AN ACT
1-1 relating to the use of money in the oil-field cleanup fund to
1-2 conduct a site investigation or environmental assessment and to the
1-3 recovery of costs incurred for that purpose.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 91.112 and 91.113, Natural Resources
1-6 Code, are amended to read as follows:
1-7 Sec. 91.112. PURPOSE OF THE FUND. (a) Money in the fund
1-8 may be used by the commission or its employees or agents for:
1-9 (1) conducting a site investigation or environmental
1-10 assessment to determine:
1-11 (A) the nature and extent of contamination
1-12 caused by oil and gas wastes or other substances or materials
1-13 regulated by the commission under Section 91.101; and
1-14 (B) the measures that should be taken to control
1-15 or clean up the wastes, substances, or materials described in
1-16 Paragraph (A);
1-17 (2) controlling or cleaning up oil and gas wastes or
1-18 other substances or materials regulated by the commission under
1-19 Section 91.101 [of this code] that are causing or are likely to
1-20 cause the pollution of surface or subsurface water, consistent with
1-21 Section 91.113 [of this code];
1-22 (3) [(2)] plugging abandoned wells and administering
1-23 or enforcing permits, orders, and rules relating to the
2-1 commission's authority to prevent pollution under this chapter,
2-2 Chapter 89 [of this code], or any other law administered or
2-3 enforced by the commission under Title 3 [of this code];
2-4 (4) [(3)] implementing Subchapter N [of this chapter]
2-5 and enforcing rules, orders, and permits adopted or issued under
2-6 that subchapter; and
2-7 (5) [(4)] preparing the report required under
2-8 Subsection (b) [of this section].
2-9 (b) The commission shall submit to the legislature,
2-10 annually, a report that reviews the extent to which money [the
2-11 funds] provided under Section 91.111 has [of this code have]
2-12 enabled the commission to better protect the environment and
2-13 enhance the income of the oil-field cleanup fund. The report shall
2-14 include:
2-15 (1) the number of wells plugged;
2-16 (2) the number of wells abandoned;
2-17 (3) the number of inactive wells not currently in
2-18 compliance with commission rules;
2-19 (4) the status of enforcement proceedings for all
2-20 wells in violation of commission rules and the time period during
2-21 which the wells have been in violation;
2-22 (5) the method by which the commission sets priorities
2-23 by which it determines the order in which abandoned wells are
2-24 plugged;
2-25 (6) a projection of the amount of money [oil-field
3-1 cleanup funds] needed for the next biennium for conducting site
3-2 investigations and environmental assessments, plugging [of]
3-3 abandoned wells, and remediating surface locations; and
3-4 (7) the status of implementation of the provisions of
3-5 Section 89.085 [of this code] relating to possession and sale of
3-6 equipment to recover plugging costs.
3-7 Sec. 91.113. INVESTIGATION, ASSESSMENT, OR CLEANUP BY
3-8 COMMISSION. (a) If oil and gas wastes or other substances or
3-9 materials regulated by the commission under Section 91.101 [of this
3-10 subchapter] are causing or are likely to cause the pollution of
3-11 surface or subsurface water, the commission, through its employees
3-12 or agents, may use money in the oil-field cleanup fund to conduct a
3-13 site investigation or environmental assessment or control or clean
3-14 up the oil and gas wastes or other substances or materials if:
3-15 (1) the responsible person has failed or refused to
3-16 control or clean up the oil and gas wastes or other substances or
3-17 materials after notice and opportunity for hearing;
3-18 (2) the responsible person is unknown, cannot be
3-19 found, or has no assets with which to control or clean up the oil
3-20 and gas wastes or other substances or materials; or
3-21 (3) the oil and gas wastes or other substances or
3-22 materials are causing the pollution of surface or subsurface water.
3-23 (b) For purposes of this section, "responsible person" means
3-24 any operator or other person required by law, rules adopted by the
3-25 commission, or a valid order of the commission to control or clean
4-1 up the oil and gas wastes or other substances or materials.
4-2 (c) The commission or its employees or agents, on proper
4-3 identification, may enter the land of another for the purpose of
4-4 conducting a site investigation or environmental assessment or
4-5 controlling or cleaning up oil and gas wastes or other substances
4-6 or materials under this section.
4-7 (d) The conducting of a site investigation or environmental
4-8 assessment or the control or cleanup of oil and gas wastes or other
4-9 substances or materials by the commission under this section does
4-10 not prevent the commission from seeking penalties or other relief
4-11 provided by law from any person who is required by law, rules
4-12 adopted by the commission, or a valid order of the commission to
4-13 control or clean up the oil and gas wastes or other substances or
4-14 materials.
4-15 (e) The commission and its employees are not liable for any
4-16 damages arising from an act or omission if the act or omission is
4-17 part of a good-faith effort to carry out this section.
4-18 (f) If the commission conducts a site investigation or
4-19 environmental assessment or controls or cleans up oil and gas
4-20 wastes or other substances or materials under this section, the
4-21 commission may recover all costs incurred by the commission from
4-22 any person who was required by law, rules adopted by the
4-23 commission, or a valid order of the commission to control or clean
4-24 up the oil and gas wastes or other substances or materials. The
4-25 commission may request the attorney general to file suit in any
5-1 court of competent jurisdiction in Travis County to recover these
5-2 costs. Costs recovered under this subsection shall be deposited to
5-3 the oil-field cleanup fund.
5-4 SECTION 2. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended,
5-9 and that this Act take effect and be in force from and after its
5-10 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 635 passed the Senate on
March 13, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 635 passed the House on
May 2, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor