Bill Text: TX HB2126 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the amount and use of an administrative penalty imposed by the Railroad Commission of Texas for certain violations that occur in certain populous natural gas producing counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-24 - Left pending in committee [HB2126 Detail]
Download: Texas-2011-HB2126-Introduced.html
82R9177 TRH-D | ||
By: Parker | H.B. No. 2126 |
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relating to the amount and use of an administrative penalty imposed | ||
by the Railroad Commission of Texas for certain violations that | ||
occur in certain populous natural gas producing counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 81.0531, Natural Resources Code, is | ||
amended by amending Subsections (a), (b), and (e) and adding | ||
Subsections (a-1), (b-1), (b-2), and (f) to read as follows: | ||
(a) In this section, "urban natural gas producing county" | ||
means a county: | ||
(1) with a population of 650,000 or more; and | ||
(2) in which there are more than 2,000 producing gas | ||
wells. | ||
(a-1) If a person violates provisions of this title which | ||
pertain to safety or the prevention or control of pollution or the | ||
provisions of a rule, order, license, permit, or certificate which | ||
pertain to safety or the prevention or control of pollution and are | ||
issued under this title, the person may be assessed a civil penalty | ||
by the commission. | ||
(b) Except as provided by Subsection (b-1), the [ |
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penalty may not exceed $10,000 a day for each violation. | ||
(b-1) The penalty may not exceed $20,000 a day for each | ||
violation that: | ||
(1) occurs in a county that is an urban natural gas | ||
producing county; and | ||
(2) is of a provision of this title that pertains to | ||
safety or the prevention or control of pollution. | ||
(b-2) Each day a violation continues may be considered a | ||
separate violation for purposes of penalty assessments. | ||
(e) Except as provided by Subsection (f), a [ |
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collected under this section shall be deposited to the credit of the | ||
oil-field cleanup fund. | ||
(f) The portion of the amount of a penalty collected under | ||
this section for a violation described by Subsection (b-1) that | ||
exceeds $10,000 a day may be appropriated only to the commission to | ||
be used for activities and equipment related to the inspection of | ||
gas wells in urban natural gas producing counties. | ||
SECTION 2. Section 91.111(c), Natural Resources Code, is | ||
amended to read as follows: | ||
(c) The fund consists of: | ||
(1) penalties imposed under Section 85.381 for | ||
violation of a law, order, or rule relating to well plugging | ||
requirements; | ||
(2) proceeds from bonds and other financial security | ||
required by this chapter and benefits under well-specific plugging | ||
insurance policies described by Section 91.104(c) that are paid to | ||
the state as contingent beneficiary of the policies, subject to the | ||
refund provisions of Section 91.1091, if applicable; | ||
(3) private contributions, including contributions | ||
made under Section 89.084; | ||
(4) expenses collected under Section 89.083; | ||
(5) fees imposed under Section 85.2021; | ||
(6) civil penalties collected for violations of | ||
Chapter 89 or of rules or orders relating to plugging that are | ||
adopted under this code; | ||
(7) proceeds collected under Sections 89.085 and | ||
91.115; | ||
(8) interest earned on the funds deposited in the | ||
fund; | ||
(9) civil penalties or costs recovered under Section | ||
91.457 or 91.459; | ||
(10) oil and gas waste hauler permit application fees | ||
collected under Section 29.015, Water Code; | ||
(11) costs recovered under Section 91.113(f); | ||
(12) hazardous oil and gas waste generation fees | ||
collected under Section 91.605; | ||
(13) oil-field cleanup regulatory fees on oil | ||
collected under Section 81.116; | ||
(14) oil-field cleanup regulatory fees on gas | ||
collected under Section 81.117; | ||
(15) fees for a reissued certificate collected under | ||
Section 91.707; | ||
(16) fees collected under Section 91.1013; | ||
(17) fees collected under Section 89.088; | ||
(18) penalties collected under Section 81.0531, | ||
except as otherwise provided by that section; | ||
(19) fees collected under Section 91.142; | ||
(20) fees collected under Section 91.654; | ||
(21) costs recovered under Sections 91.656 and 91.657; | ||
(22) two-thirds of the fees collected under Section | ||
81.0521; | ||
(23) fees collected under Sections 89.024 and 89.026; | ||
and | ||
(24) legislative appropriations. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a violation occurring on or after the effective date of this Act. A | ||
violation occurring before the effective date of this Act is | ||
subject to the law in effect on the date the violation occurred, and | ||
that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |