remo…

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 …

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 $200,000, except that the maximum penalty that may be assessed for any related series of violations may not exceed $2 million.…

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)…

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 this subchapter. (…

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…

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 w…

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…

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 AND REGULATORY FEES. (a) The railroad commission by rule may adopt a fee to be assessed annually against operators of gas distribution pipelines and their pipeline facilities and gas master metered pipelines and their pipeline facilities subject to t…

Sec. 121.213. INSTALLATION, REMOVAL, AND REPLACEMENT OF CERTAIN PIPELINES. (a) In this section, "distribution gas pipeline facility" means a pipeline facility that distributes gas directly to end-use customers. (b) A distribution gas pipeline facility operator may not install as …

Sec. 121.214. PIPELINE INCIDENT REPORTING AND RECORDS. (a) In this section: (1) "Distribution gas pipeline facility" means a pipeline facility that distributes gas directly to end use customers. (2) "Pipeline incident" means an event involving a release of gas from a pipeline tha…

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, in…

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 th…

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 corpora…

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…

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 unde…

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 co…

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 he…