| 1 | 1 | | 81R7170 PAM-D |
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| 2 | 2 | | By: King of Parker H.B. No. 3404 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to fees imposed by certain counties on operators of gas |
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| 8 | 8 | | wells and oil and gas waste disposal wells. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
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| 11 | 11 | | Code, is amended by adding Section 240.908 to read as follows: |
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| 12 | 12 | | Sec. 240.908. GAS WELL AND OIL AND GAS WASTE DISPOSAL WELL |
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| 13 | 13 | | IMPACT FEE IN CERTAIN COUNTIES. (a) In this section: |
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| 14 | 14 | | (1) "Gas well" has the meaning assigned by Section |
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| 15 | 15 | | 86.002, Natural Resources Code. |
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| 16 | 16 | | (2) "Injection well" and "oil and gas waste" have the |
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| 17 | 17 | | meanings assigned by Section 27.002, Water Code. |
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| 18 | 18 | | (3) "Oil and gas waste disposal well" means an |
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| 19 | 19 | | injection well that is used for the injection of oil and gas waste. |
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| 20 | 20 | | (b) This section applies only to a gas well or oil and gas |
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| 21 | 21 | | waste disposal well located in: |
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| 22 | 22 | | (1) a county that: |
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| 23 | 23 | | (A) has a population of 1.4 million or more or is |
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| 24 | 24 | | adjacent to such a county; and |
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| 25 | 25 | | (B) is located wholly or partly above a |
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| 26 | 26 | | hydrocarbon-producing geological formation in which during the |
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| 27 | 27 | | preceding year the Railroad Commission of Texas issued more than |
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| 28 | 28 | | 2,000 drilling permits authorizing gas wells to be completed; or |
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| 29 | 29 | | (2) a county: |
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| 30 | 30 | | (A) that has a population of more than 25,000; |
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| 31 | 31 | | (B) that borders another state; and |
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| 32 | 32 | | (C) in which is located a national forest. |
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| 33 | 33 | | (c) The commissioners court of a county may impose a fee on |
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| 34 | 34 | | each operator of a gas well or oil and gas waste disposal well |
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| 35 | 35 | | located in the county. The fee may be assessed in an amount and on a |
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| 36 | 36 | | schedule as determined by the commissioners court to adequately |
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| 37 | 37 | | provide funds to the county for maintaining county roads that |
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| 38 | 38 | | suffer deterioration caused by activities associated with the |
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| 39 | 39 | | exploration for or development or production of gas in the county. |
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| 40 | 40 | | (d) Funds collected under this section shall be deposited in |
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| 41 | 41 | | the county's general fund. The funds may be used only for |
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| 42 | 42 | | maintaining county roads that suffer deterioration caused by |
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| 43 | 43 | | activities associated with the exploration for or development or |
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| 44 | 44 | | production of gas in the county. |
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| 45 | 45 | | SECTION 2. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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