Texas 2009 - 81st Regular

Texas House Bill HB2356 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R31024 E
2	2	By: Crownover H.B. No. 2356
3	3	Substitute the following for H.B. No. 2356:
4	4	By: Crabb C.S.H.B. No. 2356
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the filing with the state of well logs by operators of
10	10	oil-related or gas-related wells; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Subchapter M, Chapter 91, Natural
13	13	Resources Code, is amended to read as follows:
14	14	SUBCHAPTER M. WELL [ELECTRIC] LOGS
15	15	SECTION 2. Sections 91.551(a)(1) and (2), Natural Resources
16	16	Code, are amended to read as follows:
17	17	(1) "Well" means a well drilled for any purpose
18	18	related to exploration for or production or storage of oil or gas or
19	19	both oil and gas, including a well drilled for injection of fluids
20	20	to enhance hydrocarbon recovery, disposal of produced fluids,
21	21	disposal of waste from exploration or production activity, or brine
22	22	mining. The term includes a well that is completed as a dry hole.
23	23	(2) "Well [Electric] log" means a wireline-conveyed or
24	24	drill pipe-conveyed survey recorded in an open borehole using
25	25	electric or radioactive technologies for the purpose of obtaining
26	26	geological or geophysical information or other information
27	27	regarding the properties of a reservoir or of the rocks penetrated
28	28	by the well. The term includes and is limited to a:
29	29	(A) spontaneous potential log;
30	30	(B) induction log;
31	31	(C) borehole compensated sonic log;
32	32	(D) dual lateral log;
33	33	(E) density log;
34	34	(F) gamma ray log; or
35	35	(G) compensated neutron log [wireline survey,
36	36	except dipmeter surveys and seismic wireline surveys, run in an
37	37	open hole or a cased hole of a well for purposes of obtaining
38	38	geological information].
39	39	SECTION 3. Section 91.552, Natural Resources Code, is
40	40	amended to read as follows:
41	41	Sec. 91.552. WELL [ELECTRIC] LOGS REQUIRED TO BE FILED;
42	42	CRITERIA. (a) Except as otherwise provided by this subchapter, not
43	43	later than the 90th day after the date a drilling operation is
44	44	completed, the operator shall file with the commission a copy of
45	45	each well log, including each borehole section of the log at all
46	46	depths, [a basic electric log] run after September 1, 2009
47	47	[September 1, 1985], in conjunction with the drilling or deepening
48	48	of the well that meets basic criteria established by the
49	49	commission.
50	50	(b) The commission by rule shall establish criteria for well
51	51	[basic electric] logs to be filed with the commission.
52	52	(c) Not later than the deadline prescribed by Subsection (a)
53	53	for the filing of each well log, an operator shall file with the
54	54	commission a copy of a cased hole log run after September 1, 2009,
55	55	in conjunction with the drilling or deepening of a well in lieu of a
56	56	well log run after that date if:
57	57	(1) a cased hole log was run; and
58	58	(2) a well log was not run.
59	59	(d) Nothing in this subchapter requires an operator to run a
60	60	well log in conjunction with the drilling or deepening of a well.
61	61	SECTION 4. Section 91.553, Natural Resources Code, is
62	62	amended to read as follows:
63	63	Sec. 91.553. AVAILABILITY OF WELL [ELECTRIC] LOGS. (a)
64	64	Except as specifically provided by this section, each well
65	65	[electric] log filed with the commission under this subchapter is
66	66	not confidential and is public information under Chapter 552,
67	67	Government Code.
68	68	(b) Not later than the date by which a well [an electric] log
69	69	is required to be filed with the commission under Section 91.552,
70	70	the operator may file a written request with the commission asking
71	71	that the well [electric] log remain confidential and not be made
72	72	available as public information. On filing this request, the well
73	73	[electric] log or copy of the well [electric] log required to be
74	74	filed with the commission may be retained by the operator, and the
75	75	well [electric] log may remain in the possession of the operator for
76	76	the period of confidentiality and any extensions of that period. On
77	77	filing of the request for confidentiality, the well [electric] log
78	78	becomes confidential and remains confidential for a period of one
79	79	year after the date that the drilling operation was completed.
80	80	(c) If a well [an electric] log is made confidential under
81	81	Subsection (b), the operator is entitled to have the period of
82	82	confidentiality extended once for an additional period of two
83	83	years. The commission shall grant the two-year extension on
84	84	written request of the operator. The written request must be made
85	85	to the commission before the one-year period of confidentiality
86	86	under Subsection (b) expires.
87	87	(d) If a well [an electric] log is made confidential under
88	88	Subsection (b) and the log was run in a well drilled on land
89	89	submerged in state water, the operator is entitled to have the
90	90	period of confidentiality extended for not more than two additional
91	91	periods of two years each. The commission shall grant the
92	92	extension or extensions on written request of the operator. The
93	93	written request must be made to the commission before the
94	94	expiration of the one-year period of confidentiality under
95	95	Subsection (b) or the expiration of the first extension granted
96	96	under this subsection.
97	97	(e) An operator required to file a well [an electric] log
98	98	under this section who has held the log during a period of
99	99	confidentiality or any extensions of that period shall file the log
100	100	with the commission within 30 days after the conclusion of the
101	101	period of confidentiality or the period of the last extension.
102	102	(f) An operator who fails to timely file with the commission
103	103	a written request under Subsection (b) that a well [an electric] log
104	104	remain confidential and not be made available as public information
105	105	or a written request under Subsection (c) or (d) for an extension of
106	106	the period of confidentiality shall file the log with the
107	107	commission immediately after the conclusion of the period for
108	108	filing the request.
109	109	SECTION 5. Section 91.554, Natural Resources Code, is
110	110	amended to read as follows:
111	111	Sec. 91.554. AVAILABILITY OF CONFIDENTIAL WELL [ELECTRIC]
112	112	LOGS. If the commission requires a well [an electric] log to be
113	113	filed before the expiration of a period of confidentiality, the
114	114	commission shall make that well [electric] log available for
115	115	inspection during the period of confidentiality only to:
116	116	(1) a person authorized in writing by the operator;
117	117	and
118	118	(2) members of the commission and its employees in the
119	119	exercise of their powers and duties under this code.
120	120	SECTION 6. Section 91.555, Natural Resources Code, is
121	121	amended to read as follows:
122	122	Sec. 91.555. MANAGEMENT AND STORAGE OF WELL [ELECTRIC]
123	123	LOGS. The commission may contract with any person for the
124	124	management and storage of the well [electric] logs filed with the
125	125	commission.
126	126	SECTION 7. Section 91.556, Natural Resources Code, is
127	127	amended to read as follows:
128	128	Sec. 91.556. ENFORCEMENT [DENIAL OF ALLOWABLE]. If an
129	129	operator fails to file a well [an electric] log as required by this
130	130	subchapter, the commission may:
131	131	(1) if the well is completed as a producing well,
132	132	refuse to assign an allowable or a change in allowable for
133	133	production from the well [for which the electric log is required]
134	134	until the operator files the well [electric] log with the
135	135	commission; or
136	136	(2) impose an administrative penalty on the operator
137	137	in the manner provided by Sections 81.0531-81.0534 in an amount not
138	138	to exceed $5,000 for each well for which the operator failed to file
139	139	a well log.
140	140	SECTION 8. Section 552.113(a), Government Code, is amended
141	141	to read as follows:
142	142	(a) Information is excepted from the requirements of
143	143	Section 552.021 if it is:
144	144	(1) a well [an electric] log confidential under
145	145	Subchapter M, Chapter 91, Natural Resources Code;
146	146	(2) geological or geophysical information or data,
147	147	including maps concerning wells, except information filed in
148	148	connection with an application or proceeding before an agency; or
149	149	(3) confidential under Subsections (c) through (f).
150	150	SECTION 9. Section 552.113(c)(2), Government Code, is
151	151	amended to read as follows:
152	152	(2) "Well ["Basic electric] logs" has the same meaning
153	153	as it has in Chapter 91, Natural Resources Code.
154	154	SECTION 10. Sections 552.113(d), (e), and (f), Government
155	155	Code, are amended to read as follows:
156	156	(d) Confidential material, except well [basic electric]
157	157	logs, filed in the General Land Office on or after September 1,
158	158	1985, is public information and is available to the public under
159	159	Section 552.021 on and after the later of:
160	160	(1) five years from the filing date of the
161	161	confidential material; or
162	162	(2) one year from the expiration, termination, or
163	163	forfeiture of the lease in connection with which the confidential
164	164	material was filed.
165	165	(e) Well [Basic electric] logs filed in the General Land
166	166	Office on or after September 1, 1985, are either public information
167	167	or confidential material to the same extent and for the same periods
168	168	provided for the same logs by Chapter 91, Natural Resources Code. A
169	169	person may request that a well [basic electric] log that has been
170	170	filed in the General Land Office be made confidential by filing with
171	171	the land office a copy of the written request for confidentiality
172	172	made to the Railroad Commission of Texas for the same log.
173	173	(f) The following are public information:
174	174	(1) well [basic electric] logs filed in the General
175	175	Land Office before September 1, 1985; and
176	176	(2) confidential material, except well [basic
177	177	electric] logs, filed in the General Land Office before September
178	178	1, 1985, provided, that Subsection (d) governs the disclosure of
179	179	that confidential material filed in connection with a lease that is
180	180	a valid and subsisting lease on September 1, 1995.
181	181	SECTION 11. The House Committee on Energy Resources shall
182	182	study methods to increase compliance with Subchapter M, Chapter 91,
183	183	Natural Resources Code, as amended by this Act, and submit to the
184	184	82nd Legislature a report of its findings not later than January 1,
185	185	2011.
186	186	SECTION 12. The changes in law made by this Act apply only
187	187	to a drilling operation that is completed on or after the effective
188	188	date of this Act. A drilling operation that is completed before the
189	189	effective date of this Act is subject to the law in effect on the
190	190	date of completion, and that law is continued in effect for that
191	191	purpose.
192	192	SECTION 13. This Act takes effect September 1, 2009.