81R11771 PAM-D
By: Davis, Wendy S.B. No. 2402
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to regulate the
exploration for and development and production of natural gas;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 240, Local Government
Code, is amended by adding Section 240.910 to read as follows:
Sec. 240.910. REGULATION OF EXPLORATION FOR AND DEVELOPMENT
AND PRODUCTION OF NATURAL GAS IN CERTAIN COUNTIES. (a) This
section applies only to a county with a population of 1.4 million or
more in which two or more municipalities with a population of
300,000 or more are located.
(b) To protect public health, safety, or welfare, the
commissioners court of a county subject to this section by order may
regulate the exploration for and development and production of
natural gas in the unincorporated area of the county by
establishing reasonable and uniform regulations for operations
relating to exploring and drilling for, developing, producing,
transporting, and storing natural gas and other substances produced
in association with natural gas, including regulations to:
(1) minimize the potential impact to surface owners
and mineral rights owners;
(2) protect the quality of the environment; and
(3) encourage the orderly production of available
mineral resources.
(c) A person commits an offense if the person violates an
order adopted under this section and the order defines the
violation as an offense. An offense under this section is
prosecuted in the same manner as an offense defined under state law.
(d) The county attorney or an attorney representing the
county may file an action in district court to enjoin a violation or
threatened violation of an order adopted under this section. The
court may grant appropriate relief.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.