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 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.
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