Texas 2021 - 87th Regular

Texas Senate Bill SB1006 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7208 JAM-D
2	2	By: Hinojosa S.B. No. 1006
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic transmission of certain notices proved
8	8	by the Railroad Commission of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 89.043(c), Natural Resources Code, is
11	11	amended to read as follows:
12	12	(c) Not later than the 30th day before the date the
13	13	commission enters into a contract to plug a delinquent inactive
14	14	well, the commission shall send a notice by certified mail or as an
15	15	electronic record to the operator of the well at the address last
16	16	reported to the commission as required by Section 91.142 and
17	17	commission rules. The notice shall direct the operator to plug the
18	18	well and shall state that:
19	19	(1) the commission may plug the well and foreclose its
20	20	statutory lien under Section 89.083 unless the operator requests a
21	21	hearing not later than the 10th day after the date the operator
22	22	receives the notice;
23	23	(2) if the commission forecloses its statutory lien
24	24	under Section 89.083, all well-site equipment will be presumed to
25	25	have been abandoned and the commission may dispose of the equipment
26	26	and hydrocarbons from the well as provided by Section 89.085;
27	27	(3) if the commission plugs the well, the commission:
28	28	(A) by order may require the operator to
29	29	reimburse the commission for the plugging costs; or
30	30	(B) may request the attorney general to file suit
31	31	against the operator to recover those costs;
32	32	(4) the commission has a statutory lien on all
33	33	well-site equipment under Section 89.083; and
34	34	(5) the lien described by Subdivision (4) is
35	35	foreclosed by operation of law if the commission does not receive a
36	36	valid and timely request for a hearing before the 15th day after the
37	37	date the notice is mailed.
38	38	SECTION 2. Section 89.085(f), Natural Resources Code, is
39	39	amended to read as follows:
40	40	(f) Not later than the 30th day after the date well-site
41	41	equipment or hydrocarbons are disposed of under this section, the
42	42	commission shall mail a notice by first class mail or send a notice
43	43	as an electronic record to the operator of the well at the address
44	44	last reported to the commission as required by Section 91.142 of
45	45	this code and commission rules and, on request, to any lienholder or
46	46	nonoperator.
47	47	SECTION 3. Section 91.704, Natural Resources Code, is
48	48	amended to read as follows:
49	49	Sec. 91.704. CANCELLATION OF CERTIFICATE. (a) The
50	50	commission may cancel any certificate of compliance issued under
51	51	the provisions of this subchapter if it appears that the owner or
52	52	operator of a well covered by the provisions of the certificate, in
53	53	the operation of the well or the production of oil or gas from the
54	54	well, has violated or is violating this title, Section 26.131,
55	55	Water Code, or Subchapter C, Chapter 27, Water Code, a rule adopted
56	56	or order issued under that title, section, or subchapter, as
57	57	applicable, or a license, permit, or certificate issued to the
58	58	owner or operator under that title, section, or subchapter, as
59	59	applicable.
60	60	(b) Before canceling a certificate of compliance, the
61	61	commission shall give notice to the owner or operator [by personal
62	62	service or by registered or certified mail] of the facts or conduct
63	63	alleged to warrant the cancellation and shall give the owner or
64	64	operator an opportunity to show compliance with all requirements of
65	65	law for retention of the certificate as required by Section
66	66	2001.054, Government Code.
67	67	(c) The commission may provide that the notice under
68	68	Subsection (b) be:
69	69	(1) delivered by personal service;
70	70	(2) sent by registered or certified mail; or
71	71	(3) sent as an electronic record.
72	72	SECTION 4. Section 131.213, Natural Resources Code, is
73	73	amended to read as follows:
74	74	Sec. 131.213. NOTICE OF RELEASE TO LOCAL GOVERNMENTAL
75	75	AGENCY. Within 30 days after an application for total or partial
76	76	bond or deposit release is filed with the commission, the
77	77	commission shall notify the local governmental agency in which the
78	78	surface mining operation is located by certified mail or electronic
79	79	record.
80	80	SECTION 5. Section 133.048(d), Natural Resources Code, is
81	81	amended to read as follows:
82	82	(d) Any notices required under Subsections (b) and (c) of
83	83	this section must be [mailed to the applicant certified mail,
84	84	postage prepaid, return receipt requested], not later than the
85	85	fifth day after the day on which the commission approves or
86	86	disapproves the application, either:
87	87	(1) mailed to the applicant by certified mail, postage
88	88	prepaid, return receipt requested; or
89	89	(2) sent as an electronic record.
90	90	SECTION 6. This Act takes effect September 1, 2021.