By: Earley H.B. No. 2796
73R5385 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection of geological and geophysical
1-3 information and data by the Railroad Commission of Texas; providing
1-4 a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 91, Natural Resources Code, is amended by
1-7 adding Subchapter O to read as follows:
1-8 SUBCHAPTER O. GEOLOGICAL AND GEOPHYSICAL INFORMATION
1-9 Sec. 91.651. APPLICABILITY. (a) This subchapter does not
1-10 apply to the United States, this state, a political subdivision of
1-11 this state, or an institution of higher education as defined by
1-12 Section 61.003, Education Code.
1-13 (b) This subchapter does not apply to a study interpreting
1-14 geological or geophysical information or data.
1-15 Sec. 91.652. GEOLOGICAL AND GEOPHYSICAL INFORMATION REQUIRED
1-16 TO BE FILED; CRITERIA. (a) Not later than the 180th day after the
1-17 date of its preparation or receipt, as applicable, a person shall
1-18 file with the commission all geological or geophysical information
1-19 or data prepared by or for the person in connection with the
1-20 exploration or development of minerals, including:
1-21 (1) seismic records;
1-22 (2) electric logs other than electric logs filed with
1-23 the commission under Subchapter M of this chapter;
1-24 (3) mud logs; and
2-1 (4) cores.
2-2 (b) The commission by rule shall establish criteria for the
2-3 nature and format of the geological and geophysical information and
2-4 data required to be filed with the commission under this
2-5 subchapter.
2-6 Sec. 91.653. AVAILABILITY OF INFORMATION. (a) Geological
2-7 or geophysical information or data that is filed with the
2-8 commission under this subchapter is confidential for seven years
2-9 after the date on which it is filed.
2-10 (b) During the period of confidentiality, the commission
2-11 shall make the geological or geophysical information or data
2-12 available for inspection only to:
2-13 (1) a person authorized in writing by the person who
2-14 filed the geological or geophysical information or data with the
2-15 commission; and
2-16 (2) members of or employees of the commission in the
2-17 exercise of their powers or duties under this code.
2-18 Sec. 91.654. MANAGEMENT AND STORAGE OF INFORMATION AND DATA.
2-19 (a) The commission shall store geological or geophysical
2-20 information or data that is filed under this subchapter in a secure
2-21 place monitored by the commission.
2-22 (b) The commission may assimilate the information and data
2-23 into a computer data base.
2-24 (c) The commission may contract with any person for the
2-25 management and storage of geological or geophysical information or
2-26 data that is filed with the commission.
2-27 Sec. 91.655. ADMINISTRATIVE PENALTY. (a) A person who
3-1 violates this subchapter or a rule adopted or order issued under
3-2 this subchapter may be assessed an administrative penalty by the
3-3 commission.
3-4 (b) The penalty shall be set by the commission in an amount
3-5 not to exceed the fair market value of the geological or
3-6 geophysical information or data, as reasonably determined by the
3-7 commission.
3-8 (c) In determining the amount of the penalty, the commission
3-9 shall consider:
3-10 (1) the person's history of previous violations of
3-11 this subchapter;
3-12 (2) the seriousness of the violation;
3-13 (3) the importance of the information or data to the
3-14 development of the state's mineral resources;
3-15 (4) the fair market value of the information or data;
3-16 and
3-17 (5) the demonstrated good faith of the person charged
3-18 with the violation.
3-19 Sec. 91.656. PENALTY ASSESSMENT PROCEDURE. (a) The
3-20 administrative penalty may be assessed only after the person
3-21 charged with a violation of this subchapter or a rule adopted or
3-22 order issued under this subchapter has been given an opportunity
3-23 for a public hearing.
3-24 (b) If a public hearing has been held, the commission shall
3-25 make findings of fact and issue a written decision about the
3-26 occurrence of the violation and the amount of the penalty that is
3-27 warranted, incorporating, when appropriate, an order requiring that
4-1 the penalty be paid.
4-2 (c) If appropriate, the commission shall consolidate the
4-3 hearing with other proceedings.
4-4 (d) If the person charged with the violation fails to take
4-5 advantage of the opportunity for a public hearing, an
4-6 administrative penalty may be assessed by the commission after it
4-7 has determined that a violation occurred and the amount of the
4-8 penalty that is warranted.
4-9 (e) The commission shall then issue an order requiring that
4-10 the penalty be paid.
4-11 Sec. 91.657. PAYMENT OF PENALTY; REFUND. (a) The
4-12 commission shall send a copy of an order requiring a person to pay
4-13 an administrative penalty under this subchapter to the person or
4-14 the person's attorney of record not later than the 30th day after
4-15 the date the order is issued.
4-16 (b) Not later than the 30th day after the date on which the
4-17 decision or order is final as provided by Section 16(c),
4-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-19 Vernon's Texas Civil Statutes), the person charged with the penalty
4-20 shall:
4-21 (1) pay the penalty in full; or
4-22 (2) if the person seeks judicial review of either the
4-23 amount of the penalty or the fact of the violation, or both:
4-24 (A) forward the amount to the commission for
4-25 placement in an escrow account; or
4-26 (B) in lieu of payment into escrow, post with
4-27 the commission a supersedeas bond in a form approved by the
5-1 commission for the amount of the penalty, the bond to be effective
5-2 until all judicial review of the order or decision is final.
5-3 (c) If through judicial review of the decision or order it
5-4 is determined that no violation occurred or that the amount of the
5-5 penalty should be reduced or not assessed, the commission shall,
5-6 not later than the 30th day after the date that determination is
5-7 made:
5-8 (1) remit the appropriate amount to the person, with
5-9 accrued interest, if the penalty has been paid to the commission;
5-10 or
5-11 (2) execute a release of the bond if a supersedeas
5-12 bond has been posted.
5-13 (d) Failure to forward the money to the commission within
5-14 the time provided by Subsection (b) of this section results in a
5-15 waiver of all legal rights to contest the violation or the amount
5-16 of the penalty.
5-17 (e) Judicial review of the order or decision of the
5-18 commission assessing the penalty is:
5-19 (1) under the substantial evidence rule; and
5-20 (2) instituted by filing a petition as provided by
5-21 Section 19, Administrative Procedure and Texas Register Act
5-22 (Article 6252-13a, Vernon's Texas Civil Statutes).
5-23 Sec. 91.658. RECOVERY OF PENALTY. (a) An administrative
5-24 penalty owed under Sections 91.655-91.657 of this subchapter may be
5-25 recovered in a civil action brought by the attorney general at the
5-26 request of the commission.
5-27 (b) An administrative penalty collected for a violation of
6-1 this subchapter or of a rule adopted or order issued under this
6-2 subchapter shall be deposited to the credit of a separate fund
6-3 established in the state treasury. Money in the fund may only be
6-4 used by the commission to pay the costs of managing or storing
6-5 geological or geophysical information or data.
6-6 SECTION 2. This Act applies only to geological or
6-7 geophysical information or data prepared or received by a person on
6-8 or after the effective date of this Act. Geological or geophysical
6-9 information or data prepared or received before the effective date
6-10 of this Act is governed by the law under which the information or
6-11 data was prepared or received, and that law is continued in effect
6-12 for that purpose.
6-13 SECTION 3. This Act takes effect September 1, 1993.
6-14 SECTION 4. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.