By: Brown S.C.R. No. 70 SENATE CONCURRENT RESOLUTION 1-1 WHEREAS, The State of Texas has instituted an action in the 1-2 District Court of the 98th Judicial District, Travis County, Texas, 1-3 No. 92-13617, against Thomas Laurence Stanley as the operator of 1-4 Well Nos. 1, A1, and 2 on the Sam H. Finley (05979) Lease and Well 1-5 Nos. 1, 1A, 2, 3, 4, 5, 6, and 7 on the West & Schenck (00431) 1-6 Lease (subject wells), Blue Ridge Field, Fort Bend County, Texas, 1-7 to recover administrative penalties imposed by Railroad Commission 1-8 of Texas Final Order, Oil and Gas Docket No. 3-96,452, entered May 1-9 4, 1992, and Final Order, Oil and Gas Docket No. 3-96,453, entered 1-10 May 4, 1992, for failure to comply with commission statewide rules 1-11 and regulations pertaining to safety and the prevention or control 1-12 of pollution and to recover civil penalties for the failure to 1-13 comply with the Final Orders; and 1-14 WHEREAS, Thomas Laurence Stanley alleges that: 1-15 (1) the railroad commission has failed to adequately enforce 1-16 its statewide rules and regulations pertaining to safety and the 1-17 prevention or control of pollution at the site of the subject wells 1-18 prior to his becoming the operator of the wells; 1-19 (2) the failure of the railroad commission to adequately 1-20 enforce its own rules and regulations has allowed the pollution of 1-21 surface and subsurface water at the site of the subject wells; 1-22 (3) endemic pollution problems at the site of the subject 1-23 wells had persisted for more than seven years prior to Thomas 2-1 Laurence Stanley becoming the operator of the subject wells without 2-2 the railroad commission requiring proper clean-up and pollution 2-3 prevention measures; 2-4 (4) Thomas Laurence Stanley has attempted to place the site 2-5 of the subject wells in compliance with the railroad commission 2-6 statewide rules and regulations pertaining to safety and the 2-7 prevention or control of pollution; 2-8 (5) Thomas Laurence Stanley commenced immediate efforts at 2-9 the time the lease on the subject wells was acquired to correct the 2-10 endemic storage problems at the site of the subject wells, 2-11 including the purchase of four storage tanks at a cost of $10,000; 2-12 and 2-13 (6) the railroad commission does not enforce its orders 2-14 against all operators on an equal basis and with the fairness that 2-15 the Fourteenth Amendment to the United States Constitution demands; 2-16 now, therefore, be it 2-17 RESOLVED by the Legislature of the State of Texas, That 2-18 Thomas Laurence Stanley is granted permission to sue the State of 2-19 Texas and the Railroad Commission of Texas through counterclaim of 2-20 the above referenced district court action subject to Chapter 107, 2-21 Civil Practice and Remedies Code; and, be it further 2-22 RESOLVED, That the chairman of the Railroad Commission of 2-23 Texas be served process as provided by Subdivision (3), Subsection 2-24 (a), Section 107.002, Civil Practice and Remedies Code.