By: Davis, Nelson S.B. No. 105
(Keffer)
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on the formation into which certain
commercial disposal wells permitted by the Railroad Commission of
Texas may inject oil and gas waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 27, Water Code, is amended
by adding Section 27.038 to read as follows:
Sec. 27.038. RESTRICTION ON CERTAIN COMMERCIAL DISPOSAL
WELLS. (a) This section applies only to a commercial disposal
well, as defined by the railroad commission, proposed to be located
wholly or partly above a hydrocarbon-producing geological
formation that underlies all or part of two counties:
(1) that are adjacent to one another; and
(2) each of which has a population of more than 1.8
million.
(b) A permit issued by the railroad commission for a
commercial disposal well that authorizes the disposal of oil and
gas waste may authorize the disposal of the waste in only the
Ellenberger formation or a deeper formation.
SECTION 2. Section 27.038, Water Code, as added by this Act,
applies only to a permit application pending before the Railroad
Commission of Texas on or after the effective date of this Act. A
permit issued before the effective date of this Act is governed by
the law in effect when the permit was issued, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.