82R6884 SMH-D
By: Keffer H.B. No. 3106
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Railroad Commission of Texas, the
creation of the Texas Oil and Gas Commission, and the transfer of
the powers and duties of the railroad commission to the oil and gas
commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 81, Natural Resources
Code, is amended to read as follows:
CHAPTER 81. TEXAS OIL AND GAS [RAILROAD] COMMISSION [OF TEXAS]
SECTION 2. Section 81.001, Natural Resources Code, is
amended to read as follows:
Sec. 81.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Oil and Gas
[Railroad] Commission [of Texas].
(2) "Commissioner" means the commissioner [any
member] of the Texas Oil and Gas [Railroad] Commission [of Texas].
SECTION 3. Subchapter A, Chapter 81, Natural Resources
Code, is amended by adding Section 81.003 to read as follows:
Sec. 81.003. REFERENCE TO RAILROAD COMMISSION OF TEXAS OR
RAILROAD COMMISSIONER. A reference in law to:
(1) the Railroad Commission of Texas means the Texas
Oil and Gas Commission; and
(2) a railroad commissioner or a member of the
Railroad Commission of Texas means the commissioner of the Texas
Oil and Gas Commission.
SECTION 4. Section 81.01001, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01001. SUNSET PROVISION. The Texas Oil and Gas
[Railroad] Commission [of Texas] is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the commission is abolished September
1, 2023 [2011].
SECTION 5. Section 81.01002, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01002. ELECTION AND TERM OF COMMISSIONER
[CHAIRMAN]. (a) The commission is governed by [commissioners
shall elect] one commissioner [as the chairman].
(b) The commissioner is elected for a term of four years.
SECTION 6. Section 81.01003, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01003. QUALIFICATIONS FOR OFFICE. The [A]
commissioner must be:
(1) a qualified voter under the constitution and laws;
and
(2) at least 25 years of age.
SECTION 7. Section 81.01004, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01004. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
CONDUCT, AND CONFLICT OF INTEREST. The [A] commissioner is subject
to the provisions of Chapter 572, Government Code, that apply to
elected officers, including the requirements governing personal
financial statements, standards of conduct, and conflicts of
interest.
SECTION 8. Subchapter B, Chapter 81, Natural Resources
Code, is amended by adding Section 81.010045 to read as follows:
Sec. 81.010045. CERTAIN POLITICAL CONTRIBUTIONS
RESTRICTED. (a) In this section, "political contribution" has the
meaning assigned by Section 251.001, Election Code.
(b) The commissioner may not knowingly accept a political
contribution given or offered with the intention that it be used in
connection with a campaign for or the holding of a statewide or
federal office, including the office of commissioner, except:
(1) beginning one year before the date of the next
general election at which the commissioner's office is filled; and
(2) ending on the 30th day before the date the first
regular legislative session of the commissioner's succeeding term
convenes.
(c) A person other than the commissioner may not knowingly
accept a political contribution given or offered with the intention
that it be used in connection with a campaign for the office of
commissioner, except:
(1) during the period:
(A) beginning one year before the date of the
next general election at which the commissioner's office is filled;
and
(B) ending on the 30th day before the date the
first regular legislative session of the commissioner's succeeding
term convenes; or
(2) during the period beginning on the date a vacancy
in the office of commissioner occurs and ending on the date that
vacancy is filled.
SECTION 9. Section 81.01005, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01005. NAME AND SEAL. (a) The commission is
[commissioners are] known [collectively] as the "Texas Oil and Gas
[Railroad] Commission [of Texas]."
(b) The seal of the commission contains a star of five
points with the words "Texas Oil and Gas [Railroad] Commission [of
Texas]" engraved on it.
SECTION 10. Section 81.01006, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01006. PROCEDURAL RULES. The commissioner
[commissioners] may adopt all rules necessary for the commission's
government and proceedings.
SECTION 11. Section 81.01007, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01007. SUPPLIES. The commissioner [commissioners]
shall be furnished necessary furniture, stationery, supplies, and
expenses, to be paid for on the order of the governor.
SECTION 12. Section 81.01008, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01008. PUBLIC HEARINGS [SESSIONS]. The commission
may hold public hearings [sessions] at any place in this state when
considered necessary.
SECTION 13. Section 81.01013(d), Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
(d) The commission shall provide to the commissioner
[commissioners] and to agency employees, as often as necessary,
information regarding the requirements for office or employment
under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
SECTION 14. Section 81.01016, Natural Resources Code, as
effective April 1, 2011, is amended to read as follows:
Sec. 81.01016. SEPARATION OF RESPONSIBILITIES. The
commission shall develop and implement policies that clearly
separate the policy-making responsibilities of the commissioner
[commissioners] and the management responsibilities of the staff of
the commission.
SECTION 15. Section 81.017, Natural Resources Code, is
amended to read as follows:
Sec. 81.017. ADDITIONAL EMPLOYEES. The commission may
employ gaugers, inspectors, investigators, supervisors, and
clerical employees. These employees shall include a chief engineer
and a [,] chief petroleum engineer, [and an administrative chief,]
and their salaries shall be paid in the amounts provided in the
General Appropriations Act.
SECTION 16. Section 81.018(b), Natural Resources Code, is
amended to read as follows:
(b) Warrants for expenses shall be issued only on duly
verified statements of the persons entitled to the funds and on
approval of the commissioner [chairman of the commission].
SECTION 17. Section 81.0521(c), Natural Resources Code, is
amended to read as follows:
(c) Two-thirds of the proceeds from this fee, excluding
[including] any penalties collected in connection with the fee,
shall be deposited to the oil and gas regulation and [oil-field]
cleanup fund as provided by Section 81.067 [91.111].
SECTION 18. Sections 81.0531(c), (d), and (e), Natural
Resources Code, are amended to read as follows:
(c) In determining the amount of the penalty, the commission
shall consider the [permittee's history of previous violations, the
seriousness of the violation, any hazard to the health or safety of
the public, and the demonstrated good faith of the person charged.
In determining the amount of the penalty for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety, the commission shall
consider the] guidelines adopted under Subsection (d).
(d) The commission by rule shall adopt guidelines to be used
in determining the amount of the penalty [for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety]. The guidelines shall
include a penalty calculation worksheet that specifies the typical
penalty for certain violations, circumstances justifying
enhancement of a penalty and the amount of the enhancement, and
circumstances justifying a reduction in a penalty and the amount of
the reduction. The guidelines shall take into account:
(1) the permittee's history of previous violations,
including the number of previous violations;
(2) the seriousness of the violation and of any
pollution resulting from the violation;
(3) any hazard to the health or safety of the public;
(4) the degree of culpability;
(5) the demonstrated good faith of the person charged;
and
(6) any other factor the commission considers
relevant.
(e) A penalty collected under this section shall be
deposited to the credit of the general revenue [oil-field cleanup]
fund.
SECTION 19. Section 81.056(g), Natural Resources Code, is
amended to read as follows:
(g) The commission may use money in the oil and gas
regulation and [oil-field] cleanup fund to implement this section.
The amount of money in the fund the commission may use for that
purpose may not exceed the amount of money in the fund that is
derived from fees collected under Section 91.142 from common
carriers or owners or operators of pipelines as determined annually
by the commission.
SECTION 20. The heading to Section 81.064, Natural
Resources Code, as effective April 1, 2011, is amended to read as
follows:
Sec. 81.064. POWERS OF [COMMISSIONER OR] DESIGNATED
EMPLOYEE IN CASES BEFORE COMMISSION.
SECTION 21. Sections 81.064(a) and (b), Natural Resources
Code, as effective April 1, 2011, are amended to read as follows:
(a) In a case before the commission, [a commissioner, or] an
authorized commission employee, designated by the commissioner
[commission] for that purpose, in the same manner as if the
commissioner [entire commission] were present, may:
(1) hold a hearing;
(2) conduct an investigation;
(3) make a record of a hearing or investigation for the
use and benefit of the commission;
(4) administer an oath;
(5) certify to an official act; and
(6) compel the attendance of a witness and the
production of papers, books, accounts, and other pertinent
documents and testimony.
(b) The record of a hearing or investigation made under this
section that is certified to by the [commissioner or] employee has
the same effect as if made before the commissioner [commission].
The commissioner [commission] shall determine a case in which the
record is made under this section in the same manner as if the
record had been made before the commissioner [commission].
SECTION 22. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Sections 81.065, 81.066, 81.067, 81.068,
81.069, 81.070, and 81.071 to read as follows:
Sec. 81.065. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The commission shall develop and implement
a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 81.066. ENFORCEMENT POLICY. (a) The commission by
rule shall adopt an enforcement policy to guide the employees of the
commission in evaluating violations of the provisions of this title
that pertain to safety or the prevention or control of pollution or
the provisions of a rule, order, license, permit, or certificate
that pertains to safety or the prevention or control of pollution
and is issued under this title.
(b) The enforcement policy adopted under this section must
include:
(1) a specific process for classifying violations
based on:
(A) the seriousness of any pollution resulting
from the violation; and
(B) any hazard to the health or safety of the
public; and
(2) standards to provide guidance to commission
employees on which violations may be dismissed once the permittee
comes into compliance and which violations must be forwarded for
enforcement.
(c) The standards adopted under Subsection (b)(2) must
require a commission employee to take into account the permittee's
history of previous violations in determining whether to dismiss a
violation once the permittee comes into compliance or forward the
violation for enforcement.
Sec. 81.067. OIL AND GAS REGULATION AND CLEANUP FUND. (a)
The oil and gas regulation and cleanup fund is created as a special
fund in the state treasury.
