H.B. No. 3246
AN ACT
relating to the treatment and recycling for beneficial use of
certain waste arising out of or incidental to the drilling for or
production of oil or gas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 122.002, Natural Resources Code, is
amended to read as follows:
Sec. 122.002. OWNERSHIP OF FLUID OIL AND GAS WASTE
TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless
otherwise expressly provided by an oil or gas lease, a surface use
agreement, a contract, a bill of sale, or another [other] legally
binding document:
(1) when fluid oil and gas waste is produced and used
by or transferred to a person who takes possession of that waste for
the purpose of treating the waste for a subsequent beneficial use,
the waste [transferred material] is considered to be the property
of the person who takes possession of it for the purpose of treating
the waste for subsequent beneficial use until the person transfers
the waste or treated waste to another person for disposal or use;
and
(2) when a person who takes possession of fluid oil and
gas waste for the purpose of treating the waste for a subsequent
beneficial use transfers possession of the treated product or any
treatment byproduct to another person for the purpose of subsequent
disposal or beneficial use, the transferred product or byproduct is
considered to be the property of the person to whom the material is
transferred.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3246 was passed by the House on April
16, 2019, by the following vote: Yeas 137, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3246 was passed by the Senate on May
10, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor