By Farabee                                            H.R. No. 1399
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                 R E S O L U T I O N
 1-1           BE IT RESOLVED by the House of Representatives of the State
 1-2     of Texas, 77th Legislature, Regular Session, 2001, That House Rule
 1-3     13, Section 9(a), be suspended in part as provided by House Rule
 1-4     13, Section 9(f), to enable the conference committee appointed to
 1-5     resolve the differences on House Bill No. 1317, relating to
 1-6     financial security requirements for certain oil well operators, to
 1-7     consider and take action on the following matters:
 1-8           (1)  House Rule 13, Section 9(a)(4), is suspended to permit
 1-9     the committee to add a new section to the bill to read as follows:
1-10           SECTION 1. Section 85.2021(c), Natural Resources Code, is
1-11     amended to read as follows:
1-12           (c)  With each application for an extension of time to plug a
1-13     well pursuant to commission rules, an applicant shall submit to the
1-14     commission a nonrefundable fee of $100, unless the applicant has
1-15     filed a bond, letter of credit, or cash deposit under Section
1-16     91.104(b)(1), (2), or (3) [under Section 91.1041 or Section 91.1042
1-17     of this code].
1-18           Explanation: This addition is necessary to exempt an
1-19     applicant for an extension of time to plug a well from the
1-20     requirement to pay a fee if the applicant has filed a bond, letter
1-21     of credit, or cash deposit.
1-22           (2)  House Rule 13, Section 9(a)(4), is suspended to permit
1-23     the committee to add a new section to the bill to read as follows:
 2-1           SECTION 2. Effective September 1, 2004, Section 89.002(a)(2),
 2-2     Natural Resources Code, is amended to read as follows:
 2-3                 (2)  "Operator" means a person who assumes
 2-4     responsibility for the physical operation and control of a well as
 2-5     shown by a form the person files with the commission and the
 2-6     commission approves. The commission may not require a person to
 2-7     assume responsibility for a well as a condition to being permitted
 2-8     to assume responsibility for another well.  In the event of a sale
 2-9     or conveyance of an unplugged well or the right to operate an
2-10     unplugged well, a person ceases being the operator for the purpose
2-11     of Section 89.011 only if the well was in compliance with
2-12     commission rules relating to safety or the prevention or control of
2-13     pollution at the time of sale or conveyance and once the person who
2-14     acquires the well or right to operate the well:
2-15                       (A)  specifically identifies the well as a well
2-16     for which the person assumes plugging responsibility on forms
2-17     required and approved by the commission;
2-18                       (B)  has a commission-approved organization
2-19     report as required by Section 91.142;
2-20                       (C)  has a commission-approved bond, letter of
2-21     credit, or cash deposit [or other form of financial security] under
2-22     Sections 91.103-91.107 covering the well; and
2-23                       (D)  places the well in compliance with
2-24     commission rules.
2-25           This addition is necessary to conform to the amendment of
2-26     Sections 91.103 and 91.104, Natural Resources Code, effective
 3-1     September 1, 2004, limiting the permissible forms of financial
 3-2     security to a bond, letter of credit, or cash deposit.
 3-3           (3)  House Rule 13, Section 9(a)(4), is suspended to permit
 3-4     the committee to add a new section to the bill to read as follows:
 3-5           SECTION 3. Effective September 1, 2004, Section 91.103,
 3-6     Natural Resources Code, is amended to read as follows:
 3-7           Sec. 91.103.  PERSONS REQUIRED TO EXECUTE BOND, LETTER OF
 3-8     CREDIT, OR CASH DEPOSIT [OR ALTERNATE FORM OF FINANCIAL SECURITY].
 3-9     Any person, including any firm, partnership, joint stock
3-10     association, corporation, or other organization, required to file
3-11     an organization report under Section 91.142 of this code shall
3-12     execute and file with the commission a bond, letter of credit, or
3-13     cash deposit [or alternate form of financial security].
3-14           This addition is necessary to require as of September 1,
3-15     2004, a person who is required to file an organization report to
3-16     execute and file with the railroad commission a bond, letter of
3-17     credit, or cash deposit.
