By Lewis of Orange H.B. No. 3003
76R9226 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the recovery by the Railroad Commission of Texas of
1-3 well plugging and oil field cleanup costs incurred by the
1-4 commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 89.043, Natural Resources Code, is
1-7 amended by amending Subsection (c) and by adding Subsection (f) to
1-8 read as follows:
1-9 (c) On or before the 30th day before the date the commission
1-10 enters into a contract to plug a delinquent inactive well, the
1-11 commission shall send a notice by certified mail to the operator of
1-12 the well at the address last reported to the commission as required
1-13 by Section 91.142 [of this code] and commission rules. The notice
1-14 shall direct the operator to plug the well and shall state that:
1-15 (1) the commission may plug the well unless the
1-16 operator requests a hearing not later than the 10th day after the
1-17 date the operator receives the notice;
1-18 (2) if the commission plugs the well, all well-site
1-19 equipment will be presumed to have been abandoned and the
1-20 commission may dispose of the equipment and hydrocarbons from the
1-21 well as provided by Section 89.085 [of this code]; and
1-22 (3) if the commission plugs the well, the commission:
1-23 (A) by order may require the operator to
1-24 reimburse the commission for the plugging costs; or
2-1 (B) may request the attorney general to [may]
2-2 file suit against the operator to recover those [the plugging]
2-3 costs [if the commission plugs the well and the operator fails to
2-4 reimburse the commission for the plugging costs].
2-5 (f) At the request of the commission, the attorney general
2-6 shall file suit to enforce an order issued by the commission under
2-7 Subsection (c)(3)(A).
2-8 SECTION 2. Sections 89.083(h)-(j), Natural Resources Code,
2-9 are amended to read as follows:
2-10 (h) The commission:
2-11 (1) by order may require the operator and any
2-12 nonoperator to reimburse the commission for all reasonable expenses
2-13 incurred in plugging a well; or
2-14 (2) may request the attorney general to file suit
2-15 against the operator and any nonoperator to recover those expenses.
2-16 (i) At the request of the commission, the attorney general
2-17 shall file suit to enforce an order issued by the commission under
2-18 Subsection (h)(1) [The commission shall seek reimbursement for all
2-19 reasonable expenses incurred in plugging any well through an action
2-20 instituted by the attorney general].
2-21 (j) [(i)] Money collected in a suit under this section shall
2-22 be deposited in the state oil-field cleanup fund.
2-23 (k) [(j)] A civil action for reimbursement under this
2-24 section may be brought in Travis County, the county in which the
2-25 plugged well is located, or the county in which any defendant
2-26 resides.
2-27 SECTION 3. Section 91.113(f), Natural Resources Code, is
3-1 amended to read as follows:
3-2 (f) If the commission conducts a site investigation or
3-3 environmental assessment or controls or cleans up oil and gas
3-4 wastes or other substances or materials under this section, the
3-5 commission may recover all costs incurred by the commission from
3-6 any person who was required by law, rules adopted by the
3-7 commission, or a valid order of the commission to control or clean
3-8 up the oil and gas wastes or other substances or materials. The
3-9 commission by order may require the person to reimburse the
3-10 commission for those costs or [The commission] may request the
3-11 attorney general to file suit against the person to recover those
3-12 costs. At the request of the commission, the attorney general
3-13 shall file suit to enforce an order issued by the commission under
3-14 this subsection. A suit under this subsection may be filed in any
3-15 court of competent jurisdiction in Travis County [to recover these
3-16 costs]. Costs recovered under this subsection shall be deposited
3-17 to the oil-field cleanup fund.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.