81R12016 SMH-D
By: Orr H.B. No. 3644
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the commissioners court of certain
counties to regulate certain matters pertaining to gas wells and
natural gas compressor stations; imposing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 240, Local Government Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. REGULATION OF GAS WELLS AND COMPRESSOR STATIONS IN
CERTAIN COUNTIES
Sec. 240.101. APPLICABILITY. This subchapter applies only
to a county:
(1) that has a population of 100,000 or more;
(2) that is located adjacent to a county in which the
majority of the populations of two or more municipalities each of
which has a population of 300,000 or more are located; and
(3) in which 800 or more gas wells are located, as
shown in the records of the Railroad Commission of Texas.
Sec. 240.102. AUTHORITY TO REGULATE PLACEMENT OF GAS WELLS
AND COMPRESSOR STATIONS. The commissioners court of a county by
order may prohibit the drilling of a gas well or the construction of
a natural gas compressor station in the unincorporated area of the
county if the gas well or compressor station is to be located within
a specified distance of an established residence or building.
Sec. 240.103. AUTHORITY TO REGULATE NOISE LEVEL OF GAS
WELLS AND COMPRESSOR STATIONS. The commissioners court of a county
by order may regulate the noise level associated with the drilling
or operation of a gas well or the construction or operation of a
natural gas compressor station in the unincorporated area of the
county.
Sec. 240.104. AUTHORITY TO REQUIRE PERMITS FOR GAS WELLS
AND COMPRESSOR STATIONS. In an order adopted under this
subchapter, a commissioners court may:
(1) require that a permit be obtained from the county
before a gas well may be drilled or a natural gas compressor station
may be constructed; and
(2) establish a fee in an amount sufficient to cover
the cost of issuing the permit.
Sec. 240.105. OFFENSE. (a) A person commits an offense if
the person violates an order adopted under this subchapter and the
order defines the violation as an offense.
(b) An offense under this section is prosecuted in the same
manner as an offense defined under state law.
(c) An offense under this section is a Class C misdemeanor.
Sec. 240.106. INJUNCTION. The county attorney or an
attorney representing the county may file an action in a district
court to enjoin a violation or threatened violation of an order
adopted under this subchapter. The court may grant appropriate
relief.
SECTION 2. This Act takes effect September 1, 2009.