3-18           (4)  House Rule 13, Section 9(a)(1), is suspended to permit
3-19     the committee to change, alter, or amend text that is not in
3-20     disagreement to read as follows:
3-21           SECTION 4. Sections 91.104(b) and (c), Natural Resources
3-22     Code, are amended to read as follows:
3-23           (b)  A person required to file a bond or alternate form of
3-24     financial security under Section 91.103 may choose to file:
3-25                 (1)  an individual bond as provided under Section
3-26     91.1041;
 4-1                 (2)  a blanket bond as provided under Section 91.1042;
 4-2                 (3)  a letter of credit or cash deposit in the same
 4-3     amount as required for an individual bond under Section 91.1041 or
 4-4     a blanket bond under Section 91.1042;
 4-5                 (4)  a nonrefundable annual fee of $1,000 [$100], if:
 4-6                       (A)  the commission determines that individual
 4-7     and blanket bonds as specified by Subdivisions (1) and (2) are not
 4-8     obtainable at reasonable prices; and
 4-9                       (B)  the person can demonstrate to the commission
4-10     an acceptable record of compliance with all commission rules,
4-11     orders, licenses, permits, or certificates that relate to safety or
4-12     the prevention or control of pollution for the previous 48 months
4-13     and the person and, if a firm, partnership, joint stock
4-14     association, corporation, or other organization, its officers,
4-15     directors, general partners, or owners of more than 25 percent
4-16     ownership interest or any trustee:
4-17                             (i) [(A)]  has no outstanding violations of
4-18     such commission rules, orders, licenses, permits, or certificates;
4-19                             (ii) [(B)]  has paid all administrative,
4-20     civil, and criminal penalties, if any, relating to any violation of
4-21     such commission rules, orders, licenses, permits, or certificates;
4-22     and
4-23                             (iii) [(C)]  has paid all reimbursements of
4-24     any costs and expenses incurred by the commission in relation to
4-25     any violation of such commission rules, orders, licenses, permits,
4-26     or certificates; or
 5-1           (5) [(4)]  a nonrefundable annual fee equal to 12-1/2 [three]
 5-2     percent of the bond that otherwise would be required[; or]
 5-3                 [(5)  to give a first lien on tangible personal
 5-4     property associated with oil and gas production whose salvage value
 5-5     equals the value of an individual bond under Section 91.1041 or the
 5-6     value of a blanket bond under Section 91.1042 that otherwise would
 5-7     be required].
 5-8           (c)  A person who chooses to file a form of financial
 5-9     security other than a bond, letter of credit, or cash deposit shall
5-10     also submit a fee of $100 for each application to extend the time
5-11     to plug a well in accordance with Section 85.2021 [of this code].
5-12           This change is necessary to authorize as of September 1,
5-13     2001, a person to satisfy the financial security requirement by
5-14     filing a bond, letter of credit, cash deposit, nonrefundable annual
5-15     fee of $1,000, or nonrefundable annual fee equal to 12-1/2 percent
5-16     of the bond that would otherwise be required and to require a
5-17     person who chooses to file a form of financial security other than
5-18     a bond, letter of credit, or cash deposit to submit a fee for an
5-19     application for an extension of time to plug a well.
5-20           (5)  House Rule 13, Section 9(a)(1), is suspended to permit
5-21     the committee to change, alter, or amend text that is not in
5-22     disagreement to read as follows:
5-23           SECTION 5. Effective September 1, 2004, Section 91.104,
5-24     Natural Resources Code, is amended to read as follows:
5-25           Sec. 91.104.  BONDS, LETTERS OF CREDIT, AND CASH DEPOSITS
5-26     [AND ALTERNATE FORMS OF FINANCIAL SECURITY]. (a)  The commission
 6-1     shall require a bond, letter of credit, or cash deposit [or an
 6-2     alternate form of financial security] to be filed with the
 6-3     commission as provided by Subsection (b) of this section.
