By: Chisum H.B. No. 4654
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county or municipality to regulate
the drilling of oil and gas wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter R to read as follows:
SUBCHAPTER R. REGULATION BY COUNTY OR MUNICIPALITY OF DRILLING OF
OIL AND GAS WELLS
Sec. 91.801. ADOPTION BY COMMISSION OF MODEL COUNTY OR
MUNICIPAL RULES. (a) The commission shall prepare and adopt model
rules for adoption by a county and model rules for adoption by a
municipality regulating the drilling of oil and gas wells in the
county or municipality, respectively.
(b) The model rules must promote:
(1) the health, safety, morals, and general welfare of
the county or municipality adopting the model rules; and
(2) the safe, orderly, and healthful development of
the county or municipality adopting the model rules.
Sec. 91.802. COUNTY OR MUNICIPAL REGULATION OF DRILLING OF
OIL AND GAS WELLS. (a) A county by order or a municipality by
ordinance may regulate the drilling of oil and gas wells in the
county or municipality, respectively, if:
(1) the county or municipality is authorized to do so
under other law; and
(2) except as provided by Subsection (b), the order or
ordinance is consistent with the applicable model rules adopted by
the commission under Section 91.801.
(b) A county or municipality may adopt an order or
ordinance, respectively, that conflicts with the applicable model
rules adopted by the commission under Section 91.801 only if the
commission after a hearing determines that the county or
municipality has shown that, because of circumstances specific to
the county or municipality, the public interest necessitates
authorizing the county or municipality to adopt the conflicting
order or ordinance.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the Railroad Commission of Texas shall adopt model
rules under Section 91.801, Natural Resources Code, as added by
this Act.
(b) An order adopted by a county or an ordinance adopted by a
municipality before the effective date of this Act regulating the
drilling of oil and gas wells remains in effect until the model
rules adopted by the Railroad Commission of Texas under Section
91.801, Natural Resources Code, as added by this Act, take effect.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.