| 1 | 1 | | 81R3520 SMH-D |
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| 2 | 2 | | By: Fraser S.B. No. 656 |
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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 notice of an application for a permit to dispose of oil |
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| 8 | 8 | | and gas waste in a commercial disposal well; creating an offense. |
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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. Section 27.034, Water Code, is amended by adding |
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| 11 | 11 | | Subsection (a-1) to read as follows: |
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| 12 | 12 | | (a-1) In connection with an application for a permit to |
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| 13 | 13 | | dispose of oil and gas waste in a commercial disposal well, as |
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| 14 | 14 | | defined by the railroad commission, the rules adopted under |
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| 15 | 15 | | Subsection (a) must, at a minimum: |
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| 16 | 16 | | (1) require the applicant to give notice to: |
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| 17 | 17 | | (A) each owner of record of each surface tract |
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| 18 | 18 | | that adjoins the tract on which the well is proposed to be located; |
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| 19 | 19 | | and |
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| 20 | 20 | | (B) the county judge of the county in which the |
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| 21 | 21 | | well is proposed to be located; |
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| 22 | 22 | | (2) require the applicant to publish notice in the |
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| 23 | 23 | | newspaper having the largest circulation in the county in which the |
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| 24 | 24 | | well is proposed to be located; |
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| 25 | 25 | | (3) require each owner of record of a surface tract who |
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| 26 | 26 | | receives notice under Subdivision (1)(A) to give notice to each |
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| 27 | 27 | | surface lessee or purchaser under a contract for deed, executory |
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| 28 | 28 | | contract, or other executory conveyance of the tract; and |
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| 29 | 29 | | (4) provide each person who receives notice under this |
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| 30 | 30 | | subsection an opportunity to request a public hearing on the |
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| 31 | 31 | | application. |
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| 32 | 32 | | SECTION 2. Section 27.105, Water Code, is amended by |
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| 33 | 33 | | amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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| 34 | 34 | | read as follows: |
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| 35 | 35 | | (a) Except as provided by Subsection (a-1), a [A] person who |
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| 36 | 36 | | knowingly or intentionally violates a provision of this chapter |
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| 37 | 37 | | under the jurisdiction of the railroad commission, a rule of the |
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| 38 | 38 | | railroad commission, or a term, condition, or provision of a permit |
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| 39 | 39 | | issued by the railroad commission under this chapter is subject to a |
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| 40 | 40 | | fine of not more than $5,000 for each violation and for each day of |
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| 41 | 41 | | violation. |
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| 42 | 42 | | (a-1) A person commits an offense if the person knowingly |
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| 43 | 43 | | violates a rule of the railroad commission adopted under Section |
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| 44 | 44 | | 27.034(a-1)(3). An offense under this subsection is a Class C |
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| 45 | 45 | | misdemeanor. |
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| 46 | 46 | | (a-2) A violation under the jurisdiction of the commission |
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| 47 | 47 | | is enforceable under Section 7.157. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2009. |
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