89R4130 CMO-F
By: Eckhardt S.B. No. 1216
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
permit the release into the air of natural gas from a gas well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.185, Natural Resources Code, is
amended to read as follows:
Sec. 86.185. PROHIBITION AGAINST GAS IN AIR. (a) No gas
from a gas well may be permitted to escape into the air after the
expiration of 10 days from the time the gas is encountered in the
gas well, or from the time of perforating the casing opposite a
gas-bearing zone if casing is set through the zone, whichever is
later, but the commission may permit the escape of gas into the air
for an additional time if:
(1) the operator of a well or other facility presents
information to show:
(A) the necessity for the escape; and
(B) the operator made a good faith and
commercially reasonable effort to capture and sell the gas, or
otherwise use the gas for another productive purpose, as defined by
commission rule; and
(2) [provided that] the amount of gas which is flared
under the [that] commission's authority is charged to the
operator's allowable production.
(b) For the purposes of Subsection (a):
(1) a [A] necessity includes [but is not limited to the
following situations]:
(A) [(1)] cleaning a well of sand or acid or both
following stimulation treatment of a well; and
(B) [(2)] repairing or modifying a gas-gathering
system; and
(2) an operator of a well or other facility is
considered to have made a good faith and commercially reasonable
effort if:
(A) the well is:
(i) connected to a pipeline on which
pipeline takeaway capacity is not expected to meet the demand for
gas produced from the well; or
(ii) not connected to a pipeline and
connection to a pipeline is technically or commercially unfeasible;
(B) the operator evaluated options for on-site
consumption of the gas and determined:
(i) on-site consumption of the gas is
technically or commercially unfeasible; or
(ii) commercial interest in on-site
consumption does not meet the demand for gas produced from the well;
and
(C) the operator evaluated options to use the gas
for another productive purpose and determined it would be
technically or commercially unfeasible.
(c) The commission shall adopt rules necessary to implement
this section.
SECTION 2. Not later than December 1, 2025, the Railroad
Commission of Texas shall adopt rules necessary to implement
Section 86.185, Natural Resources Code, as amended by this Act.
SECTION 3. This Act takes effect September 1, 2025.