By: Davis, Nelson S.B. No. 752
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on the formation in which certain
commercial disposal wells permitted by the Railroad Commission of
Texas may inject oil and gas waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
by adding Section 27.039 to read as follows:
Sec. 27.039. RESTRICTION ON CERTAIN COMMERCIAL DISPOSAL
WELLS. (a) This section applies only to a commercial disposal
well, as defined by the railroad commission, proposed to be located
in a county that:
(1) has a population of more than 1.4 million; and
(2) is located wholly or partly above a
hydrocarbon-producing geological formation in which during 2008
the railroad commission issued more than 1,000 drilling permits
authorizing gas or other wells to be completed.
(b) A permit issued by the railroad commission for a
commercial disposal well, as defined by the railroad commission,
that authorizes the disposal of oil and gas waste may authorize the
disposal of the waste only in the Ellenberger formation or a deeper
formation.
SECTION 2. The change in law made by this Act applies only
to a permit application pending before the Railroad Commission of
Texas on or after the effective date of this Act. A permit issued
before the effective date of this Act is governed by the law in
effect when the permit was issued, and the former law is continued
in effect for that purpose.
SECTION 3. 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.