Texas 2011 - 82nd Regular

Texas House Bill HB849 Compare Versions

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Old	New	Differences
1	1	82R11041 SMH-F
2	2	By: Miller of Erath H.B. No. 849
3	3	Substitute the following for H.B. No. 849:
4	4	By: Price C.S.H.B. No. 849
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice of an application for a permit to dispose of oil
10	10	and gas waste in a commercial disposal well; creating an offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 27.034, Water Code, is amended by adding
13	13	Subsections (a-1), (a-2), and (a-3) to read as follows:
14	14	(a-1) In connection with an application for a permit to
15	15	dispose of oil and gas waste in a commercial disposal well, as
16	16	defined by the railroad commission, the rules adopted under
17	17	Subsection (a) must, at a minimum:
18	18	(1) require the applicant to give notice of the
19	19	application to:
20	20	(A) each owner of record of each surface tract
21	21	that adjoins the tract on which the well is proposed to be located;
22	22	(B) the commissioners court of the county in
23	23	which the well is proposed to be located; and
24	24	(C) any groundwater conservation district in
25	25	which the well is proposed to be located;
26	26	(2) require each owner of record of a surface tract who
27	27	receives notice of the application under Subdivision (1)(A) to give
28	28	notice of the application to each surface lessee or purchaser under
29	29	a contract for deed, executory contract, or other executory
30	30	conveyance of the tract who occupies a residence located on the
31	31	tract;
32	32	(3) require the applicant to publish notice of the
33	33	application in each newspaper of general circulation in the county
34	34	in which the well is proposed to be located that satisfies the
35	35	requirements of Section 2051.044, Government Code; and
36	36	(4) provide each person who receives notice of the
37	37	application under Subdivision (1)(A) or (B) an opportunity to
38	38	request a public hearing on the application.
39	39	(a-2) The failure of a person who receives notice of an
40	40	application under Subsection (a-1)(1)(A) to give notice of the
41	41	application to any person to whom the person is required to give
42	42	notice under Subsection (a-1)(2) does not invalidate any permit
43	43	issued by the railroad commission and may not be considered by the
44	44	railroad commission with respect to any pending permit application.
45	45	(a-3) The railroad commission is not required to hold more
46	46	than one public hearing on an application regardless of the number
47	47	of persons who request a hearing.
48	48	SECTION 2. Section 27.105(a), Water Code, is amended to
49	49	read as follows:
50	50	(a) A person who knowingly or intentionally violates a
51	51	provision of this chapter under the jurisdiction of the railroad
52	52	commission, a rule of the railroad commission other than a rule
53	53	adopted under Section 27.034(a-1)(2), or a term, condition, or
54	54	provision of a permit issued by the railroad commission under this
55	55	chapter is subject to a fine of not more than $5,000 for each
56	56	violation and for each day of violation. A violation under the
57	57	jurisdiction of the commission is enforceable under Section 7.157.
58	58	SECTION 3. This Act takes effect September 1, 2011.