83R6628 SLB-D
By: Burnam H.B. No. 3597
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
issue a permit to drill an oil or gas well in an easement held by the
Texas Department of Transportation.
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. PERMIT TO DRILL WELL IN TRANSPORTATION
EASEMENT. (a) In this section, "department" means the Texas
Department of Transportation.
(b) Not later than the fifth day after the date the
commission receives an application for a permit to drill an oil or
gas well, the commission shall notify the department of the receipt
of the application.
(c) Not later than the 30th day after the date the
department receives the notice described by Subsection (b), the
department shall notify the commission whether the proposed
location of the well is in an easement held by the department.
(d) If the department notifies the commission that the
proposed location of the well is in an easement held by the
department, the commission may not issue the permit unless the
commission includes in the permit conditions that prohibit drilling
or other operations on the surface of land during the period in
which the land is used by this state as a highway, road, street, or
alley. This subsection does not prohibit the issuance of a permit
for the drilling of a horizontal well the horizontal drain hole of
which is proposed to be located under land used by this state as a
highway, road, street, or alley if drilling or other operations
will not be conducted on the surface of that land.
SECTION 2. Section 91.021, Natural Resources Code, as added
by this Act, applies only to a permit application filed with the
Railroad Commission of Texas on or after the effective date of this
Act. A permit application filed with the commission before the
effective date of this Act is governed by the law in effect when the
application was filed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2013.