83R589 SMH-D By: King of Zavala H.B. No. 2992 A BILL TO BE ENTITLED AN ACT relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 91, Natural Resources Code, is amended by adding Section 91.1016 to read as follows: Sec. 91.1016. REUSE, DISCHARGE, OR DISPOSAL OF FLUID PRODUCED FROM HYDRAULICALLY FRACTURED WELL. (a) Flowback and produced water from an oil or gas well on which a hydraulic fracturing treatment has been performed using groundwater may not be disposed of in an oil and gas waste disposal well unless the fluid is incapable of being treated to a degree that would allow the fluid to be: (1) used to perform a hydraulic fracturing treatment on another oil or gas well; (2) used for another beneficial purpose; or (3) discharged into or adjacent to water in the state. (b) The commission shall adopt rules establishing standards for determining whether flowback and produced water described by this section may be disposed of in an oil and gas waste disposal well. SECTION 2. The Railroad Commission of Texas shall adopt rules under Section 91.1016, Natural Resources Code, as added by this Act, not later than December 1, 2013. SECTION 3. Section 91.1016, Natural Resources Code, as added by this Act, applies only to the disposal of flowback and produced water in an oil and gas waste disposal well on or after the date the rules adopted by the Railroad Commission of Texas under that section take effect. The disposal of flowback and produced water in an oil and gas waste disposal well before the date the rules take effect 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 4. This Act takes effect September 1, 2013.