| 1 | 1 | | 88R3020 JAM-F |
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| 2 | 2 | | By: Turner H.B. No. 1194 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement of a public hearing on certain |
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| 8 | 8 | | applications for a permit to drill an oil or gas well. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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| 11 | 11 | | Code, is amended by adding Section 91.118 to read as follows: |
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| 12 | 12 | | Sec. 91.118. PUBLIC HEARING ON CERTAIN DRILLING PERMIT |
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| 13 | 13 | | APPLICATIONS. (a) In this section: |
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| 14 | 14 | | (1) "Child-care facility" has the meaning assigned by |
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| 15 | 15 | | Section 42.002, Human Resources Code. |
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| 16 | 16 | | (2) "Private school" means a private school, including |
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| 17 | 17 | | a parochial school, that: |
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| 18 | 18 | | (A) offers a course of instruction for students |
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| 19 | 19 | | in one or more grades from kindergarten through grade 12; and |
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| 20 | 20 | | (B) has more than 100 students enrolled and |
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| 21 | 21 | | attending courses at a single location. |
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| 22 | 22 | | (b) The commission by rule shall require an applicant for a |
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| 23 | 23 | | permit to drill a new oil or gas well to indicate on the application |
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| 24 | 24 | | whether the proposed well site is located within 1,500 feet of the |
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| 25 | 25 | | property line of a child-care facility, private school, primary or |
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| 26 | 26 | | secondary public school, or facility that is owned by a school |
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| 27 | 27 | | district and used by students enrolled in that district. |
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| 28 | 28 | | (c) The commission may not grant an application for a permit |
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| 29 | 29 | | to drill a new oil or gas well if the proposed well site is located |
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| 30 | 30 | | within 1,500 feet of the property line of a child-care facility, |
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| 31 | 31 | | private school, primary or secondary public school, or facility |
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| 32 | 32 | | that is owned by a school district and used by students enrolled in |
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| 33 | 33 | | that district unless: |
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| 34 | 34 | | (1) the commission holds a public hearing in the |
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| 35 | 35 | | county in which the proposed well site is located to receive public |
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| 36 | 36 | | comments on whether granting the permit application is in the |
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| 37 | 37 | | public interest; and |
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| 38 | 38 | | (2) the commission considers the comments received |
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| 39 | 39 | | when determining whether to grant the application. |
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| 40 | 40 | | (d) This section does not affect the authority of a |
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| 41 | 41 | | political subdivision to enact, amend, or enforce an ordinance or |
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| 42 | 42 | | other measure related to the drilling of new oil or gas wells. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to a permit application submitted to the Railroad Commission of |
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| 45 | 45 | | Texas on or after the effective date of the rules adopted under |
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| 46 | 46 | | Section 91.118, Natural Resources Code, as added by this Act. A |
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| 47 | 47 | | permit application submitted before the effective date of the rules |
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| 48 | 48 | | adopted under Section 91.118, Natural Resources Code, as added by |
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| 49 | 49 | | this Act, is governed by the law in effect when the permit |
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| 50 | 50 | | application was submitted, and the former law is continued in |
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| 51 | 51 | | effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2023. |
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