87R11276 JAM-F
By: Turner of Tarrant H.B. No. 2814
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of a public hearing on certain
applications for a permit to drill an oil or gas well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 91, Natural Resources
Code, is amended by adding Section 91.118 to read as follows:
Sec. 91.118. PUBLIC HEARING ON CERTAIN DRILLING PERMIT
APPLICATIONS. (a) In this section:
(1) "Child-care facility" has the meaning assigned by
Section 42.002, Human Resources Code.
(2) "Private school" means a private school, including
a parochial school, that:
(A) offers a course of instruction for students
in one or more grades from kindergarten through grade 12; and
(B) has more than 100 students enrolled and
attending courses at a single location.
(b) The commission by rule shall require an applicant for a
permit to drill a new oil or gas well to indicate on the application
whether the proposed well site is located within 1,500 feet of the
property line of a child-care facility, private school, or primary
or secondary public school.
(c) The commission may not grant an application for a permit
to drill a new oil or gas well if the proposed well site is located
within 1,500 feet of the property line of a child-care facility,
private school, or primary or secondary public school unless:
(1) the commission holds a public hearing in the
county in which the proposed well site is located to receive public
comments on whether granting the permit application is in the
public interest; and
(2) the commission considers the comments received
when determining whether to grant the application.
(d) This section does not affect the authority of a
political subdivision to enact, amend, or enforce an ordinance or
other measure related to the drilling of new oil or gas wells.
SECTION 2. The change in law made by this Act applies only
to a permit application submitted to the Railroad Commission of
Texas on or after the effective date of the rules adopted under
Section 91.118, Natural Resources Code, as added by this Act. A
permit application submitted before the effective date of the rules
adopted under Section 91.118, Natural Resources Code, as added by
this Act, is governed by the law in effect when the permit
application was submitted, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.