Texas 2015 - 84th Regular

Texas House Bill HB1331 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King of Parker, Villalba H.B. No. 1331
2		-	(Senate Sponsor - Fraser)
3		-	(In the Senate - Received from the House April 27, 2015;
4		-	May 4, 2015, read first time and referred to Committee on Natural
5		-	Resources and Economic Development; May 13, 2015, reported
6		-	favorably by the following vote: Yeas 10, Nays 0; May 13, 2015,
7		-	sent to printer.)
8		-	Click here to see the committee vote
	1	+	H.B. No. 1331
9	2
10	3
11		-	COMMITTEE VOTE
12		-	YeaNayAbsentPNV
13		-	FraserX
14		-	EstesX
15		-	BirdwellX
16		-	HallX
17		-	HancockX
18		-	HinojosaX
19		-	LucioX
20		-	NicholsX
21		-	SeligerX
22		-	UrestiX
23		-	ZaffiriniX
24		-	A BILL TO BE ENTITLED
25	4		AN ACT
26	5		relating to the treatment and recycling for beneficial use of
27	6		certain waste arising out of or incidental to the drilling for or
28	7		production of oil or gas.
29	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
30	9		SECTION 1. The heading to Chapter 122, Natural Resources
31	10		Code, is amended to read as follows:
32	11		CHAPTER 122. TREATMENT AND RECYCLING FOR BENEFICIAL USE OF FLUID
33	12		[CERTAIN] OIL AND GAS WASTE
34	13		SECTION 2. The heading to Section 122.002, Natural
35	14		Resources Code, is amended to read as follows:
36	15		Sec. 122.002. OWNERSHIP OF FLUID [CERTAIN] OIL AND GAS
37	16		WASTE TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE.
38	17		SECTION 3. Subtitle D, Title 3, Natural Resources Code, is
39	18		amended by adding Chapter 123 to read as follows:
40	19		CHAPTER 123. TREATMENT AND RECYCLING FOR BENEFICIAL USE OF DRILL
41	20		CUTTINGS
42	21		Sec. 123.001. DEFINITIONS. In this chapter:
43	22		(1) "Commission" means the Railroad Commission of
44	23		Texas.
45	24		(2) "Drill cuttings" means bits of rock or soil cut
46	25		from a subsurface formation by a drill bit during the process of
47	26		drilling an oil or gas well and lifted to the surface by means of the
48	27		circulation of drilling mud.
49	28		(3) "Permit holder" means a person who holds a permit
50	29		from the commission to operate a stationary commercial solid oil
51	30		and gas waste recycling facility.
52	31		Sec. 123.002. OWNERSHIP OF DRILL CUTTINGS TRANSFERRED FOR
53	32		TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless otherwise
54	33		expressly provided by a contract, bill of sale, or other legally
55	34		binding document:
56	35		(1) when drill cuttings are transferred to a permit
57	36		holder who takes possession of the cuttings for the purpose of
58	37		treating the cuttings for a subsequent beneficial use, the
59	38		transferred material is considered to be the property of the permit
60	39		holder until the permit holder transfers the cuttings or treated
61	40		cuttings to another person for disposal or use; and
62	41		(2) when a permit holder who takes possession of drill
63	42		cuttings for the purpose of treating the cuttings for a subsequent
64	43		beneficial use transfers possession of the treated product or any
65	44		treatment byproduct to another person for the purpose of subsequent
66	45		disposal or beneficial use, the transferred product or byproduct is
67	46		considered to be the property of the person to whom the material is
68	47		transferred.
69	48		Sec. 123.003. RESPONSIBILITY IN TORT. A person who
70	49		generates drill cuttings and transfers the drill cuttings to a
71	50		permit holder with the contractual understanding that the drill
72	51		cuttings will be used in connection with road building or another
73	52		beneficial use is not liable in tort for a consequence of the
74	53		subsequent use of the drill cuttings by the permit holder or by
75	54		another person.
76	55		Sec. 123.004. PERMIT COPY REQUIRED. A permit holder who
77	56		takes possession of drill cuttings from the person who generated
78	57		the drill cuttings shall provide to the generator a copy of the
79	58		holder's permit.
80	59		Sec. 123.005. COMMISSION RULES FOR TREATMENT AND BENEFICIAL
81	60		USE. The commission shall adopt rules to govern the treatment and
82	61		beneficial use of drill cuttings.
83	62		SECTION 4. This Act takes effect September 1, 2015.
84		-	* * * * *
	63	+	______________________________ ______________________________
	64	+	President of the Senate Speaker of the House
	65	+	I certify that H.B. No. 1331 was passed by the House on April
	66	+	23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	67	+	voting.
	68	+	______________________________
	69	+	Chief Clerk of the House
	70	+	I certify that H.B. No. 1331 was passed by the Senate on May
	71	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	72	+	______________________________
	73	+	Secretary of the Senate
	74	+	APPROVED: _____________________
	75	+	Date
	76	+	_____________________
	77	+	Governor