(b) The commission shall certify to the comptroller the date
on which the balance in the fund equals or exceeds $20 million. The
oil-field cleanup regulatory fees on oil and gas shall not be
collected or required to be paid on or after the first day of the
second month following the certification, except that the
comptroller shall resume collecting the fees on receipt of a
commission certification that the fund has fallen below $10
million. The comptroller shall continue collecting the fees until
collections are again suspended in the manner provided by this
subsection.
(c) The fund consists of:
(1) 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;
(2) private contributions, including contributions
made under Section 89.084;
(3) expenses collected under Section 89.083;
(4) fees imposed under Section 85.2021;
(5) costs recovered under Section 91.457 or 91.459;
(6) proceeds collected under Sections 89.085 and
91.115;
(7) interest earned on the funds deposited in the
fund;
(8) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(9) costs recovered under Section 91.113(f);
(10) hazardous oil and gas waste generation fees
collected under Section 91.605;
(11) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(12) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(13) fees for a reissued certificate collected under
Section 91.707;
(14) fees collected under Section 91.1013;
(15) fees collected under Section 89.088;
(16) fees collected under Section 91.142;
(17) fees collected under Section 91.654;
(18) costs recovered under Sections 91.656 and 91.657;
(19) two-thirds of the fees collected under Section
81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations; and
(22) any surcharges collected under Section 81.070.
(d) All revenues and balances in the oil and gas regulation
and cleanup fund created in this section are exempt from Section
403.095(b), Government Code.
Sec. 81.068. PURPOSE OF OIL AND GAS REGULATION AND CLEANUP
FUND. Money in the oil and gas regulation and cleanup fund may be
used by the commission or its employees or agents for any purpose
related to the regulation of oil and gas development, including oil
and gas monitoring and inspections, oil and gas remediation, oil
and gas well plugging, public information and services related to
those activities, and administrative costs and state benefits for
personnel involved in those activities.
Sec. 81.069. REPORTING ON PROGRESS IN MEETING PERFORMANCE
GOALS FOR THE OIL AND GAS REGULATION AND CLEANUP FUND. (a) The
commission, through the legislative appropriations request
process, shall establish specific performance goals for the oil and
gas regulation and cleanup fund for the next biennium, including
goals for each quarter of each state fiscal year of the biennium for
the number of:
(1) orphaned wells to be plugged with state-managed
funds;
(2) abandoned sites to be investigated, assessed, or
cleaned up with state funds; and
(3) surface locations to be remediated.
(b) The commission shall provide quarterly reports to the
Legislative Budget Board that include:
(1) the following information with respect to the
period since the last report was provided as well as cumulatively:
(A) the amount of money deposited in the oil and
gas regulation and cleanup fund;
(B) the amount of money spent from the fund for
the purposes described by Subsection (a);
(C) the balance of the fund; and
(D) the commission's progress in meeting the
quarterly performance goals established under Subsection (a) and,
if the number of orphaned wells plugged with state-managed funds,
abandoned sites investigated, assessed, or cleaned up with state
funds, or surface locations remediated is at least five percent
less than the number projected in the applicable goal established
under Subsection (a), an explanation of the reason for the
variance; and
(2) any additional information or data requested in
writing by the Legislative Budget Board.
(c) The commission shall submit to the legislature and make
available to the public, annually, a report that reviews the extent
to which money provided under Section 81.067 has enabled the
commission to better protect the environment through oil-field
cleanup activities. The report must include:
(1) the performance goals established under
Subsection (a) for that state fiscal year, the commission's
progress in meeting those performance goals, and, if the number of
orphaned wells plugged with state-managed funds, abandoned sites
investigated, assessed, or cleaned up with state funds, or surface
locations remediated is at least five percent less than the number
projected in the applicable goal established under Subsection (a),
an explanation of the reason for the variance;
(2) the number of orphaned wells plugged with
state-managed funds, by region;
(3) the number of wells orphaned, by region;
(4) the number of inactive wells not currently in
compliance with commission rules, by region;
(5) the status of enforcement proceedings for all
wells in violation of commission rules and the period during which
the wells have been in violation, by region in which the wells are
located;
(6) the number of surface locations remediated, by
region;
(7) a detailed accounting of expenditures of money in
the fund for oil-field cleanup activities, including expenditures
for plugging of orphaned wells, investigation, assessment, and
cleaning up of abandoned sites, and remediation of surface
locations;
(8) the method by which the commission sets priorities
by which it determines the order in which orphaned wells are
plugged;
(9) a projection of the amount of money needed for the
next biennium for plugging orphaned wells, investigating,
assessing, and cleaning up abandoned sites, and remediating surface
locations; and
(10) the number of sites successfully remediated under
the voluntary cleanup program under Subchapter O, Chapter 91, by
region.
