By:  Haywood                                          S.R. No. 1250
                                  SENATE RESOLUTION
 1-1           BE IT RESOLVED by the Senate of the State of Texas, 77th
 1-2     Legislature, Regular Session, 2001, That Senate Rule 12.03 be
 1-3     suspended in part as provided by Senate Rule 12.08 to enable the
 1-4     conference committee appointed to resolve the differences on House
 1-5     Bill No. 1317, relating to financial security requirements for
 1-6     certain oil well operators, to consider and take action on the
 1-7     following matters:
 1-8           (1)  Senate Rule 12.03(4)  is suspended to permit the
 1-9     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)  Senate Rule 12.03(4)  is suspended to permit the
1-23     committee to add a new section to the bill to read as follows:
1-24           SECTION 2.   Effective September 1, 2004, Section
1-25     89.002(a)(2), Natural Resources Code, is amended to read as
 2-1     follows:
 2-2                 (2)  "Operator" means a person who assumes
 2-3     responsibility for the physical operation and control of a well as
 2-4     shown by a form the person files with the commission and the
 2-5     commission approves.  The commission may not require a person to
 2-6     assume responsibility for a well as a condition to being permitted
 2-7     to assume responsibility for another well.  In the event of a sale
 2-8     or conveyance of an unplugged well or the right to operate an
 2-9     unplugged well, a person ceases being the operator for the purpose
2-10     of Section 89.011 only if the well was in compliance with
2-11     commission rules relating to safety or the prevention or control of
2-12     pollution at the time of sale or conveyance and once the person who
2-13     acquires the well or right to operate the well:
2-14                       (A)  specifically identifies the well as a well
2-15     for which the person assumes plugging responsibility on forms
2-16     required and approved by the commission;
2-17                       (B)  has a commission-approved organization
2-18     report as required by Section 91.142;
2-19                       (C)  has a commission-approved bond, letter of
2-20     credit, or cash deposit [or other form of financial security] under
2-21     Sections 91.103-91.107 covering the well; and
2-22                       (D)  places the well in compliance with
2-23     commission rules.
2-24           This addition is necessary to conform to the amendment of
2-25     Sections 91.103 and 91.104, Natural Resources Code, effective
2-26     September 1, 2004, limiting the permissible forms of financial
 3-1     security to a bond, letter of credit, or cash deposit.
 3-2           (3)  Senate Rule 12.03(4)  is suspended to permit the
 3-3     committee to add a new section to the bill to read as follows:
 3-4           SECTION 3.   Effective September 1, 2004, Section 91.103,
 3-5     Natural Resources Code, is amended to read as follows:
 3-6           Sec. 91.103.  PERSONS REQUIRED TO EXECUTE BOND, LETTER OF
 3-7     CREDIT, OR CASH DEPOSIT [OR ALTERNATE FORM OF FINANCIAL SECURITY].
 3-8     Any person, including any firm, partnership, joint stock
 3-9     association, corporation, or other organization, required to file
3-10     an organization report under Section 91.142 of this code shall
3-11     execute and file with the commission a bond, letter of credit, or
3-12     cash deposit [or alternate form of financial security].
3-13           This addition is necessary to require as of September 1,
3-14     2004, a person who is required to file an organization report to
3-15     execute and file with the railroad commission a bond, letter of
3-16     credit, or cash deposit.