 6-4           (b)  A person required to file a bond, letter of credit, or
 6-5     cash deposit under Section 91.103 who is an inactive operator or
 6-6     who operates one or more wells and is not involved in any other
 6-7     activities that require the filing of a bond, letter of credit, or
 6-8     cash deposit must, at the time of filing or renewing an
 6-9     organization report required by Section 91.142, [may choose to]
6-10     file:
6-11                 (1)  an individual bond as provided under Section
6-12     91.1041;
6-13                 (2)  a blanket bond as provided under Section 91.1042;
6-14     or
6-15                 (3)  a letter of credit or cash deposit in the same
6-16     amount as required for an individual bond under Section 91.1041 or
6-17     a blanket bond under Section 91.1042 [nonrefundable annual fee of
6-18     $100, if the person can demonstrate to the commission an acceptable
6-19     record of compliance with all commission rules, orders, licenses,
6-20     permits, or certificates that relate to safety or the prevention or
6-21     control of pollution for the previous 48 months and the person and,
6-22     if a firm, partnership, joint stock association, corporation, or
6-23     other organization, its officers, directors, general partners, or
6-24     owners of more than 25 percent ownership interest or any trustee:]
6-25                       [(A)  has no outstanding violations of such
6-26     commission rules, orders, licenses, permits, or certificates;]
 7-1                       [(B)  has paid all administrative, civil, and
 7-2     criminal penalties, if any, relating to any violation of such
 7-3     commission rules, orders, licenses, permits, or certificates; and]
 7-4                       [(C)  has paid all reimbursements of any costs
 7-5     and expenses incurred by the commission in relation to any
 7-6     violation of such commission rules, orders, licenses, permits, or
 7-7     certificates;]
 7-8                 [(4)  a nonrefundable annual fee equal to three percent
 7-9     of the bond that otherwise would be required; or]
7-10                 [(5)  to give a first lien on tangible personal
7-11     property associated with oil and gas production whose salvage value
7-12     equals the value of an individual bond under Section 91.1041 or the
7-13     value of a blanket bond under Section 91.1042 that otherwise would
7-14     be required].
7-15           [(c)  A person who chooses to file a form of financial
7-16     security other than a bond shall also submit a fee of $100 for each
7-17     application to extend the time to plug a well in accordance with
7-18     Section 85.2021 of this code.]
7-19           This change is necessary to authorize as of September 1,
7-20     2004, a person to satisfy the financial security requirement by
7-21     filing a bond, letter of credit, or cash deposit.
7-22           (6)  House Rule 13, Section 9(a)(4), is suspended to permit
7-23     the committee to add new sections to the bill to read as follows:
7-24           SECTION 6. Section 91.1041, Natural Resources Code, is
7-25     amended to read as follows:
7-26           Sec. 91.1041.  INDIVIDUAL BOND.  (a)  A person required to
 8-1     file a bond or alternate form of financial security under Section
 8-2     91.103 who operates one or more wells may file a bond in an amount
 8-3     equal to $2 for each foot of well depth for each well.
 8-4           (b)  Notwithstanding Subsection (a), the commission by rule
 8-5     shall set the amount of the bond for an operator of one or more bay
 8-6     or offshore wells at a reasonable amount that exceeds the amount
 8-7     provided by Subsection (a).
 8-8           SECTION 7. Effective September 1, 2004, Section 91.1041,
 8-9     Natural Resources Code, is amended to read as follows:
8-10           Sec. 91.1041.  INDIVIDUAL BOND.  (a)  A person required to
8-11     file a bond, letter of credit, or cash deposit under Section 91.103
8-12     who operates one or more wells may file a bond in an amount equal
8-13     to $2 for each foot of well depth for each well.
8-14           (b)  Notwithstanding Subsection (a), the commission by rule
8-15     shall set the amount of the bond for an operator of one or more bay
8-16     or offshore wells at a reasonable amount that exceeds the amount
8-17     provided by Subsection (a).
