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A BILL TO BE ENTITLED
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AN ACT
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relating to the treatment, recycling for beneficial use, or |
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disposal of drill cuttings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 123.001(2) and (3), Natural Resources |
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Code, are amended to read as follows: |
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(2) "Drill cuttings" means bits of rock or soil cut |
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from a subsurface formation by a drill bit during the process of |
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drilling an oil or gas well and lifted to the surface by means of the |
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circulation of drilling mud. The term includes any associated |
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sand, silt, drilling fluid, spent completion fluid, workover fluid, |
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debris, water, brine, oil scum, paraffin, or other material cleaned |
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out of the wellbore. |
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(3) "Permit holder" means a person who holds a permit |
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from the commission to operate a stationary commercial solid oil |
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and gas waste recycling facility or an oil and gas waste disposal |
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facility. |
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SECTION 2. Section 123.003, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 123.003. RESPONSIBILITY IN TORT. A person who |
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generates drill cuttings and transfers the drill cuttings to a |
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permit holder with the contractual understanding that the drill |
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cuttings will be used in connection with road building or another |
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beneficial use or disposed of is not liable in tort for a |
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consequence of the subsequent use or disposal of the drill cuttings |
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by the permit holder or by another person. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |