Tex. Nat. Resources Code Section 111.302
Commission Authority to Issue Certificates

(a)

The commission is further authorized, empowered, and directed to issue certificates of public convenience and necessity to pipelines transporting coal in whatever form or mixture for hire in Texas if the commission finds that the public convenience and necessity will be served in that existing facilities will not be able to provide the transportation as economically or efficiently as the proposed pipeline.

(b)

In exercising its powers and duties under this section, the commission may not issue a permit for or attempt to regulate in any manner the condemnation, appropriation, or acquisition of surface or ground water in Texas.

(c)

The commission shall not issue a permit, certificate, or any authority to any applicant whose rates and charges are not regulated by government authority, either state or federal, and that state or federal regulations insure to the public and to the ultimate electric consumer that the contracts, rates, and charges shall be just and reasonable, nondiscriminatory, and offering no preference or advantage to any person, corporation, entity, or group.

(d)

The commission shall not issue a permit, certificate, or any authority to any applicant whose pipeline transporting coal in whatever form unless the pipeline transporting coal in whatever form is to be buried at least 36 inches below the surface, except in such instances in which the commission specifically exempts the 36-inch depth requirement and unless the pipeline transporting coal in whatever form conforms to all applicable state or federal regulations concerning the operation, maintenance, and construction of that same pipeline.

(e)

The commission shall condition the issuance of a certification upon the requirement that the pipeline company shall take no more than 50 feet in width of right-of-way under the power of eminent domain, except for temporary work areas adjacent to the right-of-way and then not to exceed 100 feet in width for the duration of the construction period only; and provided that any condemnation award granted under this chapter shall take into account the damages to the remainder caused by the exercise of eminent domain for the temporary work areas.
Acts 1977, 65th Leg., p. 2693, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.

Source: Section 111.302 — Commission Authority to Issue Certificates, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­111.­htm#111.­302 (accessed Jun. 5, 2024).

111.001
Definitions 111.002
Common Carriers Under Chapter 111.003
Applicability of Chapter 111.004
General Restriction on Transportation of Oil 111.011
Regulation in Public Interest 111.012
General Jurisdiction of Commission 111.013
Control of Pipelines 111.014
Publication of Tariffs 111.015
Transportation Without Discrimination 111.016
Discrimination Between Shippers 111.017
Equal Compensation for Like Service 111.018
Effect of Commission Order 111.019
Right of Eminent Domain 111.020
Pipeline on Public Stream or Highway 111.021
Pipeline Under Railroad, Street Railroad, or Canal 111.022
Right to Use Street or Alley in City or Town 111.023
Exchange of Facilities 111.024
Limit on Amount of Oil Carried 111.025
Abandoning Connections 111.051
Applicability of Statute to Public Utilities 111.052
Discrimination by Public Utility 111.053
Bond of Public Utility 111.054
Lien for Storage Charges 111.081
Definition of Common Purchaser 111.082
Purpose for Including Certain Entities Under Regulation as Common Purchasers 111.083
Duty of Certain Common Purchasers 111.084
Operation of Gathering Systems for Crude Petroleum 111.085
Applicability of Rate Provisions to Certain Common Purchasers 111.086
Discrimination Between Persons and Fields 111.087
Conditions in Taking Production 111.088
Commission Relief 111.089
Discrimination as to Royalty Oil 111.090
Compliance by Common Purchasers 111.091
Prevention of Discrimination 111.092
Injunction to Prevent Discrimination 111.093
Forfeiture of Charter of Domestic Corporation 111.094
Forfeiture of Charter of Foreign Corporation 111.095
Action for Damages 111.096
Duties and Responsibilities of Common Purchasers, Purchasers, Gatherers, and Transporters 111.097
Antitrust Laws Unaffected 111.131
Commission Rules for Common Carriers 111.132
Commission Rules for Public Utilities 111.133
Enforcement by Commission 111.134
Notice and Hearing 111.135
Validity of Commission Orders 111.136
Review of Orders 111.137
Enlargement and Extension of Facilities 111.138
Books and Records 111.139
Reports 111.140
Filing Monthly Statements 111.141
Grades of Oil 111.142
Equitable Apportionment of Excessive Amount of Crude Petroleum 111.181
Establishing and Promulgating Rates 111.182
Items Included in Rates 111.183
Basis for Rate 111.184
Discretion of Commission 111.185
Temporary Rates 111.186
Reparation and Reimbursement 111.187
Reimbursement of Excess Charges 111.188
Annual Rate Hearing 111.189
Hearing and Determination of Rates 111.190
Hearings to Adjust Rates 111.0191
Costs of Relocation of Property 111.0192
Limitations on the Powers of Eminent Domain in Certain Situations 111.0193
Restoration of Property 111.0194
Pipeline Easements 111.221
Complaints 111.222
Application for Receivership 111.223
Appointment of Receiver 111.224
Duties and Responsibilities of Receiver 111.225
Motion to Dissolve Receivership 111.226
Bond 111.227
Provisions Applicable to Enforcement 111.261
Penalty Recoverable by State 111.262
Penalty Recoverable by Aggrieved Party 111.263
Penalty Recoverable by State and Aggrieved Party 111.301
Certificate Required 111.302
Commission Authority to Issue Certificates 111.303
Certification Procedure 111.304
Transportation Contract 111.305
Other Agencies 111.401
Definition 111.402
Creation of Well Wastewater Corporation 111.403
Corporation Powers 111.404
Condemnation 111.405
Service to Well Wastewater Producers 111.406
Ownership of Stock
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 111.302’s source at texas​.gov