8-18           SECTION 8. Section 91.1042, Natural Resources Code, is
8-19     amended to read as follows:
8-20           Sec. 91.1042.  BLANKET BOND.  (a)  A person required to file
8-21     a bond or alternate form of financial security under Section 91.103
8-22     may file a blanket bond to cover all wells and operations for which
8-23     a bond or alternate form of financial security is required as
8-24     follows:
8-25                 (1)  a person who operates 10 or fewer wells or
8-26     performs other operations shall file a $25,000 blanket bond;
 9-1                 (2)  a person who operates more than 10 but fewer than
 9-2     100 wells shall file a $50,000 blanket bond; and
 9-3                 (3)  a person who operates 100 or more wells shall file
 9-4     a $250,000 blanket bond.
 9-5           (b)  Notwithstanding Subsection (a), the commission by rule
 9-6     shall set the amount of the bond for an operator of bay or offshore
 9-7     wells at a reasonable amount that exceeds the amount provided by
 9-8     Subsection (a)(1), (2), or (3), as applicable.
 9-9           SECTION 9. Effective September 1, 2004, Section 91.1042,
9-10     Natural Resources Code, is amended to read as follows:
9-11           Sec. 91.1042.  BLANKET BOND.  (a)  A person required to file
9-12     a bond, letter of credit, or cash deposit under Section 91.103 may
9-13     file a blanket bond to cover all wells [and operations] for which a
9-14     bond, letter of credit, or cash deposit is required as follows:
9-15                 (1)  a person who operates 10 or fewer wells [or
9-16     performs other operations] shall file a $25,000 blanket bond;
9-17                 (2)  a person who operates more than 10 but fewer than
9-18     100 wells shall file a $50,000 blanket bond; and
9-19                 (3)  a person who operates 100 or more wells shall file
9-20     a $250,000 blanket bond.
9-21           (b)  Notwithstanding Subsection (a), the commission by rule
9-22     shall set the amount of the bond for an operator of bay or offshore
9-23     wells at a reasonable amount that exceeds the amount provided by
9-24     Subsection (a)(1), (2), or (3), as applicable.
9-25           These additions are necessary to require the railroad
9-26     commission by rule to set the amount of the individual or blanket
 10-1    bond for an operator of one or more bay or offshore wells at a
 10-2    reasonable amount that exceeds the amount provided by law for land
 10-3    wells.
 10-4          (7)  House Rule 13, Section 9(a)(4), is suspended to permit
 10-5    the committee to add new sections to the bill to read as follows:
 10-6          SECTION 10. Effective immediately, Section 91.107, Natural
 10-7    Resources Code, is amended to read as follows:
 10-8          Sec. 91.107.  NEW BOND [OR ALTERNATE FORM OF FINANCIAL
 10-9    SECURITY].  Notwithstanding Section 91.104, if an active or
10-10    inactive [If a] well [covered by a bond or alternate form of
10-11    financial security] is transferred, sold, or assigned by its
10-12    operator, the commission shall require the party acquiring the well
10-13    to file a new bond [or alternate form of financial security] as
10-14    provided by Section 91.104(b)(1) or (2) [this subchapter], and the
10-15    [bond or alternate form of] financial security of the prior
10-16    operator shall continue to be required and to remain in effect, and
10-17    the commission may not approve the transfer of operatorship, until
10-18    the new bond [or alternate form of financial security] is provided
10-19    or the commission determines that the bond [financial security]
10-20    previously submitted to the commission by the person acquiring the
10-21    well complies with this subchapter.  A transfer of a well from one
10-22    entity to another entity under common ownership is a transfer for
10-23    purposes of this section.
10-24          SECTION 11. Effective September 1, 2001, Section 91.107,
10-25    Natural Resources Code, is amended to read as follows:
10-26          Sec. 91.107.  NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT [OR
 11-1    ALTERNATE FORM OF FINANCIAL SECURITY].  Notwithstanding Section
 11-2    91.104, if an active or inactive [If a] well [covered by a bond or
 11-3    alternate form of financial security] is transferred, sold, or
 11-4    assigned by its operator, the commission shall require the party
 11-5    acquiring the well to file a new bond, letter of credit, or cash
 11-6    deposit [or alternate form of financial security] as provided by
 11-7    Section 91.104(b)(1), (2), or (3) [this subchapter], and the [bond
 11-8    or alternate form of] financial security of the prior operator
 11-9    shall continue to be required and to remain in effect, and the
11-10    commission may not approve the transfer of operatorship, until the
11-11    new bond, letter of credit, or cash deposit [or alternate form of
11-12    financial security] is provided or the commission determines that
11-13    the bond, letter of credit, or cash deposit [financial security]
11-14    previously submitted to the commission by the person acquiring the
11-15    well complies with this subchapter.  A transfer of a well from one
11-16    entity to another entity under common ownership is a transfer for
11-17    purposes of this section.
11-18          SECTION 12. Effective September 1, 2004, Section 91.107,
11-19    Natural Resources Code, is amended to read as follows:
11-20          Sec. 91.107.  NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT [OR
11-21    ALTERNATE FORM OF FINANCIAL SECURITY].  If an active or inactive
11-22    [a] well [covered by a bond or alternate form of financial
11-23    security] is transferred, sold, or assigned by its operator, the
11-24    commission shall require the party acquiring the well to file a new
11-25    bond, letter of credit, or cash deposit [or alternate form of
11-26    financial security] as provided by Section 91.104(b) [this
 12-1    subchapter], and the [bond or alternate form of] financial security
 12-2    of the prior operator shall continue to be required and to remain
 12-3    in effect, and the commission may not approve the transfer of
 12-4    operatorship, until the new bond, letter of credit, or cash deposit
 12-5    [or alternate form of financial security] is provided or the
 12-6    commission determines that the bond, letter of credit, or cash
 12-7    deposit [financial security] previously submitted to the commission
 12-8    by the person acquiring the well complies with this subchapter.  A
 12-9    transfer of a well from one entity to another entity under common
12-10    ownership is a transfer for purposes of this section.
12-11          These additions are necessary to require a person to whom a
12-12    well is transferred to provide a bond if the transfer is made
12-13    before September 1, 2001, or to provide a bond, letter of credit,
12-14    or cash deposit if the transfer is made after that date, before the
12-15    commission approves the transfer and to treat transfers of a well
12-16    from one entity to another entity under common ownership as a
12-17    transfer for purposes of that requirement.
12-18          (8)  House Rule 13, Section 9(a)(4), is suspended to permit
12-19    the committee to add a new section to the bill to read as follows:
12-20          SECTION 13. Section 91.108, Natural Resources Code, is
12-21    amended to read as follows:
12-22          Sec. 91.108.  DEPOSIT AND USE OF FUNDS.  Subject to the
12-23    refund provisions of Section 91.1091 [of this code], proceeds from
12-24    bonds and other financial security required pursuant to this
12-25    chapter shall be deposited in the oil-field cleanup fund and,
12-26    notwithstanding Sections 91.112 and 91.113, may be used only for
 13-1    actual well plugging and surface remediation.
 13-2          This addition is necessary to provide that although proceeds
 13-3    from bonds and other financial security required under Chapter 91,
 13-4    Natural Resources Code, are required to be deposited in the
 13-5    oil-field cleanup fund, they may be used only for actual well
 13-6    plugging and surface remediation.
