Texas 2021 - 87th Regular

Texas Senate Bill SB601 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 601
	1	+	87R18357 SLB-D
	2	+	By: Perry, et al. S.B. No. 601
	3	+	(Burrows)
	4	+	Substitute the following for S.B. No. 601: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation and activities of the Texas Produced Water
6	10		Consortium.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Chapter 109, Education Code, is amended by
9	13		adding Subchapter E to read as follows:
10	14		SUBCHAPTER E. TEXAS PRODUCED WATER CONSORTIUM
11	15		Sec. 109.201. DEFINITIONS. In this subchapter:
12	16		(1) "Agency advisory council" means the agency
13	17		advisory council created under Section 109.202.
14	18		(2) "Consortium" means the Texas Produced Water
15	19		Consortium.
16	20		(3) "Fluid oil and gas waste" has the meaning assigned
17	21		by Section 122.001, Natural Resources Code.
18	22		(4) "Host university" means Texas Tech University.
19	23		(5) "Private entity" means an individual,
20	24		corporation, or nonprofit corporation.
21	25		(6) "Stakeholder advisory council" means the
22	26		stakeholder advisory council created under Section 109.202.
23	27		(7) "Technical and economic steering committee" means
24	28		the technical and economic steering committee created under Section
25	29		109.202.
26	30		Sec. 109.202. TEXAS PRODUCED WATER CONSORTIUM. The Texas
27	31		Produced Water Consortium is a consortium consisting of the host
28	32		university, the agency advisory council, the stakeholder advisory
29	33		council, the technical and economic steering committee, and private
30	34		entities. The consortium is created to bring together information
31	35		resources to study the economics of and technology related to, and
32	36		the environmental and public health considerations for, beneficial
33	37		uses of fluid oil and gas waste.
34	38		Sec. 109.203. ADMINISTRATION. (a) The agency advisory
35	39		council is composed of representatives of the:
36	40		(1) Department of Agriculture;
37	41		(2) General Land Office;
38	42		(3) Parks and Wildlife Department;
39	43		(4) Railroad Commission of Texas;
40	44		(5) State Energy Conservation Office;
41	45		(6) Texas Commission on Environmental Quality;
42	46		(7) Texas Economic Development and Tourism Office
43	47		within the office of the governor; and
44	48		(8) Texas Water Development Board.
45	49		(b) Each entity described by Subsection (a) shall select a
46	50		representative to serve on the agency advisory council.
47	51		(c) The agency advisory council shall meet as often as
48	52		necessary to ensure the consortium meets the requirements of this
49	53		subchapter.
50	54		(d) The agency advisory council shall advise the consortium
51	55		on matters related to the subject matter expertise of the agencies
52	56		represented, including matters related to the regulation and
53	57		permitting of and treatment standards for fluid oil and gas waste.
54	58		Treatment standards may include a fit for purpose requirement and
55	59		regulations necessary for the protection of public health and the
56	60		environment.
57	61		(e) The stakeholder advisory council is composed of
58	62		representatives of:
59	63		(1) the oil and gas industry;
60	64		(2) agricultural water users;
61	65		(3) industrial water users;
62	66		(4) environmental interests;
63	67		(5) fluid oil and gas waste recycling operators;
64	68		(6) public water utilities;
65	69		(7) landowners or owners of groundwater rights;
66	70		(8) commercial water recyclers and midstream water
67	71		companies; and
68	72		(9) other appropriate interests or industries.
69	73		(f) The host university shall appoint members to the
70	74		stakeholder advisory council from members of the consortium. If no
71	75		member of the consortium represents an interest or industry
72	76		described by Subsection (e), the host university may appoint a
73	77		person to represent the interest or industry from outside the
74	78		consortium.
75	79		(g) The stakeholder advisory council shall advise the
76	80		consortium on matters related to research, investigation, and
77	81		contract development.
78	82		(h) The technical and economic steering committee is
79	83		composed of members appointed by the host university to provide
80	84		technical, economic, and scientific expertise. The technical and
81	85		economic steering committee shall determine the feasibility of
82	86		proposals for research or investigation by the consortium and
83	87		decide which proposals the consortium will accept for research or
84	88		investigation.
85	89		Sec. 109.204. DUTIES. (a) The consortium shall study the
86	90		economic, environmental, and public health considerations of
87	91		beneficial uses of fluid oil and gas waste and technology needed for
88	92		those uses. After October 1, 2022:
89	93		(1) the research and investigation goals of the
90	94		consortium shall be directed by the members of the consortium; and
91	95		(2) the host university may disband the consortium if
92	96		the host university determines that the consortium does not have
93	97		sufficient membership.
94	98		(a-1) This subsection expires October 1, 2022. Not later
95	99		than September 1, 2022, the consortium shall produce a report that
96	100		includes:
97	101		(1) suggested changes to laws and administrative rules
98	102		to better enable beneficial uses of fluid oil and gas waste,
99	103		including specific changes designed to find and define beneficial
100	104		uses for fluid oil and gas waste outside of the oil and gas
101	105		industry;
102	106		(2) suggested guidance for establishing fluid oil and
103	107		gas waste permitting and testing standards;
104	108		(3) a technologically and economically feasible pilot
105	109		project for state participation in a facility designed and operated
106	110		to recycle fluid oil and gas waste; and
107	111		(4) an economic model for using fluid oil and gas waste
108	112		in a way that is economical and efficient and that protects public
109	113		health and the environment.