Sec. 81.070. ESTABLISHMENT OF SURCHARGES ON FEES. (a)
Except as provided by Subsection (b), the commission by rule shall
provide for the imposition of reasonable surcharges as necessary on
fees imposed by the commission that are required to be deposited to
the credit of the oil and gas regulation and cleanup fund as
provided by Section 81.067 in amounts sufficient to enable the
commission to recover the costs of performing the functions
specified by Section 81.068 from those fees and surcharges.
(b) The commission may not impose a surcharge on an
oil-field cleanup regulatory fee on oil collected under Section
81.116 or an oil-field cleanup regulatory fee on gas collected
under Section 81.117.
(c) The commission by rule shall establish a methodology for
determining the amount of a surcharge that takes into account:
(1) the time required for regulatory work associated
with the activity in connection with which the surcharge is
imposed;
(2) the number of individuals or entities from which
the commission's costs may be recovered;
(3) the effect of the surcharge on operators of all
sizes, as measured by the number of oil or gas wells operated;
(4) the balance in the oil and gas regulation and
cleanup fund; and
(5) any other factors the commission determines to be
important to the fair and equitable imposition of the surcharge.
(d) The commission shall collect a surcharge on a fee at the
time the fee is collected.
(e) A surcharge collected under this section shall be
deposited to the credit of the oil and gas regulation and cleanup
fund as provided by Section 81.067.
Sec. 81.071. POWERS AND DUTIES OF STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) Notwithstanding any other law, the
State Office of Administrative Hearings shall conduct each
contested case hearing in an enforcement proceeding under a law
administered by the commission. A hearing must be conducted in
accordance with the rules and procedures adopted by the commission.
(b) The commission may delegate to the State Office of
Administrative Hearings the authority to make a final decision and
to issue findings of fact, conclusions of law, and other necessary
orders in a proceeding in which there is not a contested issue of
fact or law.
(c) The commission by rule shall define the procedures by
which it delegates final decision-making authority under
Subsection (b).
(d) For purposes of judicial review, an administrative law
judge's final decision under Subsection (b) has the same effect as a
final decision of the commission unless the commission requests
formal review of the decision.
SECTION 23. Section 81.115, Natural Resources Code, is
amended to read as follows:
Sec. 81.115. APPROPRIATIONS [PAYMENTS] TO COMMISSION FOR
OIL AND GAS REGULATION AND CLEANUP PURPOSES [OIL AND GAS DIVISION].
Money appropriated to the [oil and gas division of the] commission
under the General Appropriations Act for the purposes described by
Section 81.068 shall be paid from the oil and gas regulation and
cleanup fund [General Revenue Fund].
SECTION 24. Sections 81.116(d) and (e), Natural Resources
Code, are amended to read as follows:
(d) The comptroller shall suspend collection of the fee in
the manner provided by Section 81.067 [91.111]. The exemptions and
reductions set out in Sections 202.052, 202.054, 202.056, 202.057,
202.059, and 202.060, Tax Code, do not affect the fee imposed by
this section.
(e) Proceeds from the fee, excluding [including] any
penalties collected in connection with the fee, shall be deposited
to the oil and gas regulation and [oil-field] cleanup fund as
provided by Section 81.067 [91.111 of this code].
SECTION 25. Sections 81.117(d) and (e), Natural Resources
Code, are amended to read as follows:
(d) The comptroller shall suspend collection of the fee in
the manner provided by Section 81.067 [91.111]. The exemptions and
reductions set out in Sections 201.053, 201.057, 201.058, and
202.060, Tax Code, do not affect the fee imposed by this section.
(e) Proceeds from the fee, excluding [including] any
penalties collected in connection with the fee, shall be deposited
to the oil and gas regulation and [oil-field] cleanup fund as
provided by Section 81.067 [91.111 of this code].
SECTION 26. Section 85.2021(d), Natural Resources Code, is
amended to read as follows:
(d) All fees collected under this section shall be deposited
in the oil and gas regulation and [state oil-field] cleanup fund.
SECTION 27. Section 89.024(d), Natural Resources Code, is
amended to read as follows:
(d) An operator who files an abeyance of plugging report
must pay an annual fee of $100 for each well covered by the report.
A fee collected under this section shall be deposited in the oil and
gas regulation and [oil-field] cleanup fund.
SECTION 28. Section 89.026(d), Natural Resources Code, is
amended to read as follows:
(d) An operator who files documentation described by
Subsection (a) must pay an annual fee of $50 for each well covered
by the documentation. A fee collected under this section shall be
deposited in the oil and gas regulation and [oil-field] cleanup
fund.
SECTION 29. Section 89.048(d), Natural Resources Code, is
amended to read as follows:
(d) On successful plugging of the well by the well plugger,
the surface estate owner may submit documentation to the commission
of the cost of the well-plugging operation. The commission shall
reimburse the surface estate owner from money in the oil and gas
regulation and [oil-field] cleanup fund in an amount not to exceed
50 percent of the lesser of:
(1) the documented well-plugging costs; or
(2) the average cost incurred by the commission in the
preceding 24 months in plugging similar wells located in the same
general area.
