SRC-PNG S.B. 812 76(R)BILL ANALYSIS


Senate Research CenterS.B. 812
By: Brown
Natural Resources
6/23/1999
Enrolled


DIGEST 

Currently, the Railroad Commission orders reimbursement of costs for
state-funded cleanup and plugging of oil wells under implied authority.
This bill grants explicit authority to the Railroad Commission to assess
and order reimbursement of well plugging and oil field cleanup costs
incurred by the Railroad Commission through the administrative process. 

PURPOSE

As enrolled, S.B. 812 provides for the recovery by the Railroad Commission
of Texas of well plugging and oil field cleanup costs incurred by the
Railroad Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 89.043, Natural Resources Code, by amending
Subsection (c) and adding Subsection (f), as follows: 

(c) Requires a notice directing a well operator to plug the well to state
that if the Railroad Commission (RRC) plugs the well, RRC is authorized, by
order, to require the operator to reimburse RRC for the plugging costs.
Authorizes RRC to request the attorney general to file suit against the
operator to recover those costs.  Makes conforming and nonsubstantive
changes. 

(f) Authorizes the attorney general to file suit to enforce an order issued
by RRC under Subsection (c)(3)(A), at the request of RRC. 

SECTION 2.  Amends Subsections (h), (i), and (j), Section 89.083, Natural
Resources Code, to authorize RRC, by order, to require the operator and any
nonoperator to reimburse RRC for all reasonable expenses incurred in
plugging a well.  Authorizes the attorney general to file suit to enforce
an order issued by RRC under Subsection (h)(1), at the request of RRC.
Deletes a requirement that RRC seek reimbursement for all reasonable
expenses incurred in plugging any well through an action instituted by the
attorney general.  Redesignates existing Subsections (i) and (j) as
Subsections (j) and (k). 

SECTION 3.  Amends Section 91.113(f), Natural Resources Code, to authorize
RRC, by order, to require any person required to control or clean up oil
and gas wastes or other substances or materials to reimburse RRC for all
oil field cleanup costs incurred by RRC.  Authorizes RRC to request the
attorney general to file suit against the person to recover those costs.
Authorizes the attorney general to file suit, at the request of RRC, to
enforce an order issued by RRC under this subsection. Authorizes a suit
under this subsection to be filed in any court of competent jurisdiction in
Travis County.  Makes nonsubstantive changes. 

SECTION 4.Emergency clause.
Effective date: upon passage.