83R2207 JAM-F
By: Crownover H.B. No. 878
A BILL TO BE ENTITLED
AN ACT
relating to the filing with the state of well logs by operators of
oil-related or gas-related wells; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter M, Chapter 91, Natural
Resources Code, is amended to read as follows:
SUBCHAPTER M. WELL [ELECTRIC] LOGS
SECTION 2. Sections 91.551(a)(1) and (2), Natural Resources
Code, are amended to read as follows:
(1) "Well" means a well drilled for any purpose
related to exploration for or production or storage of oil or gas or
both oil and gas, including a well drilled for injection of fluids
to enhance hydrocarbon recovery, disposal of produced fluids,
disposal of waste from exploration or production activity, or brine
mining. The term includes a well that is completed as a dry hole.
(2) "Well [Electric] log" means:
(A) a resistivity log combined with a spontaneous
potential log; or
(B) a gamma ray log combined with a porosity log
[a wireline survey, except dipmeter surveys and seismic wireline
surveys, run in an open hole or a cased hole of a well for purposes
of obtaining geological information].
SECTION 3. Section 91.552, Natural Resources Code, is
amended to read as follows:
Sec. 91.552. WELL [ELECTRIC] LOGS REQUIRED TO BE FILED;
CRITERIA. (a) Except as otherwise provided by this subchapter, not
later than the 90th day after the date a drilling operation is
completed, the operator shall file with the commission a copy of
each well log, including each borehole section of the log at all
depths, [a basic electric log] run after September 1, 2013
[September 1, 1985], in conjunction with the drilling or deepening
of the well that meets basic criteria established by the
commission. Each well log must be filed with the commission
electronically in a manner acceptable to the commission if the
commission has the technological capability to receive the
electronic filing.
(b) The commission by rule shall establish criteria for well
[basic electric] logs to be filed with the commission.
(c) Not later than the deadline prescribed by Subsection (a)
for the filing of each well log, an operator shall file with the
commission a copy of a cased hole log run after September 1, 2013,
in conjunction with the drilling or deepening of a well in lieu of a
well log run after that date if:
(1) a cased hole log was run; and
(2) a well log was not run.
(d) Nothing in this subchapter requires an operator to run a
well log in conjunction with the drilling or deepening of a well.
SECTION 4. The heading to Section 91.553, Natural Resources
Code, is amended to read as follows:
Sec. 91.553. AVAILABILITY OF WELL [ELECTRIC] LOGS.
SECTION 5. Sections 91.553(a), (b), and (f), Natural
Resources Code, are amended to read as follows:
(a) Except as specifically provided by this section, each
well [electric] log filed with the commission under this subchapter
is not confidential and is public information under Chapter 552,
Government Code.
(b) Not later than the date by which a well [an electric] log
is required to be filed with the commission under Section 91.552,
the operator may file a written request with the commission asking
that the well [electric] log remain confidential and not be made
available as public information. [On filing this request, the
electric log or copy of the electric log required to be filed with
the commission may be retained by the operator, and the electric log
may remain in the possession of the operator for the period of
confidentiality and any extensions of that period.] On filing of
the request for confidentiality, the well [electric] log becomes
confidential and remains confidential for a period of:
(1) three years [one year] after the date that the
drilling operation was completed, if the well is an onshore well; or
(2) five years after the date that the drilling
operation was completed, if the well is a bay or offshore well.
(f) An operator who fails to timely file with the commission
a written request under Subsection (b) that a well [an electric] log
remain confidential and not be made available as public information
[or a written request under Subsection (c) or (d) for an extension
of the period of confidentiality] shall file the log with the
commission immediately after the conclusion of the period for
filing the request.
SECTION 6. Section 91.554, Natural Resources Code, is
amended to read as follows:
Sec. 91.554. AVAILABILITY OF CONFIDENTIAL WELL [ELECTRIC]
LOGS. The [If the commission requires an electric log to be filed
before the expiration of a period of confidentiality, the]
commission may [shall] make a confidential well [that electric] log
available for inspection during the period of confidentiality only
to:
(1) a person authorized in writing by the operator; or
[and]
(2) members of the commission and its employees in the
exercise of their powers and duties under this code.
SECTION 7. Section 91.555, Natural Resources Code, is
amended to read as follows:
Sec. 91.555. MANAGEMENT AND STORAGE OF WELL [ELECTRIC]
LOGS. The commission may contract with any person for the
management and storage of the well [electric] logs filed with the
commission.
SECTION 8. Section 91.556, Natural Resources Code, is
amended to read as follows:
Sec. 91.556. ENFORCEMENT [DENIAL OF ALLOWABLE]. If an
operator fails to file a well [an electric] log as required by this
subchapter, the commission may:
(1) if the well is completed as a producing well,
refuse to assign an allowable or a change in allowable for
production from the well [for which the electric log is required]
until the operator files the well [electric] log with the
commission; or
(2) impose an administrative penalty on the operator
in the manner provided by Sections 81.0531-81.0534 in an amount not
to exceed $500 for each well for which the operator failed to file a
well log.
SECTION 9. Section 552.113(a), Government Code, is amended
to read as follows:
(a) Information is excepted from the requirements of
Section 552.021 if it is:
(1) a well [an electric] log confidential under
Subchapter M, Chapter 91, Natural Resources Code;
(2) geological or geophysical information or data,
including maps concerning wells, except information filed in
connection with an application or proceeding before an agency; or
(3) confidential under Subsections (c) through (f).
SECTION 10. Section 552.113(c)(2), Government Code, is
amended to read as follows:
(2) "Well [Basic electric] logs" has the same meaning
as it has in Chapter 91, Natural Resources Code.
SECTION 11. Sections 552.113(d), (e), and (f), Government
Code, are amended to read as follows:
(d) Confidential material, except well [basic electric]
logs, filed in the General Land Office on or after September 1,
1985, is public information and is available to the public under
Section 552.021 on and after the later of:
(1) five years from the filing date of the
confidential material; or
(2) one year from the expiration, termination, or
forfeiture of the lease in connection with which the confidential
material was filed.
(e) Well [Basic electric] logs filed in the General Land
Office on or after September 1, 1985, are either public information
or confidential material to the same extent and for the same periods
provided for the same logs by Chapter 91, Natural Resources Code. A
person may request that a well [basic electric] log that has been
filed in the General Land Office be made confidential by filing with
the land office a copy of the written request for confidentiality
made to the Railroad Commission of Texas for the same log.
(f) The following are public information:
(1) well [basic electric] logs filed in the General
Land Office before September 1, 1985; and
(2) confidential material, except well [basic
electric] logs, filed in the General Land Office before September
1, 1985, provided, that Subsection (d) governs the disclosure of
that confidential material filed in connection with a lease that is
a valid and subsisting lease on September 1, 1995.
SECTION 12. Sections 91.553(c), (d), and (e), Natural
Resources Code, are repealed.
SECTION 13. The changes in law made by this Act apply only
to a drilling operation that is completed on or after the effective
date of this Act. A drilling operation that is completed before the
effective date of this Act is subject to the law in effect on the
date of completion, and that law is continued in effect for that
purpose.
SECTION 14. This Act takes effect September 1, 2013.