SECTION 30. Section 89.083(j), Natural Resources Code, is
amended to read as follows:
(j) Money collected in a suit under this section shall be
deposited in the oil and gas regulation and [state oil-field]
cleanup fund.
SECTION 31. Section 89.085(d), Natural Resources Code, is
amended to read as follows:
(d) The commission shall deposit money received from the
sale of well-site equipment or hydrocarbons under this section to
the credit of the oil and gas regulation and [oil-field] cleanup
fund. The commission shall separately account for money and credit
received for each well.
SECTION 32. The heading to Section 89.086, Natural
Resources Code, is amended to read as follows:
Sec. 89.086. CLAIMS AGAINST OIL AND GAS REGULATION AND [THE
OIL-FIELD] CLEANUP FUND.
SECTION 33. Sections 89.086(a), (h), (i), (j), and (k),
Natural Resources Code, are amended to read as follows:
(a) A person with a legal or equitable ownership or security
interest in well-site equipment or hydrocarbons disposed of under
Section 89.085 [of this code] may make a claim against the oil and
gas regulation and [oil-field] cleanup fund unless an element of
the transaction giving rise to the interest occurs after the
commission forecloses its statutory lien under Section 89.083.
(h) The commission shall suspend an amount of money in the
oil and gas regulation and [oil-field] cleanup fund equal to the
amount of the claim until the claim is finally resolved. If the
provisions of Subsection (k) [of this section] prevent suspension
of the full amount of the claim, the commission shall treat the
claim as two consecutively filed claims, one in the amount of funds
available for suspension and the other in the remaining amount of
the claim.
(i) A claim made by or on behalf of the operator or a
nonoperator of a well or a successor to the rights of the operator
or nonoperator is subject to a ratable deduction from the proceeds
or credit received for the well-site equipment to cover the costs
incurred by the commission in removing the equipment or
hydrocarbons from the well or in transporting, storing, or
disposing of the equipment or hydrocarbons. A claim made by a
person who is not an operator or nonoperator is subject to a ratable
deduction for the costs incurred by the commission in removing the
equipment from the well. If a claimant is a person who is
responsible under law or commission rules for plugging the well or
cleaning up pollution originating on the lease or if the claimant
owes a penalty assessed by the commission or a court for a violation
of a commission rule or order, the commission may recoup from or
offset against a valid claim an expense incurred by the oil and gas
regulation and [oil-field] cleanup fund that is not otherwise
reimbursed or any penalties owed. An amount recouped from,
deducted from, or offset against a claim under this subsection
shall be treated as an invalid portion of the claim and shall remain
suspended in the oil and gas regulation and [oil-field] cleanup
fund in the manner provided by Subsection (j) [of this section].
(j) If the commission finds that a claim is valid in whole or
in part, the commission shall pay the valid portion of the claim
from the suspended amount in the oil and gas regulation and
[oil-field] cleanup fund not later than the 30th day after the date
of the commission's decision. If the commission finds that a claim
is invalid in whole or in part, the commission shall continue to
suspend in the oil and gas regulation and [oil-field] cleanup fund
an amount equal to the invalid portion of the claim until the period
during which the commission's decision may be appealed has expired
or, if appealed, during the period the case is under judicial
review. If on appeal the district court finds the claim valid in
whole or in part, the commission shall pay the valid portion of the
claim from the suspended amount in the oil and gas regulation and
[oil-field] cleanup fund not later than 30 days after the date the
court's judgment becomes unappealable. On the date the
commission's decision is not subject to judicial review, the
commission shall release from the suspended amount in the oil and
gas regulation and [oil-field] cleanup fund the amount of the claim
held to be invalid.
(k) If the aggregate of claims paid and money suspended that
relates to well-site equipment or hydrocarbons from a particular
well equals the total of the actual proceeds and credit realized
from the disposition of that equipment or those hydrocarbons, the
oil and gas regulation and [oil-field] cleanup fund is not liable
for any subsequently filed claims that relate to the same equipment
or hydrocarbons unless and until the commission releases from the
suspended amount money derived from the disposition of that
equipment or those hydrocarbons. If the commission releases money,
then the commission shall suspend money in the amount of
subsequently filed claims in the order of filing.
SECTION 34. Section 89.121(b), Natural Resources Code, is
amended to read as follows:
(b) Civil penalties collected for violations of this
chapter or of rules relating to plugging that are adopted under this
code shall be deposited in the general revenue [state oil-field
cleanup] fund.
SECTION 35. Section 91.1013(c), Natural Resources Code, is
amended to read as follows:
(c) Fees collected under this section shall be deposited in
the oil and gas regulation and [state oil-field] cleanup fund.
SECTION 36. Section 91.108, Natural Resources Code, is
amended to read as follows:
Sec. 91.108. DEPOSIT AND USE OF FUNDS. Subject to the
refund provisions of Section 91.1091, if applicable, proceeds from
bonds and other financial security required pursuant to 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 shall be deposited in the
oil and gas regulation and [oil-field] cleanup fund and,
notwithstanding Sections 81.068 [91.112] and 91.113, may be used
only for actual well plugging and surface remediation.
