82R9865 TRH-F
By: Duncan S.B. No. 1689
A BILL TO BE ENTITLED
AN ACT
relating to the process for refusing to renew an organization
report for an operator that fails to plug an inactive oil or gas
well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 89.022, Natural Resources Code, is
amended by adding Subsections (d), (e), (f), and (g) to read as
follows:
(d) Before the commission issues an order refusing to renew
an operator's organization report under Subsection (c), an
authorized commission employee or a person designated by the
commission for that purpose must determine whether the operator has
failed to comply with the requirements of this subchapter. If the
authorized commission employee or designated person determines
that the organization report does not qualify for renewal on that
ground, the authorized commission employee or designated person
must:
(1) notify the operator of the determination;
(2) provide the operator with a written statement of
the reasons the organization report does not qualify for renewal;
and
(3) notify the operator that the operator has 90 days
to comply with the requirements of this subchapter.
(e) The authorized commission employee or designated person
may grant the operator an additional 45 days to comply with the
requirements of this subchapter for good cause shown.
(f) After the expiration of the period specified by
Subsection (d)(3) as extended under Subsection (e), if applicable,
the authorized commission employee or designated person shall
determine whether the organization report qualifies for renewal and
notify the operator of the determination. If the authorized
commission employee or designated person determines that the
organization report does not qualify for renewal because the
operator has continued to fail to comply with the requirements of
this subchapter, the operator, not later than the 30th day after the
date of the determination, may request a hearing regarding the
determination.
(g) If the commission determines following the hearing that
the operator has failed to comply with the requirements of this
subchapter or the operator fails to file a timely request for a
hearing, the commission by order shall refuse to renew the
organization report. The organization report remains in effect
until the commission's order becomes final.
SECTION 2. The changes in law made by this Act apply only to
the renewal of an organization report on or after the effective date
of this Act. The renewal of an organization report before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.