1-1     By:  Farabee, Clark (Senate Sponsor - Haywood)        H.B. No. 1317
 1-2           (In the Senate - Received from the House May 9, 2001;
 1-3     May 10, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to financial security requirements for certain oil well
 1-9     operators.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 91.104, Natural Resources Code, is
1-12     amended to read as follows:
1-13           Sec. 91.104.  FINANCIAL SECURITY REQUIRED FOR INACTIVE
1-14     OPERATORS AND CERTAIN ACTIVE OPERATORS.  (a)  A person required to
1-15     file a bond or alternate form of financial security under Section
1-16     91.103 who is an inactive operator or who operates one or more land
1-17     wells and is not involved in any other activities that require the
1-18     filing of a bond or alternate form of financial security must file
1-19     a bond, a letter of credit, or a cash deposit at the time of filing
1-20     or renewing an organization report required by Section 91.142 in an
1-21     amount equal to:
1-22                 (1)  $25,000, if the person operates not more than 10
1-23     wells;
1-24                 (2)  $50,000, if the person operates at least 11 but
1-25     not more than 100 wells; or
1-26                 (3)  $250,000, if the person operates more than 100
1-27     wells.
1-28           (b)  In addition to the financial security requirements of
1-29     Subsection (a), a person required to file a bond or alternate form
1-30     of financial security under Section 91.103 who operates one or more
1-31     bay or offshore wells must file the bond, letter of credit, or cash
1-32     deposit at the time of filing or renewing an organization report
1-33     required by Section 91.142 in a reasonable amount established by
1-34     commission rule that exceeds the amount provided by Subsection
1-35     (a)(1), (2), or (3), as applicable.
1-36           (c)  An operator seeking to assume operatorship of an active
1-37     or inactive well must file a bond, letter of credit, or cash
1-38     deposit in the appropriate amount under this section before the
1-39     commission may approve the transfer of operatorship.  A transfer of
1-40     a well from one entity to another entity under common operatorship
1-41     is a transfer for purposes of this subsection.
1-42           (d)  The bond, letter of credit, or cash deposit amounts
1-43     prescribed by this section may be used only for actual well
1-44     plugging and surface remediation.  [BONDS AND ALTERNATE FORMS OF
1-45     FINANCIAL SECURITY.  (a) The commission shall require a bond or an
1-46     alternate form of financial security to be filed with the
1-47     commission as provided by Subsection (b) of this section.]
1-48           [(b)  A person required to file a bond under Section 91.103
1-49     may choose to file:]
1-50                 [(1)  an individual bond as provided under Section
1-51     91.1041;]
1-52                 [(2)  a blanket bond as provided under Section 91.1042;]
1-53                 [(3)  a nonrefundable annual fee of $100, if the person
1-54     can demonstrate to the commission an acceptable record of
1-55     compliance with all commission rules, orders, licenses, permits, or
1-56     certificates that relate to safety or the prevention or control of
1-57     pollution for the previous 48 months and the person and, if a firm,
1-58     partnership, joint stock association, corporation, or other
1-59     organization, its officers, directors, general partners, or owners
1-60     of more than 25 percent ownership interest or any trustee:]
1-61                       [(A)  has no outstanding violations of such
1-62     commission rules, orders, licenses, permits, or certificates;]
1-63                       [(B)  has paid all administrative, civil, and
1-64     criminal penalties, if any, relating to any violation of such
 2-1     commission rules, orders, licenses, permits, or certificates; and]
 2-2                       [(C)  has paid all reimbursements of any costs
 2-3     and expenses incurred by the commission in relation to any
 2-4     violation of such commission rules, orders, licenses, permits, or
 2-5     certificates;]
 2-6                 [(4)  a nonrefundable annual fee equal to three percent
 2-7     of the bond that otherwise would be required; or]
 2-8                 [(5)  to give a first lien on tangible personal
 2-9     property associated with oil and gas production whose salvage value
2-10     equals the value of an individual bond under Section 91.1041 or the
2-11     value of a blanket bond under Section 91.1042 that otherwise would
2-12     be required.]
2-13           [(c)  A person who chooses to file a form of financial
2-14     security other than a bond shall also submit a fee of $100 for each
2-15     application to extend the time to plug a well in accordance with
2-16     Section 85.2021 of this code.]
2-17           SECTION 2.  Section 91.109, Natural Resources Code, is
2-18     amended to read as follows:
2-19           Sec. 91.109.  FINANCIAL SECURITY FOR PERSONS INVOLVED IN
2-20     ACTIVITIES OTHER THAN OPERATION OF WELLS [DISPOSAL SITE BOND]. (a)
2-21     A person applying for or acting under a commission permit to store,
2-22     handle, treat, reclaim, or dispose of oil and gas waste may be
2-23     required by the commission to maintain a performance bond or other
2-24     form of financial security conditioned that the permittee will
2-25     operate and close the storage, handling, treatment, reclamation, or
2-26     disposal site in accordance with state law, commission rules, and
2-27     the permit to operate the site.  However, this section does not
2-28     authorize the commission to require a bond or other form of
2-29     financial security for saltwater disposal pits, emergency saltwater
2-30     storage pits (including blow-down pits), collecting pits, or
2-31     skimming pits provided that such pits are used in conjunction with
2-32     the operation of an individual oil or gas lease.  Subject to the
2-33     refund provisions of Section 91.1091 of this code, proceeds from
2-34     any bond or other form of financial security required by this
2-35     section shall be placed in the oil-field cleanup fund.  Each bond
2-36     or other form of financial security shall be renewed and continued
2-37     in effect until the conditions have been met or release is
2-38     authorized by the commission.
2-39           (b)  In addition to the  financial security requirements of
2-40     Subsection (a) and Section 91.104(b), a person required to file a
2-41     bond or alternate form of financial security under Section 91.103
2-42     who is involved in activities other than the operation of wells
2-43     must file the bond, letter of credit, or cash deposit at the time
2-44     of filing or renewing an organization report required by Section
2-45     91.142 in an amount equal to:
2-46                 (1)  $250,000; or
2-47                 (2)  a lesser amount determined by the commission if
2-48     the person is able to demonstrate that the risk associated with an
2-49     operation or group of operations warrants a lesser amount.
2-50           SECTION 3.  (a)  This Act takes effect immediately if it
2-51     receives a vote of two-thirds of all the members elected to each
2-52     house, as provided by Section 39, Article III, Texas Constitution.
2-53     If this Act does not receive the vote necessary for immediate
2-54     effect, this Act takes effect September 1, 2001.
2-55           (b)  The changes in law made by Sections 91.104(a) and (b)
2-56     and 91.109, Natural Resources Code, as amended by this Act, apply
2-57     only to a person required on or after September 1, 2004, to file a
2-58     bond or alternate financial security under Section 91.103, Natural
2-59     Resources Code.  The changes made by Section 91.104(c), Natural
2-60     Resources Code, as added by this Act, apply on or after the
2-61     effective date of this Act to a person required by that section to
2-62     file a bond, letter of credit, or cash deposit.
2-63                                  * * * * *