3-17           (4)  Senate Rule 12.03(1)  is suspended to permit the
3-18     committee to change, alter, or amend text that is not in
3-19     disagreement to read as follows:
3-20           SECTION 4.   Sections 91.104(b)  and (c), Natural Resources
3-21     Code, are amended to read as follows:
3-22           (b)  A person required to file a bond or alternate form of
3-23     financial security under Section 91.103 may choose to file:
3-24                 (1)  an individual bond as provided under Section
3-25     91.1041;
3-26                 (2)  a blanket bond as provided under Section 91.1042;
 4-1                 (3)  a letter of credit or cash deposit in the same
 4-2     amount as required for an individual bond under Section 91.1041 or
 4-3     a blanket bond under Section 91.1042;
 4-4                 (4)  a nonrefundable annual fee of $1,000 [$100], if:
 4-5                       (A)  the commission determines that individual
 4-6     and blanket bonds as specified by Subdivisions (1)  and (2)  are
 4-7     not obtainable at reasonable prices; and
 4-8                       (B)  the person can demonstrate to the commission
 4-9     an acceptable record of compliance with all commission rules,
4-10     orders, licenses, permits, or certificates that relate to safety or
4-11     the prevention or control of pollution for the previous 48 months
4-12     and the person and, if a firm, partnership, joint stock
4-13     association, corporation, or other organization, its officers,
4-14     directors, general partners, or owners of more than 25 percent
4-15     ownership interest or any trustee:
4-16                             (i) [(A)]  has no outstanding violations of
4-17     such commission rules, orders, licenses, permits, or certificates;
4-18                             (ii) [(B)]  has paid all administrative,
4-19     civil, and criminal penalties, if any, relating to any violation of
4-20     such commission rules, orders, licenses, permits, or certificates;
4-21     and
4-22                             (iii) [(C)]  has paid all reimbursements of
4-23     any costs and expenses incurred by the commission in relation to
4-24     any violation of such commission rules, orders, licenses, permits,
4-25     or certificates; or
4-26                 (5) [(4)]  a nonrefundable annual fee equal to 12-1/2
 5-1     [three] percent of the bond that otherwise would be required[; or]
 5-2                 [(5)  to give a first lien on tangible personal
 5-3     property associated with oil and gas production whose salvage value
 5-4     equals the value of an individual bond under Section 91.1041 or the
 5-5     value of a blanket bond under Section 91.1042 that otherwise would
 5-6     be required].
 5-7           (c)  A person who chooses to file a form of financial
 5-8     security other than a bond, letter of credit, or cash deposit shall
 5-9     also submit a fee of $100 for each application to extend the time
5-10     to plug a well in accordance with Section 85.2021 [of this code].
5-11           This change is necessary to authorize as of September 1,
5-12     2001, a person to satisfy the financial security requirement by
5-13     filing a bond, letter of credit, cash deposit, nonrefundable annual
5-14     fee of $1,000, or nonrefundable annual fee equal to 12-1/2 percent
5-15     of the bond that would otherwise be required and to require a
5-16     person who chooses to file a form of financial security other than
5-17     a bond, letter of credit, or cash deposit to submit a fee for an
5-18     application for an extension of time to plug a well.
5-19           (5)  Senate Rule 12.03(1)  is suspended to permit the
5-20     committee to change, alter, or amend text that is not in
5-21     disagreement to read as follows:
5-22           SECTION 5.   Effective September 1, 2004, Section 91.104,
5-23     Natural Resources Code, is amended to read as follows:
5-24           Sec. 91.104.  BONDS, LETTERS OF CREDIT, AND CASH DEPOSITS
5-25     [AND ALTERNATE FORMS OF FINANCIAL SECURITY].  (a)  The commission
5-26     shall require a bond, letter of credit, or cash deposit [or an
 6-1     alternate form of financial security] to be filed with the
 6-2     commission as provided by Subsection (b) of this section.
 6-3           (b)  A person required to file a bond, letter of credit, or
 6-4     cash deposit under Section 91.103 who is an inactive operator or
 6-5     who operates one or more wells and is not involved in any other
 6-6     activities that require the filing of a bond, letter of credit, or
 6-7     cash deposit must, at the time of filing or renewing an
 6-8     organization report required by Section 91.142, [may choose to]
 6-9     file:
6-10                 (1)  an individual bond as provided under Section
6-11     91.1041;
6-12                 (2)  a blanket bond as provided under Section 91.1042;
6-13     or
6-14                 (3)  a letter of credit or cash deposit in the same
6-15     amount as required for an individual bond under Section 91.1041 or
6-16     a blanket bond under Section 91.1042 [nonrefundable annual fee of
6-17     $100, if the person can demonstrate to the commission an acceptable
6-18     record of compliance with all commission rules, orders, licenses,
6-19     permits, or certificates that relate to safety or the prevention or
6-20     control of pollution for the previous 48 months and the person and,
6-21     if a firm, partnership, joint stock association, corporation, or
6-22     other organization, its officers, directors, general partners, or
6-23     owners of more than 25 percent ownership interest or any trustee:]
6-24                       [(A)  has no outstanding violations of such
6-25     commission rules, orders, licenses, permits, or certificates;]
6-26                       [(B)  has paid all administrative, civil, and
 7-1     criminal penalties, if any, relating to any violation of such
 7-2     commission rules, orders, licenses, permits, or certificates; and]
 7-3                       [(C)  has paid all reimbursements of any costs
 7-4     and expenses incurred by the commission in relation to any
 7-5     violation of such commission rules, orders, licenses, permits, or
 7-6     certificates;]
 7-7                 [(4)  a nonrefundable annual fee equal to three percent
 7-8     of the bond that otherwise would be required; or]
 7-9                 [(5)  to give a first lien on tangible personal
7-10     property associated with oil and gas production whose salvage value
7-11     equals the value of an individual bond under Section 91.1041 or the
7-12     value of a blanket bond under Section 91.1042 that otherwise would
7-13     be required].
