Bill Text: TX HB3409 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the duty of a lessee or other agent in control of certain state land to drill an offset well, pay compensatory royalty, or otherwise protect the land from drainage of oil or gas by a horizontal drainhole well located on certain land.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-12 - Left pending in committee [HB3409 Detail]
Download: Texas-2021-HB3409-Introduced.html
87R10225 ANG-F | ||
By: Goldman | H.B. No. 3409 |
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relating to the duty of a lessee or other agent in control of | ||
certain state land to drill an offset well, pay compensatory | ||
royalty, or otherwise protect the land from drainage of oil or gas | ||
by a horizontal drainhole well located on certain land. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 66.75, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (g) to | ||
read as follows: | ||
(a) In this section: | ||
(1) "Horizontal drainhole well" means a well with a | ||
horizontal drainhole that may produce oil or gas along at least 100 | ||
feet of the drainhole. | ||
(2) "Take point" means any point in a horizontal | ||
drainhole well where oil and gas can be produced from the reservoir | ||
or field interval recognized by the Railroad Commission of Texas. | ||
(3) "Unconventional fracture treated field" means an | ||
oil or gas field in which horizontal well development and hydraulic | ||
fracture treatment must be used to recover resources from all or | ||
part of the field. | ||
(a-1) The lessee shall protect the leased premises from | ||
drainage. The lease may contain express terms regarding drainage | ||
as the board may adopt. | ||
(g) Notwithstanding any other provision of this section, a | ||
lease or other agreement relating to university lands may not | ||
require a lessee to drill an offset well, pay compensatory royalty, | ||
or otherwise protect the leased premises or acreage pooled with the | ||
leased premises from drainage by a horizontal drainhole well | ||
located in an unconventional fracture treated field if no take | ||
point of the horizontal drainhole well is located closer to the | ||
leased premises or acreage pooled with the leased premises than the | ||
applicable lease-line spacing distance requirement of the Railroad | ||
Commission of Texas. | ||
SECTION 2. Section 52.034, Natural Resources Code, is | ||
amended by amending Subsections (a) and (d) and adding Subsections | ||
(a-1) and (a-2) to read as follows: | ||
(a) In this section: | ||
(1) "Horizontal drainhole well" means a well with a | ||
horizontal drainhole that may produce oil or gas along at least 100 | ||
feet of the drainhole. | ||
(2) "Take point" means any point in a horizontal | ||
drainhole well where oil and gas can be produced from the reservoir | ||
or field interval recognized by the Railroad Commission of Texas. | ||
(3) "Unconventional fracture treated field" means an | ||
oil or gas field in which horizontal well development and hydraulic | ||
fracture treatment must be used to recover resources from all or | ||
part of the field. | ||
(a-1) Except as provided by Subsection (a-2), if [ |
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gas is produced in commercial quantities from a well located on a | ||
privately owned area or areas of state land leased at a lesser | ||
royalty and the well is located within 1,000 feet of an area leased | ||
under this subchapter[ |
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draining an area leased under this subchapter [ |
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good faith and prosecute diligently the drilling of an offset well | ||
or wells on the area leased from the state within 60 days after the | ||
initial production from the draining well or the well located | ||
within 1,000 feet of the leased state area. | ||
(a-2) If the well producing oil or gas in commercial | ||
quantities under Subsection (a-1) is a horizontal drainhole well | ||
located in an unconventional fracture treated field, a lessee of a | ||
state area is not required to drill an offset well as provided by | ||
Subsection (a-1) unless any take point in the horizontal drainhole | ||
well is located closer to the leased state area than the minimum | ||
distance established by the applicable lease-line spacing | ||
requirement of the Railroad Commission of Texas. | ||
(d) At the determination of the commissioner and with the | ||
commissioner's [ |
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compensatory royalty shall satisfy the obligation to drill an | ||
offset well or wells required by Subsection (a-1) [ |
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royalty rate provided by the state lease issued under this | ||
subchapter and shall be paid on the market value at the well of | ||
production from the [ |
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commercial quantities described by Subsection (a-1) [ |
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SECTION 3. Section 52.173, Natural Resources Code, is | ||
amended by amending Subsections (a) and (d) and adding Subsections | ||
(a-1) and (a-2) to read as follows: | ||
(a) In this section: | ||
(1) "Horizontal drainhole well" means a well with a | ||
horizontal drainhole that may produce oil or gas along at least 100 | ||
feet of the drainhole. | ||
(2) "Take point" means any point in a horizontal | ||
drainhole well where oil or gas can be produced from the reservoir | ||
or field interval recognized by the Railroad Commission of Texas. | ||
(3) "Unconventional fracture treated field" means an | ||
oil or gas field in which horizontal well development and hydraulic | ||
fracture treatment must be used to recover resources from all or | ||
part of the field. | ||
(a-1) Except as provided by Subsection (a-2), if [ |
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[ |
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within 1,000 feet of land subject to this subchapter[ |
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production of oil or gas is draining [ |
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subject to this subchapter, [ |
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control of land subject to this subchapter shall in good faith begin | ||
the drilling of a well or wells upon such state land within 100 days | ||
after the draining well or wells or the well or wells completed | ||
within 1,000 feet of the state land commence to produce in | ||
commercial quantities[ |
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diligence to reasonably develop the state land and to protect such | ||
state land against drainage. | ||
(a-2) If the well producing oil or gas in commercial | ||
quantities under Subsection (a-1) is a horizontal drainhole well | ||
located in an unconventional fracture treated field, the owner, | ||
lessee, sublessee, receiver, or other agent in control of land | ||
subject to this subchapter is not required to drill an offset well | ||
as provided by Subsection (a-1) unless any take point in the | ||
horizontal drainhole well is located closer to the state land than | ||
the minimum distance established by the applicable lease-line | ||
spacing requirement of the Railroad Commission of Texas. | ||
(d) At the determination of the commissioner and with the | ||
commissioner's [ |
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compensatory royalty shall satisfy the obligation to drill an | ||
offset well or wells required by Subsection (a-1). Such | ||
compensatory royalty shall be paid at a royalty rate established by | ||
the commissioner if the land is unleased, or at the royalty rate | ||
provided by the state lease, if the land is leased. Such | ||
compensatory royalty shall be paid on the market value at the well | ||
of production from the [ |
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commercial quantities described by Subsection (a-1) [ |
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SECTION 4. This Act takes effect September 1, 2021. |