Sen. Robert Duncan

Sen. Robert Duncan

TCJL SUPPORTS – In response to the Texas Supreme Court’s decision in the Denbury case, Sen. Robert Duncan (R-Lubbock) has filed legislation establishing an administrative process at the Texas Railroad Commission for the issuance of common carrier pipeline permits. SB 1637 requires an applicant for a common carrier permit to notify the affected landowners, cities, counties, and the public by posting the permit application and map of the proposed route on the Internet, publishing notice in the newspapers, and mailing or delivering notice to the landowners, cities, and counties along the proposed pipeline route. The bill allows landowners, cities, counties, and the RRC staff to protest the permit application and specifies a hearing procedure to be conducted at the commission. The bill further specifies strict time limits for the hearing, the proposal for decision, and the RRC’s final order. A party may appeal the RRC’s final order in the same manner as in any other contested case hearing.

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