Texas 2013 - 83rd Regular

Texas House Bill HB878 Compare Versions

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1	1	By: Crownover, Keffer (Senate Sponsor - Estes) H.B. No. 878
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 24, 2013, read first time and referred to Committee on
4	4	Natural Resources; May 8, 2013, reported favorably by the
5	5	following vote: Yeas 10, Nays 0; May 8, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the filing with the state of electric logs by operators
11	11	of oil-related or gas-related wells; providing a penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 91.552, Natural Resources Code, is
14	14	amended to read as follows:
15	15	Sec. 91.552. ELECTRIC LOGS REQUIRED TO BE FILED; CRITERIA.
16	16	(a) Except as otherwise provided by this subchapter, not later than
17	17	the 90th day after the date a drilling operation is completed, the
18	18	operator shall file with the commission a copy of each electric log,
19	19	including each borehole section of the log at all depths, [a basic
20	20	electric log] run after September 1, 2013 [September 1, 1985], in
21	21	conjunction with the drilling or deepening of the well that meets
22	22	basic criteria established by the commission. Each electric log
23	23	must be filed with the commission electronically in a manner
24	24	acceptable to the commission if the commission has the
25	25	technological capability to receive the electronic filing.
26	26	(b) The commission by rule shall establish criteria for
27	27	[basic] electric logs to be filed with the commission.
28	28	(c) Not later than the deadline prescribed by Subsection (a)
29	29	for the filing of each electric log, an operator shall file with the
30	30	commission a copy of a cased hole log run after September 1, 2013,
31	31	in conjunction with the drilling or deepening of a well in lieu of
32	32	an electric log run after that date if:
33	33	(1) a cased hole log was run; and
34	34	(2) an electric log was not run.
35	35	(d) Nothing in this subchapter requires an operator to run
36	36	an electric log in conjunction with the drilling or deepening of a
37	37	well.
38	38	SECTION 2. Sections 91.553(b), (e), and (f), Natural
39	39	Resources Code, are amended to read as follows:
40	40	(b) Not later than the date by which an electric log is
41	41	required to be filed with the commission under Section 91.552, the
42	42	operator may file a written request with the commission asking that
43	43	the electric log remain confidential and not be made available as
44	44	public information. On filing this request, the electric log or
45	45	copy of the electric log required to be filed with the commission
46	46	may be retained by the operator, and the electric log may remain in
47	47	the possession of the operator for the period of confidentiality
48	48	[and any extensions of that period]. On filing of the request for
49	49	confidentiality, the electric log becomes confidential and remains
50	50	confidential for a period of:
51	51	(1) three years [one year] after the date that the
52	52	drilling operation was completed, if the well is an onshore well; or
53	53	(2) five years after the date that the drilling
54	54	operation was completed, if the well is a bay or offshore well.
55	55	(e) An operator required to file an electric log under this
56	56	section who has held the log during a period of confidentiality [or
57	57	any extensions of that period] shall file the log with the
58	58	commission within 30 days after the conclusion of the period of
59	59	confidentiality [or the period of the last extension].
60	60	(f) An operator who fails to timely file with the commission
61	61	a written request under Subsection (b) that an electric log remain
62	62	confidential and not be made available as public information [or a
63	63	written request under Subsection (c) or (d) for an extension of the
64	64	period of confidentiality] shall file the log with the commission
65	65	immediately after the conclusion of the period for filing the
66	66	request.
67	67	SECTION 3. Section 91.556, Natural Resources Code, is
68	68	amended to read as follows:
69	69	Sec. 91.556. ENFORCEMENT [DENIAL OF ALLOWABLE]. If an
70	70	operator fails to file an electric log as required by this
71	71	subchapter, the commission may:
72	72	(1) if the well is completed as a producing well,
73	73	refuse to assign an allowable or a change in allowable for
74	74	production from the well for which the electric log is required
75	75	until the operator files the electric log with the commission; or
76	76	(2) impose an administrative penalty on the operator
77	77	in the manner provided by Sections 81.0531-81.0534 for each well
78	78	for which the operator failed to file an electric log.
79	79	SECTION 4. Section 552.113(c)(2), Government Code, is
80	80	amended to read as follows:
81	81	(2) "Electric [Basic electric] logs" has the same
82	82	meaning as it has in Chapter 91, Natural Resources Code.
83	83	SECTION 5. Sections 552.113(d), (e), and (f), Government
84	84	Code, are amended to read as follows:
85	85	(d) Confidential material, except [basic] electric logs,
86	86	filed in the General Land Office on or after September 1, 1985, is
87	87	public information and is available to the public under Section
88	88	552.021 on and after the later of:
89	89	(1) five years from the filing date of the
90	90	confidential material; or
91	91	(2) one year from the expiration, termination, or
92	92	forfeiture of the lease in connection with which the confidential
93	93	material was filed.
94	94	(e) Electric [Basic electric] logs filed in the General Land
95	95	Office on or after September 1, 1985, are either public information
96	96	or confidential material to the same extent and for the same periods
97	97	provided for the same logs by Chapter 91, Natural Resources Code. A
98	98	person may request that an [a basic] electric log that has been
99	99	filed in the General Land Office be made confidential by filing with
100	100	the land office a copy of the written request for confidentiality
101	101	made to the Railroad Commission of Texas for the same log.
102	102	(f) The following are public information:
103	103	(1) [basic] electric logs filed in the General Land
104	104	Office before September 1, 1985; and
105	105	(2) confidential material, except [basic] electric
106	106	logs, filed in the General Land Office before September 1, 1985,
107	107	provided, that Subsection (d) governs the disclosure of that
108	108	confidential material filed in connection with a lease that is a
109	109	valid and subsisting lease on September 1, 1995.
110	110	SECTION 6. Sections 91.553(c) and (d), Natural Resources
111	111	Code, are repealed.
112	112	SECTION 7. The changes in law made by this Act apply only to
113	113	a drilling operation that is completed on or after the effective
114	114	date of this Act. A drilling operation that is completed before the
115	115	effective date of this Act is subject to the law in effect on the
116	116	date of completion, and that law is continued in effect for that
117	117	purpose.
118	118	SECTION 8. This Act takes effect September 1, 2013.
119	119	* * * * *