81R14686 CBE-D By: Farabee, Gonzalez Toureilles H.C.R. No. 67 Substitute the following for H.C.R. No. 67: By: Craddick C.S.H.C.R. No. 67 HOUSE CONCURRENT RESOLUTION WHEREAS, The oil industry in Texas dates back to the late 19th century, and the natural gas industry has been a significant part of the state's economy since the middle of the 20th century; today, Texas is the top combined oil and gas producer in the country; during Fiscal Year 2008, Texas producers employed more than 200,000 people and paid more than $5 billion in taxes and fees to the state's general revenue fund; and WHEREAS, The regulation of oil and gas exploration and production activities has traditionally been within the purview of the states; the Texas Legislature passed its first regulatory statute for oil in 1899, and the industries have since been regulated by the Railroad Commission of Texas in coordination with the Interstate Oil and Gas Compact Commission (IOGCC); and WHEREAS, In recent years, however, the Congress has considered legislation to augment the 1974 Safe Drinking Water Act (SDWA) and grant authority to the federal government to regulate oil and gas drilling and production operations; in particular, lawmakers have focused on a natural gas drilling technique called hydraulic fracturing, which is used to extract natural gas from deep rock much faster than would otherwise be possible; implemented in the late 1940s, the technology has become a standard method for improving efficiency; and WHEREAS, Hydraulic fracturing is not covered by the SDWA, and the Congress clarified this in the Energy Policy Act of 2005, which specifically exempts the technology from regulation under the SDWA and preserves the state regulatory system; hydraulic fracturing has been regulated by states for more than 50 years, and in 2002 the IOGCC surveyed oil and gas producing states and found that there were no known cases of groundwater contamination associated with hydraulic fracturing; and WHEREAS, Domestic energy development is vital to the energy security of the United States, and the application of hydraulic fracturing techniques is estimated to have added more than 7 billion barrels of oil and 600 trillion cubic feet of natural gas to the nation's energy needs; hydraulic fracturing in the Barnett Shale of Texas alone has contributed to the production of more than four trillion cubic feet of natural gas; and WHEREAS, The current approach to regulating hydraulic fracturing has effectively protected groundwater and drinking water sources from impacts related to oil and gas exploration and production activities; more restrictive regulation, which may not increase the protection of underground drinking water, could harm the supply of oil and natural gas at a time when the country requires more domestic energy production than ever before; now, therefore, be it RESOLVED, That the 81st Legislature of the State of Texas hereby respectfully urge the United States Congress to maintain state regulatory coverage of hydraulic fracturing; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the Congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.