SECTION 37. Section 91.109(a), Natural Resources Code, is
amended to read as follows:
(a) A person applying for or acting under a commission
permit to store, handle, treat, reclaim, or dispose of oil and gas
waste may be required by the commission to maintain a performance
bond or other form of financial security conditioned that the
permittee will operate and close the storage, handling, treatment,
reclamation, or disposal site in accordance with state law,
commission rules, and the permit to operate the site. However, this
section does not authorize the commission to require a bond or other
form of financial security for saltwater disposal pits, emergency
saltwater storage pits (including blow-down pits), collecting
pits, or skimming pits provided that such pits are used in
conjunction with the operation of an individual oil or gas lease.
Subject to the refund provisions of Section 91.1091 [of this code],
proceeds from any bond or other form of financial security required
by this section shall be placed in the oil and gas regulation and
[oil-field] cleanup fund. Each bond or other form of financial
security shall be renewed and continued in effect until the
conditions have been met or release is authorized by the
commission.
SECTION 38. Sections 91.113(a) and (f), Natural Resources
Code, are amended to read as follows:
(a) If oil and gas wastes or other substances or materials
regulated by the commission under Section 91.101 are causing or are
likely to cause the pollution of surface or subsurface water, the
commission, through its employees or agents, may use money in the
oil and gas regulation and [oil-field] cleanup fund to conduct a
site investigation or environmental assessment or control or clean
up the oil and gas wastes or other substances or materials if:
(1) the responsible person has failed or refused to
control or clean up the oil and gas wastes or other substances or
materials after notice and opportunity for hearing;
(2) the responsible person is unknown, cannot be
found, or has no assets with which to control or clean up the oil and
gas wastes or other substances or materials; or
(3) the oil and gas wastes or other substances or
materials are causing the pollution of surface or subsurface water.
(f) If the commission conducts a site investigation or
environmental assessment or controls or cleans up oil and gas
wastes or other substances or materials under this section, the
commission may recover all costs incurred by the commission from
any person who was required by law, rules adopted by the commission,
or a valid order of the commission to control or clean up the oil and
gas wastes or other substances or materials. The commission by
order may require the person to reimburse the commission for those
costs or may request the attorney general to file suit against the
person to recover those costs. At the request of the commission,
the attorney general may file suit to enforce an order issued by the
commission under this subsection. A suit under this subsection may
be filed in any court of competent jurisdiction in Travis County.
Costs recovered under this subsection shall be deposited to the oil
and gas regulation and [oil-field] cleanup fund.
SECTION 39. Section 91.264(c), Natural Resources Code, is
amended to read as follows:
(c) A penalty collected under this section shall be
deposited to the credit of the general revenue [oil-field cleanup]
fund [account].
SECTION 40. Section 91.457(b), Natural Resources Code, is
amended to read as follows:
(b) If a person ordered to close a saltwater disposal pit
under Subsection (a) [of this section] fails or refuses to close the
pit in compliance with the commission's order and rules, the
commission may close the pit using money from the oil and gas
regulation and [oil-field] cleanup fund and may direct the attorney
general to file suits in any courts of competent jurisdiction in
Travis County to recover applicable penalties and the costs
incurred by the commission in closing the saltwater disposal pit.
SECTION 41. Section 91.459(c), Natural Resources Code, is
amended to read as follows:
(c) Any [penalties or] costs recovered by the attorney
general under this subchapter shall be deposited in the oil and gas
regulation and [oil-field] cleanup fund.
SECTION 42. Section 91.605(e), Natural Resources Code, is
amended to read as follows:
(e) The fees collected under this section shall be deposited
in the oil and gas regulation and [oil-field] cleanup fund.
SECTION 43. Section 91.654(e), Natural Resources Code, is
amended to read as follows:
(e) Fees collected under this section shall be deposited to
the credit of the oil and gas regulation and [oil-field] cleanup
fund under Section 81.067 [91.111].
SECTION 44. Section 91.707(b), Natural Resources Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the oil and gas regulation and [oil-field] cleanup fund.
SECTION 45. Subchapter B, Chapter 102, Natural Resources
Code, is amended by adding Sections 102.0125 and 102.0165 to read as
follows:
Sec. 102.0125. WITHDRAWAL AND REFILING OF APPLICATION. (a)
The commission by rule shall:
(1) provide procedures requiring an interested owner
who applies to the commission for the pooling of mineral interests
to give notice to the commission before withdrawing the application
if a hearing on the application has been scheduled; and
(2) require an applicant who refiles an application
that was withdrawn without proper notice as required by rules
adopted under Subdivision (1) to pay a filing fee that exceeds the
amount of any fee required for filing the initial application.
(b) Rules adopted under Subsection (a)(1) must specify the
deadline for giving notice of withdrawal of the application before
the hearing is held.
Sec. 102.0165. LOCATION OF HEARING. (a) At the request of
an interested party, the commission may hold the hearing on the
application in person or by telephone at a location in the vicinity
of the proposed unit.
(b) The commission may contract with another state agency to
hold hearings on applications for pooling of interests into a unit
under the provisions of this chapter in person or by telephone at
field offices of that agency.
SECTION 46. Section 117.012(a), Natural Resources Code, is
amended to read as follows:
(a) The commission shall adopt rules that include:
(1) safety standards for and practices applicable to
the intrastate transportation of hazardous liquids or carbon
dioxide by pipeline and intrastate hazardous liquid or carbon
dioxide pipeline facilities; and
(2) [, including] safety standards related to the
prevention of damage to interstate and intrastate hazardous liquid
or carbon dioxide pipeline facilities [such a facility] resulting
from the movement of earth by a person in the vicinity of such a
[the] facility, other than movement by tillage that does not exceed
a depth of 16 inches.
SECTION 47. Section 211.033(q), Natural Resources Code, is
amended to read as follows:
(q) A penalty collected under this section shall be remitted
to the comptroller for [the] deposit to the credit of the general
revenue [oil-field cleanup] fund.
SECTION 48. Section 52.092(c), Election Code, is amended to
read as follows:
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) [railroad] commissioner of the Texas Oil and Gas
Commission;
(8) chief justice, supreme court;
(9) justice, supreme court;
(10) presiding judge, court of criminal appeals;
(11) judge, court of criminal appeals.
SECTION 49. Section 756.126, Health and Safety Code, is
amended to read as follows:
Sec. 756.126. SAFETY STANDARDS AND BEST PRACTICES. The
Texas Oil and Gas [Railroad] Commission [of Texas] shall adopt and
enforce safety standards and best practices, including those
described by 49 U.S.C. Section 6105 et seq., relating to the
prevention of damage by a person to a facility, including an
interstate or intrastate pipeline facility, under the jurisdiction
of the commission.
SECTION 50. Section 102.006, Utilities Code, is amended to
read as follows:
Sec. 102.006. POWERS AND DUTIES OF STATE OFFICE OF
ADMINISTRATIVE HEARINGS [IN CONTESTED CASES]. (a) The [railroad
commission by rule shall provide for administrative hearings in
contested cases to be conducted by one or more members of the
railroad commission, by railroad commission hearings examiners, or
by the utility division of the State Office of Administrative
Hearings. The rules must provide for a railroad commission
hearings examiner or the utility division of the] State Office of
Administrative Hearings shall [to] conduct each hearing in a
contested case under this subtitle [that is not conducted by one or
more members of the railroad commission]. A hearing must be
conducted in accordance with the rules and procedures adopted by
the railroad commission.
(b) The railroad commission may delegate to [a railroad
commission hearings examiner or to the utility division of] the
State Office of Administrative Hearings the authority to make a
final decision and to issue findings of fact, conclusions of law,
and other necessary orders in a proceeding in which there is not a
contested issue of fact or law.
(c) The railroad commission by rule shall define the
procedures by which it delegates final decision-making authority
under Subsection (b) [to a railroad commission hearings examiner or
to the utility division of the State Office of Administrative
Hearings].
(d) For purposes of judicial review, an administrative law
judge's [the] final decision [of a railroad commission hearings
examiner or an administrative law judge of the State Office of
Administrative Hearings in a matter delegated] under Subsection (b)
has the same effect as a final decision of the railroad commission
unless [a member of] the commission requests formal review of the
decision.
[(e) The State Office of Administrative Hearings shall
charge the railroad commission a fixed annual rate for hearings
conducted by the office under this section only if the legislature
appropriates money for that purpose. If the legislature does not
appropriate money for the payment of a fixed annual rate under this
section, the State Office of Administrative Hearings shall charge
the railroad commission an hourly rate of not more than $90 per hour
for hearings conducted by the office under this section.]
SECTION 51. Section 121.201(a), Utilities Code, is amended
to read as follows:
(a) The railroad commission may:
(1) by rule prescribe or adopt safety standards for
the transportation of gas and for gas pipeline facilities,
including safety standards related to the prevention of damage to
an interstate or intrastate gas pipeline [such a] facility
resulting from the movement of earth by a person in the vicinity of
the facility, other than movement by tillage that does not exceed a
depth of 16 inches;
(2) by rule require an operator that does not file
operator organization information under Section 91.142, Natural
Resources Code, to provide the information to the commission in the
form of an application;
(3) by rule require record maintenance and reports;
(4) inspect records and facilities to determine
compliance with safety standards prescribed or adopted under
Subdivision (1);
(5) make certifications and reports from time to time;
(6) seek designation by the United States secretary of
transportation as an agent to conduct safety inspections of
interstate gas pipeline facilities located in this state; and
(7) by rule take any other requisite action in
accordance with 49 U.S.C. Section 60101 et seq., or a succeeding
law.
