HomeMy WebLinkAboutRes 09-17 Opposing HB 4441 Authority of the Railroad Commission Regarding PipelinesTOWN OF WESTLAKE
RESOLUTION NO. 09-17
OPPOSING HB 4441 RELATING TO THE AUTHORITY OF THE RAILROAD
COMMISSION OF TEXAS TO ESTABLISH STANDARDS REGARDING CERTAIN
PIPELINES AND APPURTENANT FACILITIES, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Westlake, Texas is a Type A general -law municipality located
in Tarrant and Denton Counties. created in accordance with the provisions of Chapter 8 of the
Local Government Code and operating pursuant to the enabling legislation of the State of Texas;
and
WHEREAS, House Bill 4441, introduced in the 81" Legislature, seeks to entirely
preempt the municipal regulation of natural gas, liquid hydrocarbon, hazardous materials, and
gathering pipelines and all facilities appurtenant to those pipelines, including the regulation of
aesthetics and the use of City-ovned rights -of ways; and
WHEREAS, under the proposed legislation, the Texas Railroad Commission, and not the
municipality, would maintain the right to establish the noise level. screening, landscaping, and
other requirements relating to natural gas gathering pipelines and appurtenant facilities including
compressor stations, and
WHEREAS, the Town Council is of the opinion that the Railroad Commission is ill
suited to address such issues as local neighborhood compatibility and the use of City -owned
rights-of-way and that the citizens are better served through the local regulation of such pipelines
and appurtenant facilities, and
WHEREAS, House Bill 4441 would relegate municipalities to a mere advisory role in
this important determination process and as such would unreasonably interfere with the right of
the public to participate through their locally elected officials to tailor policies to meet their local
needs and demands-, and
WHEREAS, as a result of the foregoing, the City Council opposes the adoption of House
Bill 4441, and believes that the proposed legislation does not promote the best interest interests
of the citizens of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOW]
OF WESTLAKE, TEXAS:
SE!LjIQLNT 1. That the Town Council of the Town of Westlake. Texas hereby oppos
the adoption of House Bill 4441 relating to the authority of the Railroad 'Commission of Texas
establish standards regarding certain pipelines and appurtenant facilities. i
SECTION 2. The Tovm Secretary is authorized and directed to furnish a certified copy
of this Resolution to the elected representatives of the City and to other members of the Texas
Legislature to give notice of the Town's opposition to House Bill 4441.
SECTION 3. This resolution shall take effect immediately upon its adoption by the
Town Council
PASSED AND APPROVED on this 13 day of April 2001,.
K nWSutter. -IMC, Town Secretary
Laura Wheat, Mayor
, To,,6 Manager