81R3520 SMH-D
By: Fraser S.B. No. 656
A BILL TO BE ENTITLED
AN ACT
relating to notice of an application for a permit to dispose of oil
and gas waste in a commercial disposal well; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.034, Water Code, is amended by adding
Subsection (a-1) to read as follows:
(a-1) In connection with an application for a permit to
dispose of oil and gas waste in a commercial disposal well, as
defined by the railroad commission, the rules adopted under
Subsection (a) must, at a minimum:
(1) require the applicant to give notice to:
(A) each owner of record of each surface tract
that adjoins the tract on which the well is proposed to be located;
and
(B) the county judge of the county in which the
well is proposed to be located;
(2) require the applicant to publish notice in the
newspaper having the largest circulation in the county in which the
well is proposed to be located;
(3) require each owner of record of a surface tract who
receives notice under Subdivision (1)(A) to give notice to each
surface lessee or purchaser under a contract for deed, executory
contract, or other executory conveyance of the tract; and
(4) provide each person who receives notice under this
subsection an opportunity to request a public hearing on the
application.
SECTION 2. Section 27.105, Water Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] person who
knowingly or intentionally violates a provision of this chapter
under the jurisdiction of the railroad commission, a rule of the
railroad commission, or a term, condition, or provision of a permit
issued by the railroad commission under this chapter is subject to a
fine of not more than $5,000 for each violation and for each day of
violation.
(a-1) A person commits an offense if the person knowingly
violates a rule of the railroad commission adopted under Section
27.034(a-1)(3). An offense under this subsection is a Class C
misdemeanor.
(a-2) A violation under the jurisdiction of the commission
is enforceable under Section 7.157.
SECTION 3. This Act takes effect September 1, 2009.