Bill Text: TX SB1049 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the disclosure of information regarding hydraulic fracturing treatment operations.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-16 - Referred to Natural Resources [SB1049 Detail]
Download: Texas-2011-SB1049-Introduced.html
| 82R4739 JXC-D | ||
| By: Davis | S.B. No. 1049 | |
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| relating to the disclosure of information regarding hydraulic | ||
| fracturing treatment operations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 91, Natural Resources | ||
| Code, is amended by adding Section 91.020 to read as follows: | ||
| Sec. 91.020. DISCLOSURE OF INFORMATION REGARDING HYDRAULIC | ||
| FRACTURING TREATMENT OPERATIONS. (a) In this section: | ||
| (1) "Additive" means any substance or combination of | ||
| substances having a specified purpose that is combined with a base | ||
| fluid and a proppant to create a fracturing fluid. | ||
| (2) "Chemical Abstracts Service" or "CAS" means the | ||
| chemical registry that is the authoritative collection of disclosed | ||
| chemical substance information. | ||
| (3) "Chemical constituent" means a discrete chemical | ||
| with its own specific name or identity, such as a CAS number, that | ||
| is contained in an additive. | ||
| (4) "Hydraulic fracturing treatment" means the | ||
| stimulation of a well by the application of a base stimulation fluid | ||
| containing a proppant with force in order to create artificial | ||
| fractures in a formation for the purpose of improving the well's | ||
| capacity to produce hydrocarbons. | ||
| (b) The commission shall adopt rules requiring the owner or | ||
| operator of a well on which hydraulic fracturing treatment | ||
| operations have been performed or a person who has performed | ||
| hydraulic fracturing treatment operations on a well to disclose to | ||
| the commission in writing information regarding the operations, | ||
| following the completion of those operations. | ||
| (c) At a minimum, rules adopted under this section must | ||
| require the owner or operator of the well or the person who performs | ||
| the hydraulic fracturing treatment operations to disclose: | ||
| (1) the type and volume of the base stimulation fluid | ||
| and proppant used for each stage of the hydraulic fracturing | ||
| treatment operations; | ||
| (2) the general type of additives used in the | ||
| hydraulic fracturing treatment operations, such as acid, biocide, | ||
| breaker, corrosion inhibitor, crosslinker, demulsifier, friction | ||
| reducer, gel, iron control, oxygen scavenger, pH adjusting agent, | ||
| scale inhibitor, or surfactant; | ||
| (3) the specific additives used in the hydraulic | ||
| fracturing treatment operations and the actual concentration of | ||
| each additive, expressed as pounds per thousand gallons or gallons | ||
| per thousand gallons; | ||
| (4) all chemical constituents used in the hydraulic | ||
| fracturing treatment operations and their associated CAS numbers; | ||
| and | ||
| (5) any documentation necessary to demonstrate the | ||
| accuracy of the information provided. | ||
| (d) Notwithstanding Subsection (c)(4), if a chemical | ||
| constituent used in a hydraulic fracturing treatment operation and | ||
| its associated CAS number are subject to 42 U.S.C. Section 11042, | ||
| the rules adopted under this section may permit the owner or | ||
| operator of the well or the person who performed the hydraulic | ||
| fracturing treatment operations to withhold the name of the | ||
| chemical constituent and its associated CAS number and, in lieu of | ||
| disclosing the information, submit a claim of entitlement to | ||
| withhold the information and disclose the chemical family | ||
| associated with the chemical constituent and the associated CAS | ||
| number of the chemical family. | ||
| SECTION 2. The Railroad Commission of Texas shall adopt | ||
| rules under Section 91.020, Natural Resources Code, as added by | ||
| this Act, not later than February 1, 2012. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
