88R3387 ANG-F
By: Ashby H.B. No. 3309
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the issuance by the Railroad
Commission of Texas of a permit for certain commercial surface
disposal facilities.
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. PROHIBITION ON PERMIT FOR COMMERCIAL SURFACE
DISPOSAL FACILITY IF ALTERNATIVE EXISTS. (a) In this section,
"commercial surface disposal facility" has the meaning assigned by
Section 91.116.
(b) The commission may not approve an application for a
permit for a commercial surface disposal facility unless the
commission determines the facility is necessary after considering
whether a practical, economic, and feasible alternative to the
facility exists that is reasonably available to provide disposal of
the types of fluids and waste for which the permit is sought.
SECTION 2. The change in law made by this Act applies only
to an application for a permit that is filed with the Railroad
Commission of Texas on or after the effective date of this Act. An
application for a permit filed before the effective date of this Act
is governed by the law in effect on the date of filing, and that law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.