Bill Text: TX HB849 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well; creating an offense.
Sponsorship: Partisan Bill (Republican 3)
Status: (Engrossed - Dead) 2011-05-03 - No action taken in committee [HB849 Detail]
Download: Texas-2011-HB849-Engrossed.html
| By: Miller of Erath, et al. | H.B. No. 849 | |
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| relating to notice of an application for a permit to dispose of oil | ||
| and gas waste in a commercial disposal well; creating an offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 27.034, Water Code, is amended by adding | ||
| Subsections (a-1), (a-2), and (a-3) to read as follows: | ||
| (a-1) In connection with an application for a permit to | ||
| dispose of oil and gas waste in a commercial disposal well, as | ||
| defined by the railroad commission, the rules adopted under | ||
| Subsection (a) must, at a minimum: | ||
| (1) require the applicant to give notice of the | ||
| application to: | ||
| (A) each owner of record of each surface tract | ||
| that adjoins the tract on which the well is proposed to be located; | ||
| (B) the commissioners court of the county in | ||
| which the well is proposed to be located; and | ||
| (C) any groundwater conservation district in | ||
| which the well is proposed to be located; | ||
| (2) require each owner of record of a surface tract who | ||
| receives notice of the application under Subdivision (1)(A) to give | ||
| notice of the application to each surface lessee or purchaser under | ||
| a contract for deed, executory contract, or other executory | ||
| conveyance of the tract who occupies a residence located on the | ||
| tract; | ||
| (3) require the applicant to publish notice of the | ||
| application in each newspaper of general circulation in the county | ||
| in which the well is proposed to be located that satisfies the | ||
| requirements of Section 2051.044, Government Code; and | ||
| (4) provide each person who receives notice of the | ||
| application under Subdivision (1)(A) or (B) an opportunity to | ||
| request a public hearing on the application. | ||
| (a-2) The failure of a person who receives notice of an | ||
| application under Subsection (a-1)(1)(A) to give notice of the | ||
| application to any person to whom the person is required to give | ||
| notice under Subsection (a-1)(2) does not invalidate any permit | ||
| issued by the railroad commission and may not be considered by the | ||
| railroad commission with respect to any pending permit application. | ||
| (a-3) The railroad commission is not required to hold more | ||
| than one public hearing on an application regardless of the number | ||
| of persons who request a hearing. | ||
| SECTION 2. Section 27.105(a), Water Code, is amended to | ||
| read as follows: | ||
| (a) A person who knowingly or intentionally violates a | ||
| provision of this chapter under the jurisdiction of the railroad | ||
| commission, a rule of the railroad commission other than a rule | ||
| adopted under Section 27.034(a-1)(2), or a term, condition, or | ||
| provision of a permit issued by the railroad commission under this | ||
| chapter is subject to a fine of not more than $5,000 for each | ||
| violation and for each day of violation. A violation under the | ||
| jurisdiction of the commission is enforceable under Section 7.157. | ||
| SECTION 3. Section 27.034(a-1), Water Code, as added by | ||
| this Act, applies only to an application for a permit to dispose of | ||
| oil and gas waste in a commercial disposal well, as defined by the | ||
| Railroad Commission of Texas. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