110	114		(b) The host university shall:
111	115		(1) provide staff and other resources necessary for
112	116		the consortium to meet the requirements of this subchapter;
113	117		(2) consult with the New Mexico Produced Water
114	118		Research Consortium and that consortium's Government Advisory
115	119		Board on research, data, and any other matter related to the
116	120		consortium; and
117	121		(3) solicit participation from:
118	122		(A) the oil and gas industry;
119	123		(B) agricultural water users;
120	124		(C) industrial water users;
121	125		(D) environmental interests;
122	126		(E) fluid oil and gas waste recycling operators;
123	127		(F) commercial water recyclers and midstream
124	128		water companies;
125	129		(G) landowners;
126	130		(H) owners of groundwater rights;
127	131		(I) public water utilities; and
128	132		(J) river authorities subject to Section
129	133		325.025, Government Code.
130	134		(c) The host university shall coordinate with other members
131	135		of the state university system and state agencies to provide
132	136		resources necessary for the consortium to meet the requirements of
133	137		this subchapter.
134	138		Sec. 109.205. FUNDING. (a) The agency advisory council and
135	139		the host university shall collaborate to create a fee structure
136	140		that establishes membership costs at various levels for private
137	141		entities that may contribute money to the consortium for research
138	142		and investigation. Membership costs may include contributions of
139	143		equipment or other resources in lieu of money.
140	144		(b) Money paid by private entities as membership costs may
141	145		be used only for research and investigation conducted by the
142	146		consortium.
143	147		(c) Except for state money appropriated to the host
144	148		university for use in meeting the requirements of Section
145	149		109.204(a-1) and resources provided by the host university and
146	150		other state university system entities or state agencies, the
147	151		consortium may not receive state money.
148	152		(d) The consortium may accept gifts and grants of money,
149	153		equipment, or other resources necessary to accomplish its duties
150	154		under this subchapter.
151	155		Sec. 109.206. ACCESS TO DATA. (a) In exchange for
152	156		membership in the consortium, a private entity may receive access
153	157		to data produced as a result of investigation by the consortium in
154	158		an amount proportionate to the entity's level of membership.
155	159		(b) A private entity's access to the consortium's
156	160		investigation data must be governed by a membership contract
157	161		between the host university and the entity that describes the data
158	162		to be released to the private entity.
159	163		(c) The consortium shall make information about the work of
160	164		the consortium available to the public on an Internet website
161	165		maintained by the host university. Information made available
162	166		under this subsection may not be privileged, proprietary, or
163	167		confidential.
164	168		SECTION 2. (a) Not later than October 1, 2021, each state
165	169		agency described by Section 109.203(a), Education Code, as added by
166	170		this Act, shall select a representative to serve on the agency
167	171		advisory council of the Texas Produced Water Consortium, as
168	172		required by Section 109.203(b), Education Code, as added by this
169	173		Act.
170	174		(b) Not later than September 1, 2022, the Texas Produced
171	175		Water Consortium shall deliver the report required by Section
172	176		109.204(a-1), Education Code, as added by this Act.
173	177		(c) Not later than September 1, 2022, the Texas Produced
174	178		Water Consortium shall create a pilot project required by Section
175	179		109.204(a-1)(3), Education Code, as added by this Act.
176	180		SECTION 3. The Texas Produced Water Consortium, as created
177	181		by Subchapter E, Chapter 109, Education Code, as added by this Act,
178	182		is required to implement a provision of this Act only if the
179	183		legislature appropriates money specifically for that purpose. If
180	184		the legislature does not appropriate money specifically for that
181	185		purpose, the consortium may, but is not required to, implement a
182	186		provision of this Act using other appropriations available for that
183	187		purpose.
184	188		SECTION 4. This Act takes effect immediately if it receives
185	189		a vote of two-thirds of all the members elected to each house, as
186	190		provided by Section 39, Article III, Texas Constitution. If this
187	191		Act does not receive the vote necessary for immediate effect, this
188	192		Act takes effect September 1, 2021.
189		-	______________________________ ______________________________
190		-	President of the Senate Speaker of the House
191		-	I hereby certify that S.B. No. 601 passed the Senate on
192		-	March 30, 2021, by the following vote: Yeas 30, Nays 1;
193		-	May 25, 2021, Senate refused to concur in House amendments and
194		-	requested appointment of Conference Committee; May 27, 2021, House
195		-	granted request of the Senate; May 29, 2021, Senate adopted
196		-	Conference Committee Report by the following vote: Yeas 30,
197		-	Nays 1.
198		-	______________________________
199		-	Secretary of the Senate
200		-	I hereby certify that S.B. No. 601 passed the House, with
201		-	amendments, on May 18, 2021, by the following vote: Yeas 143,
202		-	Nays 0, one present not voting; May 27, 2021, House granted request
203		-	of the Senate for appointment of Conference Committee;
204		-	May 29, 2021, House adopted Conference Committee Report by the
205		-	following vote: Yeas 132, Nays 5, one present not voting.
206		-	______________________________
207		-	Chief Clerk of the House
208		-	Approved:
209		-	______________________________
210		-	Date
211		-	______________________________
212		-	Governor