 13-7          (9)  House Rule 13, Section 9(a)(1), is suspended to permit
 13-8    the committee to change, alter, or amend text that is not in
 13-9    disagreement to read as follows:
13-10          SECTION 14. Effective September 1, 2004, Section 91.109,
13-11    Natural Resources Code, is amended to read as follows:
13-12          Sec. 91.109.  FINANCIAL SECURITY FOR PERSONS INVOLVED IN
13-13    ACTIVITIES OTHER THAN OPERATION OF WELLS [DISPOSAL SITE BOND].  (a)
13-14    A person applying for or acting under a commission permit to store,
13-15    handle, treat, reclaim, or dispose of oil and gas waste may be
13-16    required by the commission to maintain a performance bond or other
13-17    form of financial security conditioned that the permittee will
13-18    operate and close the storage, handling, treatment, reclamation, or
13-19    disposal site in accordance with state law, commission rules, and
13-20    the permit to operate the site.  However, this section does not
13-21    authorize the commission to require a bond or other form of
13-22    financial security for saltwater disposal pits, emergency saltwater
13-23    storage pits (including blow-down pits), collecting pits, or
13-24    skimming pits provided that such pits are used in conjunction with
13-25    the operation of an individual oil or gas lease.  Subject to the
13-26    refund provisions of Section 91.1091 of this code, proceeds from
 14-1    any bond or other form of financial security required by this
 14-2    section shall be placed in the oil-field cleanup fund.  Each bond
 14-3    or other form of financial security shall be renewed and continued
 14-4    in effect until the conditions have been met or release is
 14-5    authorized by the commission.
 14-6          (b)  In addition to the  financial security requirements of
 14-7    Subsection (a)  and Section 91.104(b), a person required to file a
 14-8    bond, letter of credit, or cash deposit under Section 91.103 who is
 14-9    involved in activities other than the operation of wells must file
14-10    the bond, letter of credit, or cash deposit at the time of filing
14-11    or renewing an organization report required by Section 91.142 in an
14-12    amount equal to:
14-13                (1)  $250,000; or
14-14                (2)  a lesser amount determined by the commission if
14-15    the person is able to demonstrate that the risk associated with an
14-16    operation or group of operations warrants a lesser amount.
14-17          This change is necessary to conform to the limitation of the
14-18    permissible forms of financial security after September 1, 2004, to
14-19    a bond, letter of credit, or cash deposit.
14-20          (10)  House Rule 13, Section 9(a)(4), is suspended to permit
14-21    the committee to add a new section to the bill to read as follows:
14-22          SECTION 15. Effective September 1, 2004, Section 85.2021(c),
14-23    Natural Resources Code, is repealed.
14-24          This change is necessary to conform to the amendment of
14-25    Sections 91.103 and 91.104, Natural Resources Code, effective
14-26    September 1, 2004, limiting the permissible forms of financial
 15-1    security to a bond, letter of credit, or cash deposit.  Since a
 15-2    person is required to pay a fee in connection with an application
 15-3    for an extension of time to plug a well unless the person has filed
 15-4    a bond, letter of credit, or cash deposit and by that date those
 15-5    are the only permissible forms of financial security, the provision
 15-6    imposing the requirement to pay the fee may be repealed.
 15-7          (11)  House Rule 13, Section 9(a)(1), is suspended to permit
 15-8    the committee to change, alter, or amend text that is not in
 15-9    disagreement to read as follows:
15-10          SECTION 16. (a)  Except as otherwise provided by this Act,
15-11    this Act takes effect September 1, 2001.
15-12          (b)  Section 10 of this Act takes effect immediately if this
15-13    Act receives a vote of two-thirds of all the members elected to
15-14    each house, as provided by Section 39, Article III, Texas
15-15    Constitution.  If this Act does not receive the vote necessary for
15-16    immediate effect, that section does not take effect.
15-17          (c)  The changes in law made by Sections 91.104, 91.107, and
15-18    91.109, Natural Resources Code, as amended by this Act, apply only
15-19    to a person required on or after the effective date of the
15-20    applicable amendment to file a bond or alternate form of financial
15-21    security.  A person required to file a bond or alternate form of
15-22    financial security before that date is governed by the law in
15-23    effect on the date the bond or other security is required to be
15-24    filed, and the former law is continued in effect for that purpose.
15-25          This change is necessary to provide that if the Act does not
15-26    receive the vote necessary for immediate effect, the provision
 16-1    regarding transfer of a well that by its terms takes effect
 16-2    immediately does not take effect and to clarify the effect of the
 16-3    provisions governing bonds and alternate forms of financial
 16-4    security on a person required to file financial security before or
 16-5    after the effective dates of those provisions.