Bill Text: TX HB2767 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the treatment and recycling for beneficial use of certain waste arising out of or incidental to the drilling for or production of oil or gas.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-05-28 - Effective on 9/1/13 [HB2767 Detail]
Download: Texas-2013-HB2767-Engrossed.html
Bill Title: Relating to the treatment and recycling for beneficial use of certain waste arising out of or incidental to the drilling for or production of oil or gas.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2013-05-28 - Effective on 9/1/13 [HB2767 Detail]
Download: Texas-2013-HB2767-Engrossed.html
By: King of Parker, Keffer, Lewis | H.B. No. 2767 |
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relating to the treatment and recycling for beneficial use of | ||
certain waste arising out of or incidental to the drilling for or | ||
production of oil or gas. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle D, Title 3, Natural Resources Code, is | ||
amended by adding Chapter 122 to read as follows: | ||
CHAPTER 122. TREATMENT AND RECYCLING FOR BENEFICIAL USE OF CERTAIN | ||
OIL AND GAS WASTE | ||
Sec. 122.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Railroad Commission of | ||
Texas. | ||
(2) "Fluid oil and gas waste" means waste containing | ||
salt or other mineralized substances, brine, hydraulic fracturing | ||
fluid, flowback water, produced water, or other fluid that arises | ||
out of or is incidental to the drilling for or production of oil or | ||
gas. | ||
Sec. 122.002. OWNERSHIP OF CERTAIN OIL AND GAS WASTE | ||
TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless | ||
otherwise expressly provided by a contract, bill of sale, or other | ||
legally binding document: | ||
(1) when fluid oil and gas waste is transferred to a | ||
person who takes possession of that waste for the purpose of | ||
treating the waste for a subsequent beneficial use, the transferred | ||
material is considered to be the property of the person who takes | ||
possession of it for the purpose of treating the waste for | ||
subsequent beneficial use until the person transfers the waste or | ||
treated waste to another person for disposal or use; and | ||
(2) when a person who takes possession of fluid oil and | ||
gas waste for the purpose of treating the waste for a subsequent | ||
beneficial use transfers possession of the treated product or any | ||
treatment byproduct to another person for the purpose of subsequent | ||
disposal or beneficial use, the transferred product or byproduct is | ||
considered to be the property of the person to whom the material is | ||
transferred. | ||
Sec. 122.003. RESPONSIBILITY IN TORT. (a) Except as | ||
provided by Subsection (b), a person who takes possession of fluid | ||
oil and gas waste, produces from that waste a treated product | ||
generally considered in the oil and gas industry to be suitable for | ||
use in connection with the drilling for or production of oil or gas, | ||
and transfers the treated product to another person with the | ||
contractual understanding that the treated product will be used in | ||
connection with the drilling for or production of oil or gas is not | ||
liable in tort for a consequence of the subsequent use of that | ||
treated product by the person to whom the treated product is | ||
transferred or by another person. | ||
(b) This section does not affect the liability of a person | ||
that treats fluid oil and gas waste for beneficial use in an action | ||
brought by a person for damages for personal injury, death, or | ||
property damage arising from exposure to fluid oil and gas waste or | ||
a treated product. | ||
Sec. 122.004. COMMISSION RULES FOR TREATMENT AND BENEFICIAL | ||
USE. The commission shall adopt rules to govern the treatment and | ||
beneficial use of oil and gas waste. | ||
SECTION 2. This Act takes effect September 1, 2013. |