82R9791 SMH-D
By: Burnam H.B. No. 3212
A BILL TO BE ENTITLED
AN ACT
relating to the imposition of a fee on oil and gas waste disposed of
by injection in a commercial injection well permitted by the
Railroad Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
by adding Section 27.037 to read as follows:
Sec. 27.037. OIL-FIELD CLEANUP REGULATORY FEE ON OIL AND
GAS WASTE DISPOSED OF IN COMMERCIAL INJECTION WELL. (a) In this
section, "commercial injection well" means an injection well the
business purpose of which includes providing to the public, for
compensation, disposal of oil and gas waste by injection.
(b) An oil-field cleanup regulatory fee is imposed on oil
and gas waste disposed of by injection in a commercial injection
well permitted by the railroad commission under this chapter in the
amount of one cent for each barrel of 42 standard gallons.
(c) The comptroller shall collect the fee. The comptroller
by rule shall prescribe the manner in which the fee is administered,
collected, and enforced.
(d) The comptroller shall deposit the proceeds from the fee,
including any penalties collected in connection with the fee, to
the credit of the oil-field cleanup fund as provided by Section
91.111, Natural Resources Code.
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;
(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; and
(25) oil-field cleanup regulatory fees on oil and gas
waste disposed of by injection in a commercial injection well
collected under Section 27.037, Water Code.
SECTION 3. The comptroller shall adopt rules as necessary
to implement Section 27.037, Water Code, as added by this Act, not
later than December 1, 2011.
SECTION 4. This Act takes effect September 1, 2011.