Texas 2021 - 87th Regular

Texas House Bill HB3039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R16758 JAM-D
2	2		By: Ellzey H.B. No. 3039
	3	+	Substitute the following for H.B. No. 3039:
	4	+	By: King of Uvalde C.S.H.B. No. 3039
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the electronic transmission of certain notices provided
8	10		by the Railroad Commission of Texas.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 89.043(c), Natural Resources Code, is
11	13		amended to read as follows:
12	14		(c) Not later than the 30th day before the date the
13	15		commission enters into a contract to plug a delinquent inactive
14	16		well, the commission shall send a notice by certified mail or as an
15	17		electronic record to the operator of the well at the address last
16	18		reported to the commission as required by Section 91.142 and
17	19		commission rules. The notice shall direct the operator to plug the
18	20		well and shall state that:
19	21		(1) the commission may plug the well and foreclose its
20	22		statutory lien under Section 89.083 unless the operator requests a
21	23		hearing not later than the 10th day after the date the operator
22	24		receives the notice;
23	25		(2) if the commission forecloses its statutory lien
24	26		under Section 89.083, all well-site equipment will be presumed to
25	27		have been abandoned and the commission may dispose of the equipment
26	28		and hydrocarbons from the well as provided by Section 89.085;
27	29		(3) if the commission plugs the well, the commission:
28	30		(A) by order may require the operator to
29	31		reimburse the commission for the plugging costs; or
30	32		(B) may request the attorney general to file suit
31	33		against the operator to recover those costs;
32	34		(4) the commission has a statutory lien on all
33	35		well-site equipment under Section 89.083; and
34	36		(5) the lien described by Subdivision (4) is
35	37		foreclosed by operation of law if the commission does not receive a
36	38		valid and timely request for a hearing before the 15th day after the
37	39		date the notice is mailed.
38	40		SECTION 2. Section 89.085(f), Natural Resources Code, is
39	41		amended to read as follows:
40	42		(f) Not later than the 30th day after the date well-site
41	43		equipment or hydrocarbons are disposed of under this section, the
42	44		commission shall mail a notice by first class mail or send a notice
43	45		as an electronic record to the operator of the well at the address
44	46		last reported to the commission as required by Section 91.142 of
45	47		this code and commission rules and, on request, to any lienholder or
46	48		nonoperator.
47	49		SECTION 3. Section 91.704, Natural Resources Code, is
48	50		amended to read as follows:
49	51		Sec. 91.704. CANCELLATION OF CERTIFICATE. (a) The
50	52		commission may cancel any certificate of compliance issued under
51	53		the provisions of this subchapter if it appears that the owner or
52	54		operator of a well covered by the provisions of the certificate, in
53	55		the operation of the well or the production of oil or gas from the
54	56		well, has violated or is violating this title, Section 26.131,
55	57		Water Code, or Subchapter C, Chapter 27, Water Code, a rule adopted
56	58		or order issued under that title, section, or subchapter, as
57	59		applicable, or a license, permit, or certificate issued to the
58	60		owner or operator under that title, section, or subchapter, as
59	61		applicable.
60	62		(b) Before canceling a certificate of compliance, the
61	63		commission shall give notice to the owner or operator [by personal
62	64		service or by registered or certified mail] of the facts or conduct
63	65		alleged to warrant the cancellation and shall give the owner or
64	66		operator an opportunity to show compliance with all requirements of
65	67		law for retention of the certificate as required by Section
66	68		2001.054, Government Code.
67	69		(c) The commission may provide that the notice under
68	70		Subsection (b) be:
69	71		(1) delivered by personal service;
70	72		(2) sent by registered or certified mail; or
71	73		(3) sent as an electronic record.
72	74		SECTION 4. Section 131.213, Natural Resources Code, is
73	75		amended to read as follows:
74	76		Sec. 131.213. NOTICE OF RELEASE TO LOCAL GOVERNMENTAL
75	77		AGENCY. Within 30 days after an application for total or partial
76	78		bond or deposit release is filed with the commission, the
77	79		commission shall notify the local governmental agency in which the
78	80		surface mining operation is located by certified mail or electronic
79	81		record.
80	82		SECTION 5. Section 133.048(d), Natural Resources Code, is
81	83		amended to read as follows:
82	84		(d) Any notices required under Subsections (b) and (c) of
83	85		this section must be [mailed to the applicant certified mail,
84	86		postage prepaid, return receipt requested], not later than the
85	87		fifth day after the day on which the commission approves or
86	88		disapproves the application, either:
87	89		(1) mailed to the applicant by certified mail, postage
88	90		prepaid, return receipt requested; or
89	91		(2) sent as an electronic record.
90	92		SECTION 6. This Act takes effect September 1, 2021.