Bill Text: TX HB448 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a requirement that the operator of an oil or gas well on which a hydraulic fracturing treatment is to be performed mail a list of the chemicals to be used in the treatment to persons residing near the well.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2013-03-20 - Left pending in committee [HB448 Detail]
Download: Texas-2013-HB448-Introduced.html
| 83R1946 SMH-D | ||
| By: Dukes | H.B. No. 448 | |
|
|
||
|
|
||
| relating to a requirement that the operator of an oil or gas well on | ||
| which a hydraulic fracturing treatment is to be performed mail a | ||
| list of the chemicals to be used in the treatment to persons | ||
| residing near the well. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 91.851, Natural Resources | ||
| Code, is amended to read as follows: | ||
| Sec. 91.851. PUBLIC DISCLOSURE OF COMPOSITION OF HYDRAULIC | ||
| FRACTURING FLUIDS FOLLOWING PERFORMANCE OF HYDRAULIC FRACTURING | ||
| TREATMENT. | ||
| SECTION 2. Subchapter S, Chapter 91, Natural Resources | ||
| Code, is amended by adding Section 91.852 to read as follows: | ||
| Sec. 91.852. DISCLOSURE TO NEARBY RESIDENTS OF CHEMICAL | ||
| INGREDIENTS ANTICIPATED TO BE USED IN HYDRAULIC FRACTURING | ||
| TREATMENT. (a) The commission by rule shall require an operator of | ||
| a well on which a hydraulic fracturing treatment is to be performed | ||
| to mail to each person residing within 500 feet of the well a list of | ||
| the chemical ingredients that the operator: | ||
| (1) anticipates will be used in the hydraulic | ||
| fracturing treatment; and | ||
| (2) is required to disclose to the commission under | ||
| Section 91.851. | ||
| (b) The rules adopted under this section must: | ||
| (1) require the notice to be mailed not later than the | ||
| 30th day before the date the hydraulic fracturing treatment begins; | ||
| and | ||
| (2) prescribe a process by which: | ||
| (A) the operator may withhold and declare the | ||
| identity of a chemical ingredient anticipated to be used in the | ||
| hydraulic fracturing treatment as a trade secret; and | ||
| (B) a person to whom the notice is required to be | ||
| mailed may challenge a claim by the operator of entitlement to trade | ||
| secret protection under Paragraph (A). | ||
| SECTION 3. Section 91.852, Natural Resources Code, as added | ||
| by this Act, applies only to a hydraulic fracturing treatment | ||
| performed on a well for which an initial drilling permit is issued | ||
| on or after the date the rules adopted by the Railroad Commission of | ||
| Texas under that section take effect. A hydraulic fracturing | ||
| treatment performed on a well for which an initial drilling permit | ||
| is issued before the date the rules take effect is governed by the | ||
| law as it existed immediately before the effective date of this Act, | ||
| and that law is continued in effect for that purpose. | ||
| SECTION 4. The Railroad Commission of Texas shall adopt | ||
| rules under Section 91.852, Natural Resources Code, as added by | ||
| this Act, not later than December 1, 2013. | ||
| SECTION 5. This Act takes effect September 1, 2013. | ||
