| 1 | 1 | | 81R3684 SMH-F |
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| 2 | 2 | | By: Miller of Erath, Christian H.B. No. 569 |
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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 notice of an application for a permit to dispose of oil |
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| 8 | 8 | | and gas waste in a commercial disposal well; creating an offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 27.034, Water Code, is amended by adding |
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| 11 | 11 | | Subsections (a-1), (a-2), and (a-3) to read as follows: |
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| 12 | 12 | | (a-1) In connection with an application for a permit to |
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| 13 | 13 | | dispose of oil and gas waste in a commercial disposal well, as |
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| 14 | 14 | | defined by the railroad commission, the rules adopted under |
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| 15 | 15 | | Subsection (a) must, at a minimum: |
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| 16 | 16 | | (1) require the applicant to give notice of the |
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| 17 | 17 | | application to: |
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| 18 | 18 | | (A) each owner of record of each surface tract |
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| 19 | 19 | | that adjoins the tract on which the well is proposed to be located; |
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| 20 | 20 | | (B) the commissioners court of the county in |
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| 21 | 21 | | which the well is proposed to be located; and |
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| 22 | 22 | | (C) any groundwater conservation district in |
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| 23 | 23 | | which the well is proposed to be located; |
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| 24 | 24 | | (2) require each owner of record of a surface tract who |
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| 25 | 25 | | receives notice of the application under Subdivision (1)(A) to give |
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| 26 | 26 | | notice of the application to each surface lessee or purchaser under |
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| 27 | 27 | | a contract for deed, executory contract, or other executory |
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| 28 | 28 | | conveyance of the tract who occupies a residence located on the |
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| 29 | 29 | | tract; |
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| 30 | 30 | | (3) require the applicant to publish notice of the |
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| 31 | 31 | | application in: |
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| 32 | 32 | | (A) a newspaper of general circulation in the |
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| 33 | 33 | | county in which the well is proposed to be located; and |
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| 34 | 34 | | (B) the newspaper that is published in closest |
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| 35 | 35 | | proximity to the proposed site of the well; and |
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| 36 | 36 | | (4) provide each person who receives notice of the |
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| 37 | 37 | | application under Subdivision (1) an opportunity to request a |
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| 38 | 38 | | public hearing on the application. |
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| 39 | 39 | | (a-2) The failure of a person who receives notice of an |
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| 40 | 40 | | application under Subsection (a-1)(1)(A) to give notice of the |
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| 41 | 41 | | application to any person to whom the person is required to give |
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| 42 | 42 | | notice under Subsection (a-1)(2) does not invalidate any permit |
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| 43 | 43 | | issued by the railroad commission. |
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| 44 | 44 | | (a-3) The commission is not required to hold more than one |
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| 45 | 45 | | public hearing on an application regardless of the number of |
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| 46 | 46 | | persons who request a hearing. |
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| 47 | 47 | | SECTION 2. Section 27.105(a), Water Code, is amended to |
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| 48 | 48 | | read as follows: |
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| 49 | 49 | | (a) A person who knowingly or intentionally violates a |
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| 50 | 50 | | provision of this chapter under the jurisdiction of the railroad |
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| 51 | 51 | | commission, a rule of the railroad commission other than a rule |
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| 52 | 52 | | adopted under Section 27.034(a-1)(2), or a term, condition, or |
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| 53 | 53 | | provision of a permit issued by the railroad commission under this |
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| 54 | 54 | | chapter is subject to a fine of not more than $5,000 for each |
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| 55 | 55 | | violation and for each day of violation. A violation under the |
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| 56 | 56 | | jurisdiction of the commission is enforceable under Section 7.157. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2009. |
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