82R9177 TRH-D
By: Parker H.B. No. 2126
A BILL TO BE ENTITLED
AN ACT
relating to the amount and use of an administrative penalty imposed
by the Railroad Commission of Texas for certain violations that
occur in certain populous natural gas producing counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.0531, Natural Resources Code, is
amended by amending Subsections (a), (b), and (e) and adding
Subsections (a-1), (b-1), (b-2), and (f) to read as follows:
(a) In this section, "urban natural gas producing county"
means a county:
(1) with a population of 650,000 or more; and
(2) in which there are more than 2,000 producing gas
wells.
(a-1) If a person violates provisions of this title which
pertain to safety or the prevention or control of pollution or the
provisions of a rule, order, license, permit, or certificate which
pertain to safety or the prevention or control of pollution and are
issued under this title, the person may be assessed a civil penalty
by the commission.
(b) Except as provided by Subsection (b-1), the [The]
penalty may not exceed $10,000 a day for each violation.
(b-1) The penalty may not exceed $20,000 a day for each
violation that:
(1) occurs in a county that is an urban natural gas
producing county; and
(2) is of a provision of this title that pertains to
safety or the prevention or control of pollution.
(b-2) Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(e) Except as provided by Subsection (f), a [A] penalty
collected under this section shall be deposited to the credit of the
oil-field cleanup fund.
(f) The portion of the amount of a penalty collected under
this section for a violation described by Subsection (b-1) that
exceeds $10,000 a day may be appropriated only to the commission to
be used for activities and equipment related to the inspection of
gas wells in urban natural gas producing counties.
SECTION 2. Section 91.111(c), Natural Resources Code, is
amended to read as follows:
(c) The fund consists of:
(1) penalties imposed under Section 85.381 for
violation of a law, order, or rule relating to well plugging
requirements;
(2) proceeds from bonds and other financial security
required by this chapter and benefits under well-specific plugging
insurance policies described by Section 91.104(c) that are paid to
the state as contingent beneficiary of the policies, subject to the
refund provisions of Section 91.1091, if applicable;
(3) private contributions, including contributions
made under Section 89.084;
(4) expenses collected under Section 89.083;
(5) fees imposed under Section 85.2021;
(6) civil penalties collected for violations of
Chapter 89 or of rules or orders relating to plugging that are
adopted under this code;
(7) proceeds collected under Sections 89.085 and
91.115;
(8) interest earned on the funds deposited in the
fund;
(9) civil penalties or costs recovered under Section
91.457 or 91.459;
(10) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(11) costs recovered under Section 91.113(f);
(12) hazardous oil and gas waste generation fees
collected under Section 91.605;
(13) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(14) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(15) fees for a reissued certificate collected under
Section 91.707;
(16) fees collected under Section 91.1013;
(17) fees collected under Section 89.088;
(18) penalties collected under Section 81.0531,
except as otherwise provided by that section;
(19) fees collected under Section 91.142;
(20) fees collected under Section 91.654;
(21) costs recovered under Sections 91.656 and 91.657;
(22) two-thirds of the fees collected under Section
81.0521;
(23) fees collected under Sections 89.024 and 89.026;
and
(24) legislative appropriations.
SECTION 3. The changes in law made by this Act apply only to
a violation occurring on or after the effective date of this Act. A
violation occurring before the effective date of this Act is
subject to the law in effect on the date the violation occurred, and
that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.