Texas 2013 - 83rd Regular

Texas House Bill HB448

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a requirement that the operator of an oil or gas well on which a hydraulic fracturing treatment is to be performed mail a list of the chemicals to be used in the treatment to persons residing near the well.

Impact

The enactment of HB 448 has a significant impact on state laws concerning oil and gas operations. By requiring operators to publicly disclose the chemical ingredients of hydraulic fracturing fluids, the bill seeks to enhance environmental safety and community awareness. It adds a layer of regulatory compliance for well operators, thereby altering existing protocols around hydraulic fracturing treatments. This law aligns Texas with a growing trend toward greater public accountability in industrial operations, especially concerning environmental impact and community health.

Summary

House Bill 448, titled the Chemical Disclosure Act, mandates that operators of oil and gas wells performing hydraulic fracturing treatments must notify nearby residents of the chemicals expected to be used in such operations. Specifically, operators are required to mail a list of these chemicals to individuals residing within 500 feet of the well, 30 days prior to the commencement of any hydraulic fracturing treatment. This disclosure is intended to promote transparency and ensure that residents are informed about potential environmental hazards associated with hydraulic fracturing processes.

Sentiment

The sentiment surrounding HB 448 appears to be generally positive among environmental advocates and community groups who view increased transparency as a critical improvement in public safety. However, some within the oil and gas industry may express concerns about the administrative burden this bill places on operators, particularly regarding the potential for allegations of overreach in the confidentiality of certain chemical ingredients. The discussion reflects a balancing act between the right of the public to know and the interests of businesses in protecting proprietary information.

Contention

Key points of contention involve how trade secrets are handled under the new law. While operators can claim that certain chemical identities are trade secrets, residents have the right to challenge these claims. This dynamic raises questions about the enforcement mechanism and how transparent operators will actually be in their disclosures. The bill addresses the tension between public right-to-know initiatives and the proprietary interests of chemical manufacturers involved in hydraulic fracturing.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4320

Relating to the disclosure of certain chemicals included in hydraulic fracturing treatments.

TX HB4577

Relating to a study regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals in hydraulic fracturing.

TX HB3839

Relating to financial security requirements for operators of oil and gas wells.

TX HB3044

Relating to the financial security requirements for operators of oil and gas wells.

TX SB1550

Relating to the financial security requirements for operators of oil and gas wells.

TX HB1782

Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well.

TX HB2056

Relating to a severance tax exemption for oil and gas produced from certain restimulation wells; providing a civil penalty.

TX SB1407

Relating to a severance tax exemption for oil and gas produced from certain restimulation wells; providing a civil penalty.

TX HB1194

Relating to the requirement of a public hearing on certain applications for a permit to drill an oil or gas well.

TX HB591

Relating to an exemption from the severance tax for gas produced from certain wells that is consumed near the well and would otherwise have been lawfully vented or flared.

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