SECTION 52. Section 29.015, Water Code, is amended to read
as follows:
Sec. 29.015. APPLICATION FEE. With each application for
issuance, renewal, or material amendment of a permit, the applicant
shall submit to the railroad commission a nonrefundable fee of
$100. Fees collected under this section shall be deposited in the
oil and gas regulation and [oil-field] cleanup fund.
SECTION 53. The following provisions of the Natural
Resources Code are repealed:
(1) Section 91.111;
(2) Section 91.112;
(3) Section 91.1135; and
(4) Subchapter I, Chapter 113.
SECTION 54. On the effective date of this Act:
(1) the oil-field cleanup fund and the alternative
fuels research and education fund are abolished;
(2) any money remaining in the oil-field cleanup fund
is transferred to the oil and gas regulation and cleanup fund;
(3) any money remaining in the alternative fuels
research and education fund is transferred to the undedicated
portion of the general revenue fund;
(4) any claim against the oil-field cleanup fund is
transferred to the oil and gas regulation and cleanup fund;
(5) any claim against the alternative fuels research
and education fund is transferred to the undedicated portion of the
general revenue fund;
(6) any amount required to be deposited to the credit
of the oil-field cleanup fund shall be deposited to the credit of
the oil and gas regulation and cleanup fund; and
(7) any amount required to be deposited to the credit
of the alternative fuels research and education fund shall be
deposited to the credit of the undedicated portion of the general
revenue fund.
SECTION 55. (a) As soon as possible after the effective
date of this Act, the governor shall appoint the initial
commissioner of the Texas Oil and Gas Commission to serve a term
that expires January 1, 2013.
(b) The office of commissioner of the Texas Oil and Gas
Commission exists for purposes of the primary and general election
in 2012.
(c) The initial elected commissioner of the Texas Oil and
Gas Commission shall be elected at the general election for state
and county officers in 2012 to serve a two-year term.
(d) The initial elected commissioner of the Texas Oil and
Gas Commission shall take office January 1, 2013.
SECTION 56. (a) On the date the initial commissioner of the
Texas Oil and Gas Commission takes office:
(1) the Texas Oil and Gas Commission is created;
(2) the Railroad Commission of Texas is abolished and
the terms of the members of the Railroad Commission of Texas serving
on that date expire;
(3) the powers, duties, functions, programs, and
activities of the Railroad Commission of Texas are transferred to
the Texas Oil and Gas Commission;
(4) an employee of the Railroad Commission of Texas
becomes an employee of the Texas Oil and Gas Commission;
(5) all obligations and contracts of the Railroad
Commission of Texas are transferred to the Texas Oil and Gas
Commission;
(6) all property and records in the custody of the
Railroad Commission of Texas and all funds appropriated by the
legislature to the Railroad Commission of Texas shall be
transferred to the Texas Oil and Gas Commission;
(7) all complaints, investigations, or contested
cases that are pending before the Railroad Commission of Texas, or
the governing body of the Railroad Commission of Texas, are
transferred without change in status to the Texas Oil and Gas
Commission;
(8) a rule or form adopted by the Railroad Commission
of Texas is a rule or form of the Texas Oil and Gas Commission and
remains in effect until altered by that commission;
(9) a reference in law to the Railroad Commission of
Texas means the Texas Oil and Gas Commission;
(10) a reference in law to a railroad commissioner or a
member of the Railroad Commission of Texas means the commissioner
of the Texas Oil and Gas Commission; and
(11) a license, permit, or certification in effect
that was issued by the Railroad Commission of Texas is continued in
effect as a license, permit, or certification of the Texas Oil and
Gas Commission.
(b) The abolition of the Railroad Commission of Texas and
the transfer of its powers, duties, functions, programs,
activities, obligations, rights, contracts, records, property,
funds, and employees as provided by this Act do not affect or impair
an act done, any obligation, right, order, permit, certificate,
rule, criterion, standard, or requirement existing, or any penalty
accrued under former law, and that law remains in effect for any
action concerning those matters.
SECTION 57. The Railroad Commission of Texas shall adopt a
timetable for phasing in the use of the name of the Texas Oil and Gas
Commission so as to minimize the fiscal impact of the change of name
of the entity responsible for performing the functions of the
Railroad Commission of Texas. Until January 1, 2012, to allow for
phasing in the use of the name of the Texas Oil and Gas Commission
and in accordance with the timetable established as required by
this section, the Texas Oil and Gas Commission may perform any act
authorized by law for the Railroad Commission of Texas as the
Railroad Commission of Texas or as the Texas Oil and Gas Commission
and any act of the Texas Oil and Gas Commission acting as the
Railroad Commission of Texas is an act of the Texas Oil and Gas
Commission.
SECTION 58. This Act takes effect September 1, 2011.