| 1 | 1 | | 81R11771 PAM-D |
|---|
| 2 | 2 | | By: Davis, Wendy S.B. No. 2402 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of certain counties to regulate the |
|---|
| 8 | 8 | | exploration for and development and production of natural gas; |
|---|
| 9 | 9 | | providing a penalty. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 240, Local Government |
|---|
| 12 | 12 | | Code, is amended by adding Section 240.910 to read as follows: |
|---|
| 13 | 13 | | Sec. 240.910. REGULATION OF EXPLORATION FOR AND DEVELOPMENT |
|---|
| 14 | 14 | | AND PRODUCTION OF NATURAL GAS IN CERTAIN COUNTIES. (a) This |
|---|
| 15 | 15 | | section applies only to a county with a population of 1.4 million or |
|---|
| 16 | 16 | | more in which two or more municipalities with a population of |
|---|
| 17 | 17 | | 300,000 or more are located. |
|---|
| 18 | 18 | | (b) To protect public health, safety, or welfare, the |
|---|
| 19 | 19 | | commissioners court of a county subject to this section by order may |
|---|
| 20 | 20 | | regulate the exploration for and development and production of |
|---|
| 21 | 21 | | natural gas in the unincorporated area of the county by |
|---|
| 22 | 22 | | establishing reasonable and uniform regulations for operations |
|---|
| 23 | 23 | | relating to exploring and drilling for, developing, producing, |
|---|
| 24 | 24 | | transporting, and storing natural gas and other substances produced |
|---|
| 25 | 25 | | in association with natural gas, including regulations to: |
|---|
| 26 | 26 | | (1) minimize the potential impact to surface owners |
|---|
| 27 | 27 | | and mineral rights owners; |
|---|
| 28 | 28 | | (2) protect the quality of the environment; and |
|---|
| 29 | 29 | | (3) encourage the orderly production of available |
|---|
| 30 | 30 | | mineral resources. |
|---|
| 31 | 31 | | (c) A person commits an offense if the person violates an |
|---|
| 32 | 32 | | order adopted under this section and the order defines the |
|---|
| 33 | 33 | | violation as an offense. An offense under this section is |
|---|
| 34 | 34 | | prosecuted in the same manner as an offense defined under state law. |
|---|
| 35 | 35 | | (d) The county attorney or an attorney representing the |
|---|
| 36 | 36 | | county may file an action in district court to enjoin a violation or |
|---|
| 37 | 37 | | threatened violation of an order adopted under this section. The |
|---|
| 38 | 38 | | court may grant appropriate relief. |
|---|
| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 43 | 43 | | Act takes effect September 1, 2009. |
|---|