81R3684 SMH-F
By: Miller of Erath H.B. No. 569
A BILL TO BE ENTITLED
AN ACT
relating to notice of an application for a permit to dispose of oil
and gas waste in a commercial disposal well; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.034, Water Code, is amended by adding
Subsections (a-1), (a-2), and (a-3) to read as follows:
(a-1) In connection with an application for a permit to
dispose of oil and gas waste in a commercial disposal well, as
defined by the railroad commission, the rules adopted under
Subsection (a) must, at a minimum:
(1) require the applicant to give notice of the
application to:
(A) each owner of record of each surface tract
that adjoins the tract on which the well is proposed to be located;
(B) the commissioners court of the county in
which the well is proposed to be located; and
(C) any groundwater conservation district in
which the well is proposed to be located;
(2) require each owner of record of a surface tract who
receives notice of the application under Subdivision (1)(A) to give
notice of the application to each surface lessee or purchaser under
a contract for deed, executory contract, or other executory
conveyance of the tract who occupies a residence located on the
tract;
(3) require the applicant to publish notice of the
application in:
(A) a newspaper of general circulation in the
county in which the well is proposed to be located; and
(B) the newspaper that is published in closest
proximity to the proposed site of the well; and
(4) provide each person who receives notice of the
application under Subdivision (1) an opportunity to request a
public hearing on the application.
(a-2) The failure of a person who receives notice of an
application under Subsection (a-1)(1)(A) to give notice of the
application to any person to whom the person is required to give
notice under Subsection (a-1)(2) does not invalidate any permit
issued by the railroad commission.
(a-3) The commission is not required to hold more than one
public hearing on an application regardless of the number of
persons who request a hearing.
SECTION 2. Section 27.105(a), Water Code, is amended to
read as follows:
(a) A person who knowingly or intentionally violates a
provision of this chapter under the jurisdiction of the railroad
commission, a rule of the railroad commission other than a rule
adopted under Section 27.034(a-1)(2), or a term, condition, or
provision of a permit issued by the railroad commission under this
chapter is subject to a fine of not more than $5,000 for each
violation and for each day of violation. A violation under the
jurisdiction of the commission is enforceable under Section 7.157.
SECTION 3. This Act takes effect September 1, 2009.