| 1 | 1 | | By: Davis, Nelson S.B. No. 105 |
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| 2 | 2 | | (Keffer) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a restriction on the formation into which certain |
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| 8 | 8 | | commercial disposal wells permitted by the Railroad Commission of |
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| 9 | 9 | | Texas may inject oil and gas waste. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 27, Water Code, is amended |
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| 12 | 12 | | by adding Section 27.038 to read as follows: |
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| 13 | 13 | | Sec. 27.038. RESTRICTION ON CERTAIN COMMERCIAL DISPOSAL |
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| 14 | 14 | | WELLS. (a) This section applies only to a commercial disposal |
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| 15 | 15 | | well, as defined by the railroad commission, proposed to be located |
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| 16 | 16 | | wholly or partly above a hydrocarbon-producing geological |
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| 17 | 17 | | formation that underlies all or part of two counties: |
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| 18 | 18 | | (1) that are adjacent to one another; and |
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| 19 | 19 | | (2) each of which has a population of more than 1.8 |
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| 20 | 20 | | million. |
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| 21 | 21 | | (b) A permit issued by the railroad commission for a |
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| 22 | 22 | | commercial disposal well that authorizes the disposal of oil and |
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| 23 | 23 | | gas waste may authorize the disposal of the waste in only the |
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| 24 | 24 | | Ellenberger formation or a deeper formation. |
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| 25 | 25 | | SECTION 2. Section 27.038, Water Code, as added by this Act, |
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| 26 | 26 | | applies only to a permit application pending before the Railroad |
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| 27 | 27 | | Commission of Texas on or after the effective date of this Act. A |
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| 28 | 28 | | permit issued before the effective date of this Act is governed by |
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| 29 | 29 | | the law in effect when the permit was issued, and the former law is |
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| 30 | 30 | | continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2011. |
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