85R1828 MEW-F
By: Raymond H.B. No. 891
A BILL TO BE ENTITLED
AN ACT
relating to creating an offense for certain unauthorized
transactions involving oil, gas, or condensate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 85, Natural Resources
Code, is amended by adding Section 85.390 to read as follows:
Sec. 85.390. TRANSACTION WITHOUT PERMIT, APPROVAL, OR
AUTHORIZATION. (a) A person commits an offense if:
(1) the person recklessly possesses, removes,
delivers, accepts, purchases, sells, or physically moves or
transports oil, gas, or condensate as part of a transaction for
which the commission requires a permit or commission approval or
authorization; and
(2) the commission has not issued, and does not have a
pending request for, a permit, approval, or authorization for that
transaction.
(b) It is an exception to the application of this section
that the actor is a pipeline operator or gatherer authorized to
operate by the commission.
(c) An offense under this section is a felony of the second
degree.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2017.