| 1 | 1 | | 2009S0541-2 03/10/09 |
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| 2 | 2 | | By: Hinojosa S.B. No. 1908 |
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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 safety and financial responsibility in the operating of |
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| 8 | 8 | | oil and gas wells; providing criminal penalties. |
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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. Subsection (a), Section 89.002, Natural |
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| 11 | 11 | | Resources Code, is amended by adding Subdivision (9) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (9) "Responsible party" means any person who assumed |
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| 14 | 14 | | responsibility for operating the well prior to the current |
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| 15 | 15 | | operator, as shown by forms filed at the commission. |
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| 16 | 16 | | SECTION 2. Subchapter B, Chapter 89, Natural Resources |
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| 17 | 17 | | Code, is amended by adding Section 89.013 to read as follows: |
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| 18 | 18 | | Sec. 89.013. DUTY OF A RESPONSIBLE PARTY. If the operator |
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| 19 | 19 | | of a well fails to comply with Section 89.011 and the nonoperators |
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| 20 | 20 | | fail to comply with Section 89.012, the responsible party assumes |
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| 21 | 21 | | the duty to plug the well in accordance with Section 89.011. If |
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| 22 | 22 | | there is more than one responsible party, the responsible parties |
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| 23 | 23 | | are jointly and severally liable for their proportionate share of |
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| 24 | 24 | | the cost of plugging the well and for reimbursing the commission for |
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| 25 | 25 | | the cost of enforcing this section. |
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| 26 | 26 | | SECTION 3. Section 89.042, Natural Resources Code, is |
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| 27 | 27 | | amended by adding Subsection (c) to read as follows: |
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| 28 | 28 | | (c) If the nonoperators cannot be found, or if they lack the |
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| 29 | 29 | | assets or refuse to plug the well under Subsection (b), the |
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| 30 | 30 | | commission shall order the responsible parties to plug the well |
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| 31 | 31 | | according to the rules of the commission in effect at the time the |
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| 32 | 32 | | order is issued. |
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| 33 | 33 | | SECTION 4. Subsection (a), Section 91.002, Natural |
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| 34 | 34 | | Resources Code, is amended to read as follows: |
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| 35 | 35 | | (a) A person who wilfully or with criminal negligence |
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| 36 | 36 | | violates Section 91.101 or 91.019 [of this code] or a rule, order, |
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| 37 | 37 | | or permit of the commission issued under either [that] section |
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| 38 | 38 | | commits an offense. |
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| 39 | 39 | | SECTION 5. Subchapter B, Chapter 91, Natural Resources |
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| 40 | 40 | | Code, is amended by adding Section 91.019 to read as follows: |
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| 41 | 41 | | Sec. 91.019. ELECTRIC LINES. (a) An operator must ensure |
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| 42 | 42 | | that electric lines associated with the operator's oil or gas wells |
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| 43 | 43 | | do not present an unreasonable risk of causing a fire. |
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| 44 | 44 | | (b) An operator must ensure that all electric lines |
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| 45 | 45 | | associated with oil or gas wells are properly connected to |
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| 46 | 46 | | equipment that requires a source of power. Live electric lines |
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| 47 | 47 | | shall at no time be left in contact with the ground while unattached |
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| 48 | 48 | | to equipment that requires a source of power. |
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| 49 | 49 | | SECTION 6. Subsection (e), Section 89.011, Natural |
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| 50 | 50 | | Resources Code, is repealed. |
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| 51 | 51 | | SECTION 7. Section 89.013, Natural Resources Code, as added |
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| 52 | 52 | | by this Act, applies only to the sale or conveyance of a working |
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| 53 | 53 | | interest in or a right to operate an unplugged oil or gas well |
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| 54 | 54 | | executed on or after the effective date of this Act. A sale or |
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| 55 | 55 | | conveyance executed before the effective date of this Act is |
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| 56 | 56 | | governed by the law in effect on that date, and that law is |
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| 57 | 57 | | continued in effect for that purpose. |
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| 58 | 58 | | SECTION 8. This Act takes effect September 1, 2009. |
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