| 1 | 1 | | 81R12016 SMH-D |
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| 2 | 2 | | By: Orr H.B. No. 3644 |
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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 the authority of the commissioners court of certain |
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| 8 | 8 | | counties to regulate certain matters pertaining to gas wells and |
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| 9 | 9 | | natural gas compressor stations; imposing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 240, Local Government Code, is amended |
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| 12 | 12 | | by adding Subchapter F to read as follows: |
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| 13 | 13 | | SUBCHAPTER F. REGULATION OF GAS WELLS AND COMPRESSOR STATIONS IN |
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| 14 | 14 | | CERTAIN COUNTIES |
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| 15 | 15 | | Sec. 240.101. APPLICABILITY. This subchapter applies only |
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| 16 | 16 | | to a county: |
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| 17 | 17 | | (1) that has a population of 100,000 or more; |
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| 18 | 18 | | (2) that is located adjacent to a county in which the |
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| 19 | 19 | | majority of the populations of two or more municipalities each of |
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| 20 | 20 | | which has a population of 300,000 or more are located; and |
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| 21 | 21 | | (3) in which 800 or more gas wells are located, as |
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| 22 | 22 | | shown in the records of the Railroad Commission of Texas. |
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| 23 | 23 | | Sec. 240.102. AUTHORITY TO REGULATE PLACEMENT OF GAS WELLS |
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| 24 | 24 | | AND COMPRESSOR STATIONS. The commissioners court of a county by |
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| 25 | 25 | | order may prohibit the drilling of a gas well or the construction of |
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| 26 | 26 | | a natural gas compressor station in the unincorporated area of the |
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| 27 | 27 | | county if the gas well or compressor station is to be located within |
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| 28 | 28 | | a specified distance of an established residence or building. |
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| 29 | 29 | | Sec. 240.103. AUTHORITY TO REGULATE NOISE LEVEL OF GAS |
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| 30 | 30 | | WELLS AND COMPRESSOR STATIONS. The commissioners court of a county |
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| 31 | 31 | | by order may regulate the noise level associated with the drilling |
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| 32 | 32 | | or operation of a gas well or the construction or operation of a |
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| 33 | 33 | | natural gas compressor station in the unincorporated area of the |
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| 34 | 34 | | county. |
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| 35 | 35 | | Sec. 240.104. AUTHORITY TO REQUIRE PERMITS FOR GAS WELLS |
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| 36 | 36 | | AND COMPRESSOR STATIONS. In an order adopted under this |
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| 37 | 37 | | subchapter, a commissioners court may: |
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| 38 | 38 | | (1) require that a permit be obtained from the county |
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| 39 | 39 | | before a gas well may be drilled or a natural gas compressor station |
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| 40 | 40 | | may be constructed; and |
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| 41 | 41 | | (2) establish a fee in an amount sufficient to cover |
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| 42 | 42 | | the cost of issuing the permit. |
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| 43 | 43 | | Sec. 240.105. OFFENSE. (a) A person commits an offense if |
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| 44 | 44 | | the person violates an order adopted under this subchapter and the |
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| 45 | 45 | | order defines the violation as an offense. |
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| 46 | 46 | | (b) An offense under this section is prosecuted in the same |
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| 47 | 47 | | manner as an offense defined under state law. |
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| 48 | 48 | | (c) An offense under this section is a Class C misdemeanor. |
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| 49 | 49 | | Sec. 240.106. INJUNCTION. The county attorney or an |
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| 50 | 50 | | attorney representing the county may file an action in a district |
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| 51 | 51 | | court to enjoin a violation or threatened violation of an order |
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| 52 | 52 | | adopted under this subchapter. The court may grant appropriate |
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| 53 | 53 | | relief. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2009. |
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