1-1 By: Holzheauser (Senate Sponsor - Bivins) H.B. No. 3490
1-2 (In the Senate - Received from the House April 17, 1997;
1-3 April 18, 1997, read first time and referred to Committee on
1-4 Natural Resources; April 28, 1997, reported favorably, as amended,
1-5 by the following vote: Yeas 9, Nays 0; April 28, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Odgen
1-8 Amend H.B. No. 3490 as follows:
1-9 (1) Add a new SECTION 3 to the bill by amending Section
1-10 93.042, Natural Resources Code to read as follows and renumber
1-11 subsequent sections of the bill appropriately:
1-12 The commission, while a well is in the TERRA program, shall
1-13 assume all well plugging duties for the well and, with the
1-14 exception of the compliance requirements of a valid TERRA license
1-15 holder, all pollution prevention and control responsibilities. The
1-16 commission shall conduct annual inspections and appropriate tests
1-17 to ensure the continuing integrity of the wellbore. The commission
1-18 shall keep and retain the necessary records to prove compliance
1-19 with this requirement.
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the Texas Experimental Research and Recovery Activity
1-23 (TERRA) of the Railroad Commission of Texas.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 93.004, Natural Resources Code, is
1-26 amended to read as follows:
1-27 Sec. 93.004. TERRA FUND; CERTIFICATION. (a) The TERRA fund
1-28 is created in the state treasury.
1-29 (b) The commission shall send to the comptroller, or notify
1-30 the comptroller of the amounts of money to be transferred, for
1-31 credit to the TERRA fund:
1-32 (1) license fees collected under Section 93.033;
1-33 (2) money from the oil-field cleanup fund as provided
1-34 by Section 93.013(c);
1-35 (3) payments received under Section 93.013(a)(8);
1-36 (4) payments received under Sections 93.036 and
1-37 93.052;
1-38 (5) [on January 1 of each year, an amount from the
1-39 oil-field cleanup fund equal to the total money received by that
1-40 fund from the sale of salvaged equipment under Sections 89.085(d)
1-41 and 91.115(f), less the total money paid out to claimants under
1-42 Section 89.086, during the previous fiscal year;]
1-43 [(6)] private contributions or grants; and
1-44 (6) [(7)] any other money as provided by this chapter.
1-45 (c) On or after January 1 of each year, the commission may
1-46 notify the comptroller to transfer, for the credit of the TERRA
1-47 fund, an amount from the oil-field cleanup fund equal to the total
1-48 money received by that fund from the sale of salvaged equipment
1-49 under Sections 89.085(d) and 91.115(f), less the total money paid
1-50 to claimants under Section 89.086 during the previous fiscal year.
1-51 (d) Interest earned on the TERRA fund shall be credited to
1-52 the fund.
1-53 (e) [(d)] Money in the TERRA fund may be used by the
1-54 commission only for:
1-55 (1) the purposes of TERRA, including administrative
1-56 costs; and
1-57 (2) administrative and program costs of the commission
1-58 relating to its oil and gas activities, including those under
1-59 Subchapter M, Chapter 91.
1-60 (f) If the TERRA fund balance is less than twice the
1-61 estimated plugging costs of all unplugged TERRA wellbores, [except
1-62 that] the commission may not use or pledge [not] more than 75
1-63 percent of the annual interest earned on the money in the fund for
1-64 the [these] purposes described by Subsection (e). If the TERRA
2-1 fund balance is less than the total estimated plugging costs of all
2-2 TERRA wellbores, the commission may use or pledge TERRA funds only
2-3 for the purpose described in Subsection (e)(1).
2-4 [(e) Money in the TERRA fund may not be used or pledged for
2-5 a purpose described by Subsection (d)(2) unless the unobligated
2-6 money in the TERRA fund exceeds the total estimated plugging cost
2-7 of all unplugged TERRA wellbores.]
2-8 SECTION 2. Section 93.011, Natural Resources Code, is
2-9 amended by adding Subsection (i) to read as follows:
2-10 (i) A well scheduled for plugging with state money may be
2-11 placed in TERRA without a TERRA agreement, but the well may not be
2-12 licensed under Subchapter C unless the owners of the required
2-13 mineral interest have executed a TERRA agreement under this
2-14 section.
2-15 SECTION 3. This Act takes effect on September 1, 1997.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.
2-21 * * * * *