82R4738 JXC-D By: Davis S.B. No. 772 A BILL TO BE ENTITLED AN ACT relating to the use of a tracer substance in performing a hydraulic fracturing treatment operation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 91, Natural Resources Code, is amended by adding Section 91.021 to read as follows: Sec. 91.021. HYDRAULIC FRACTURING FLUID TRACER. (a) In this section, "hydraulic fracturing treatment" means the stimulation of a well by the application of a base stimulation fluid containing a proppant with force in order to create artificial fractures in a formation for the purpose of improving the well's capacity to produce hydrocarbons. (b) The commission shall adopt rules requiring a person who performs a hydraulic fracturing treatment operation on a well to include a tracer substance in the base stimulation fluid used to perform the operation. (c) Rules adopted under this section may specify the type of tracer substance a person is required to use in performing a hydraulic fracturing treatment operation, such as an isotope tracer or a color tracer, provided that: (1) the tracer substance is traceable to a specific person after the tracer substance is used in a hydraulic fracturing treatment operation; and (2) the commission has determined that the use of the tracer substance in a hydraulic fracturing treatment operation will not endanger the public health. SECTION 2. The Railroad Commission of Texas shall adopt rules under Section 91.021, Natural Resources Code, as added by this Act, not later than February 1, 2012. SECTION 3. This Act takes effect September 1, 2011.