By: Crownover, Keffer (Senate Sponsor - Estes) H.B. No. 878
(In the Senate - Received from the House April 22, 2013;
April 24, 2013, read first time and referred to Committee on
Natural Resources; May 8, 2013, reported favorably by the
following vote: Yeas 10, Nays 0; May 8, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the filing with the state of electric 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. Section 91.552, Natural Resources Code, is
amended to read as follows:
Sec. 91.552. 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 electric 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 electric 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
[basic] electric logs to be filed with the commission.
(c) Not later than the deadline prescribed by Subsection (a)
for the filing of each electric 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
an electric log run after that date if:
(1) a cased hole log was run; and
(2) an electric log was not run.
(d) Nothing in this subchapter requires an operator to run
an electric log in conjunction with the drilling or deepening of a
well.
SECTION 2. Sections 91.553(b), (e), and (f), Natural
Resources Code, are amended to read as follows:
(b) Not later than the date by which 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 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 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.
(e) An operator required to file an electric log under this
section who has held the log during a period of confidentiality [or
any extensions of that period] shall file the log with the
commission within 30 days after the conclusion of the period of
confidentiality [or the period of the last extension].
(f) An operator who fails to timely file with the commission
a written request under Subsection (b) that 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 3. 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 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 electric log with the commission; or
(2) impose an administrative penalty on the operator
in the manner provided by Sections 81.0531-81.0534 for each well
for which the operator failed to file an electric log.
SECTION 4. Section 552.113(c)(2), Government Code, is
amended to read as follows:
(2) "Electric [Basic electric] logs" has the same
meaning as it has in Chapter 91, Natural Resources Code.
SECTION 5. Sections 552.113(d), (e), and (f), Government
Code, are amended to read as follows:
(d) Confidential material, except [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) Electric [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 an [a 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) [basic] electric logs filed in the General Land
Office before September 1, 1985; and
(2) confidential material, except [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 6. Sections 91.553(c) and (d), Natural Resources
Code, are repealed.
SECTION 7. 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 8. This Act takes effect September 1, 2013.
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