Bill Text: TX SB1639 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain exceptions and permits granted by the Railroad Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Natural Resources [SB1639 Detail]
Download: Texas-2011-SB1639-Introduced.html
By: Davis | S.B. No. 1639 | |
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relating to certain exceptions and permits granted by the Railroad | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 81, Natural Resources | ||
Code, is amended by adding Section 81.05211 to read as follows: | ||
Sec.81.05211 RAILROAD COMMISSION JURISDICTION AND RULES IN | ||
CERTAIN COUNTIES. (a) This section applies only to a gas well | ||
located in a county that is located wholly or partly above a | ||
hydrocarbon-producing geological formation that underlies all or | ||
part of two counties: | ||
(1) that are adjacent to one another; and | ||
(2) each of which has a population of more than 1.4 | ||
million. | ||
(b) This section shall be interpreted broadly regarding the | ||
power of rules and permits granted under Sections 81.051,81.052 and | ||
81.0521 of this Subchapter. | ||
(c) For any permit or exception to any rule derived from the | ||
authority given to the Commission by this subchapter that would | ||
allow a well for gas be drilled closer than the limits permitted by | ||
Commission rules or applicable field rules, the applicant shall; | ||
(1) provide a notice to each person the exception to | ||
the rule or permit would affect. The notice shall be in plain | ||
language and; | ||
(A) shall identify the path of the proposed | ||
wellbore and explain the method that will be used to recover | ||
minerals from surrounding areas and adjacent properties, including | ||
a surveyed drawing; | ||
(B) shall explain that the person receiving | ||
notice has the right to object to the applicant's exception or | ||
permit and outline the procedure for the hearing including the | ||
standards and burdens of proof; and, | ||
(C) shall explain that not objecting to the | ||
applicant's request may result in the depletion of minerals from | ||
the property of the person receiving notice and could result in a | ||
loss of compensation for their minerals and transfer of their | ||
minerals to the operator or other mineral owners. | ||
(2) The applicant must present in a hearing to the | ||
Commission; | ||
(A) that the exception or permit is necessary for | ||
the most efficient process of collecting gas and not for the mere | ||
convenience of the operator; | ||
(B) the absence of feasible alternatives to the | ||
proposed exception or permit; | ||
(C) that all efforts were made to notify persons | ||
affected by the exception or permit; and, | ||
(D) the amount of minerals that would be depleted | ||
from persons affected by the exception or permit and the | ||
compensation that would be available to these persons if they had | ||
been mineral interest pooled and to whom the minerals would be | ||
transferred if produced. | ||
(3) A hearing must take place before any exception or | ||
permit is granted and the applicant shall bear the burden of proof. | ||
(4) The commission shall hold the hearing in a county | ||
located in the urban hydrocarbon-producing area in subsection (a) | ||
of this section. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |