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| 3 | 5 | | |
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| 4 | 6 | | A BILL TO BE ENTITLED |
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| 5 | 7 | | AN ACT |
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| 6 | 8 | | relating to notice and hearing requirements for applications for |
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| 7 | 9 | | permits for certain commercial oil and gas waste disposal |
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| 8 | 10 | | facilities. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. The heading to Section 91.116, Natural Resources |
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| 11 | 13 | | Code, is amended to read as follows: |
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| 12 | 14 | | Sec. 91.116. NOTICE OF AND HEARING ON COMMERCIAL SURFACE |
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| 13 | 15 | | DISPOSAL FACILITY PERMIT APPLICATION. |
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| 14 | 16 | | SECTION 2. Section 91.116, Natural Resources Code, is |
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| 15 | 17 | | amended by amending Subsections (b) and (d) and adding Subsections |
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| 16 | 18 | | (e), (f), and (g) to read as follows: |
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| 17 | 19 | | (b) A person who files an application for a permit for a |
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| 18 | 20 | | commercial surface disposal facility shall provide [publish] |
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| 19 | 21 | | notice of the application in accordance with this section. |
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| 20 | 22 | | (d) The notice must be: |
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| 21 | 23 | | (1) published: |
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| 22 | 24 | | (A) [(1)] at least once each week for two |
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| 23 | 25 | | consecutive weeks with the first publication occurring not earlier |
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| 24 | 26 | | than the date the application is filed and not later than the 30th |
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| 25 | 27 | | day after the date on which the application is filed; and |
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| 26 | 28 | | (B) [(2)] in a newspaper of general circulation |
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| 27 | 29 | | in the county in which the proposed disposal would occur; and |
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| 28 | 30 | | (2) mailed, at the time of filing of the application |
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| 29 | 31 | | and on the commission's determination that the application is |
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| 30 | 32 | | administratively complete, to: |
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| 31 | 33 | | (A) each person who resides on or owns land |
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| 32 | 34 | | located within one kilometer of the proposed facility; and |
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| 33 | 35 | | (B) the governing body of each county, |
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| 34 | 36 | | municipality, and groundwater conservation district, if |
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| 35 | 37 | | applicable, located within five miles of the proposed facility. |
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| 36 | 38 | | (e) A person entitled to receive notice under Subsection (d) |
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| 37 | 39 | | is entitled to request a contested case hearing regarding an |
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| 38 | 40 | | application for a permit for a facility to which this section |
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| 39 | 41 | | applies. |
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| 40 | 42 | | (f) At a hearing regarding an application for a facility to |
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| 41 | 43 | | which this section applies, other than a contested case hearing, |
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| 42 | 44 | | the commission shall: |
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| 43 | 45 | | (1) allow participation by the public; and |
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| 44 | 46 | | (2) ensure that an employee of the commission is |
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| 45 | 47 | | present to respond to questions and concerns of the attendees of the |
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| 46 | 48 | | hearing. |
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| 47 | 49 | | (g) The commission shall provide an e-mail list service |
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| 48 | 50 | | through which a person may receive notice about applications for |
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| 49 | 51 | | permits for commercial surface disposal facilities. The list |
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| 50 | 52 | | service must allow a person to choose to receive notices about |
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| 51 | 53 | | facilities located only in certain commission oil and gas division |
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| 52 | 54 | | districts. |
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| 53 | 55 | | SECTION 3. Section 91.116, Natural Resources Code, as |
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| 54 | 56 | | amended by this Act, applies only to an application for a commercial |
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| 55 | 57 | | surface disposal facility permit that is filed with the Railroad |
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| 56 | 58 | | Commission of Texas on or after the effective date of this Act. An |
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| 57 | 59 | | application for a permit filed with the commission before the |
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| 58 | 60 | | effective date of this Act is governed by the law in effect on the |
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| 59 | 61 | | date of filing, and that law is continued in effect for that |
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| 60 | 62 | | purpose. |
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| 61 | 63 | | SECTION 4. This Act takes effect September 1, 2025. |
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