82R11041 SMH-F
By: Miller of Erath H.B. No. 849
Substitute the following for H.B. No. 849:
By: Price C.S.H.B. No. 849
A BILL TO BE ENTITLED
AN ACT
relating to notice of an application for a permit to dispose of oil
and gas waste in a commercial disposal well; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.034, Water Code, is amended by adding
Subsections (a-1), (a-2), and (a-3) to read as follows:
(a-1) In connection with an application for a permit to
dispose of oil and gas waste in a commercial disposal well, as
defined by the railroad commission, the rules adopted under
Subsection (a) must, at a minimum:
(1) require the applicant to give notice of the
application to:
(A) each owner of record of each surface tract
that adjoins the tract on which the well is proposed to be located;
(B) the commissioners court of the county in
which the well is proposed to be located; and
(C) any groundwater conservation district in
which the well is proposed to be located;
(2) require each owner of record of a surface tract who
receives notice of the application under Subdivision (1)(A) to give
notice of the application to each surface lessee or purchaser under
a contract for deed, executory contract, or other executory
conveyance of the tract who occupies a residence located on the
tract;
(3) require the applicant to publish notice of the
application in each newspaper of general circulation in the county
in which the well is proposed to be located that satisfies the
requirements of Section 2051.044, Government Code; and
(4) provide each person who receives notice of the
application under Subdivision (1)(A) or (B) an opportunity to
request a public hearing on the application.
(a-2) The failure of a person who receives notice of an
application under Subsection (a-1)(1)(A) to give notice of the
application to any person to whom the person is required to give
notice under Subsection (a-1)(2) does not invalidate any permit
issued by the railroad commission and may not be considered by the
railroad commission with respect to any pending permit application.
(a-3) The railroad commission is not required to hold more
than one public hearing on an application regardless of the number
of persons who request a hearing.
SECTION 2. Section 27.105(a), Water Code, is amended to
read as follows:
(a) A person who knowingly or intentionally violates a
provision of this chapter under the jurisdiction of the railroad
commission, a rule of the railroad commission other than a rule
adopted under Section 27.034(a-1)(2), or a term, condition, or
provision of a permit issued by the railroad commission under this
chapter is subject to a fine of not more than $5,000 for each
violation and for each day of violation. A violation under the
jurisdiction of the commission is enforceable under Section 7.157.
SECTION 3. This Act takes effect September 1, 2011.