| 1 | 1 | | By: Chisum H.B. No. 4654 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a county or municipality to regulate |
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| 7 | 7 | | the drilling of oil and gas wells. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 91, Natural Resources Code, is amended |
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| 10 | 10 | | by adding Subchapter R to read as follows: |
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| 11 | 11 | | SUBCHAPTER R. REGULATION BY COUNTY OR MUNICIPALITY OF DRILLING OF |
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| 12 | 12 | | OIL AND GAS WELLS |
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| 13 | 13 | | Sec. 91.801. ADOPTION BY COMMISSION OF MODEL COUNTY OR |
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| 14 | 14 | | MUNICIPAL RULES. (a) The commission shall prepare and adopt model |
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| 15 | 15 | | rules for adoption by a county and model rules for adoption by a |
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| 16 | 16 | | municipality regulating the drilling of oil and gas wells in the |
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| 17 | 17 | | county or municipality, respectively. |
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| 18 | 18 | | (b) The model rules must promote: |
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| 19 | 19 | | (1) the health, safety, morals, and general welfare of |
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| 20 | 20 | | the county or municipality adopting the model rules; and |
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| 21 | 21 | | (2) the safe, orderly, and healthful development of |
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| 22 | 22 | | the county or municipality adopting the model rules. |
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| 23 | 23 | | Sec. 91.802. COUNTY OR MUNICIPAL REGULATION OF DRILLING OF |
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| 24 | 24 | | OIL AND GAS WELLS. (a) A county by order or a municipality by |
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| 25 | 25 | | ordinance may regulate the drilling of oil and gas wells in the |
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| 26 | 26 | | county or municipality, respectively, if: |
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| 27 | 27 | | (1) the county or municipality is authorized to do so |
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| 28 | 28 | | under other law; and |
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| 29 | 29 | | (2) except as provided by Subsection (b), the order or |
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| 30 | 30 | | ordinance is consistent with the applicable model rules adopted by |
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| 31 | 31 | | the commission under Section 91.801. |
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| 32 | 32 | | (b) A county or municipality may adopt an order or |
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| 33 | 33 | | ordinance, respectively, that conflicts with the applicable model |
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| 34 | 34 | | rules adopted by the commission under Section 91.801 only if the |
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| 35 | 35 | | commission after a hearing determines that the county or |
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| 36 | 36 | | municipality has shown that, because of circumstances specific to |
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| 37 | 37 | | the county or municipality, the public interest necessitates |
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| 38 | 38 | | authorizing the county or municipality to adopt the conflicting |
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| 39 | 39 | | order or ordinance. |
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| 40 | 40 | | SECTION 2. (a) As soon as practicable after the effective |
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| 41 | 41 | | date of this Act, the Railroad Commission of Texas shall adopt model |
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| 42 | 42 | | rules under Section 91.801, Natural Resources Code, as added by |
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| 43 | 43 | | this Act. |
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| 44 | 44 | | (b) An order adopted by a county or an ordinance adopted by a |
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| 45 | 45 | | municipality before the effective date of this Act regulating the |
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| 46 | 46 | | drilling of oil and gas wells remains in effect until the model |
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| 47 | 47 | | rules adopted by the Railroad Commission of Texas under Section |
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| 48 | 48 | | 91.801, Natural Resources Code, as added by this Act, take effect. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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