7-14           [(c)  A person who chooses to file a form of financial
7-15     security other than a bond shall also submit a fee of $100 for each
7-16     application to extend the time to plug a well in accordance with
7-17     Section 85.2021 of this code.]
7-18           This change is necessary to authorize as of September 1,
7-19     2004, a person to satisfy the financial security requirement by
7-20     filing a bond, letter of credit, or cash deposit.
7-21           (6)  Senate Rule 12.03(4)  is suspended to permit the
7-22     committee to add new sections to the bill to read as follows:
7-23           SECTION 6.   Section 91.1041, Natural Resources Code, is
7-24     amended to read as follows:
7-25           Sec. 91.1041.  INDIVIDUAL BOND.  (a)  A person required to
7-26     file a bond or alternate form of financial security under Section
 8-1     91.103 who operates one or more wells may file a bond in an amount
 8-2     equal to $2 for each foot of well depth for each well.
 8-3           (b)  Notwithstanding Subsection (a), the commission by rule
 8-4     shall set the amount of the bond for an operator of one or more bay
 8-5     or offshore wells at a reasonable amount that exceeds the amount
 8-6     provided by Subsection (a).
 8-7           SECTION 7.   Effective September 1, 2004, Section 91.1041,
 8-8     Natural Resources Code, is amended to read as follows:
 8-9           Sec. 91.1041.  INDIVIDUAL BOND.  (a)  A person required to
8-10     file a bond, letter of credit, or cash deposit under Section 91.103
8-11     who operates one or more wells may file a bond in an amount equal
8-12     to $2 for each foot of well depth for each well.
8-13           (b)  Notwithstanding Subsection (a), the commission by rule
8-14     shall set the amount of the bond for an operator of one or more bay
8-15     or offshore wells at a reasonable amount that exceeds the amount
8-16     provided by Subsection (a).
8-17           SECTION 8.   Section 91.1042, Natural Resources Code, is
8-18     amended to read as follows:
8-19           Sec. 91.1042.  BLANKET BOND.  (a)  A person required to file
8-20     a bond or alternate form of financial security under Section 91.103
8-21     may file a blanket bond to cover all wells and operations for which
8-22     a bond or alternate form of financial security is required as
8-23     follows:
8-24                 (1)  a person who operates 10 or fewer wells or
8-25     performs other operations shall file a $25,000 blanket bond;
8-26                 (2)  a person who operates more than 10 but fewer than
 9-1     100 wells shall file a $50,000 blanket bond; and
 9-2                 (3)  a person who operates 100 or more wells shall file
 9-3     a $250,000 blanket bond.
 9-4           (b)  Notwithstanding Subsection (a), the commission by rule
 9-5     shall set the amount of the bond for an operator of bay or offshore
 9-6     wells at a reasonable amount that exceeds the amount provided by
 9-7     Subsection (a)(1), (2), or (3), as applicable.
 9-8           SECTION 9.   Effective September 1, 2004, Section 91.1042,
 9-9     Natural Resources Code, is amended to read as follows:
9-10           Sec. 91.1042.  BLANKET BOND.  (a)  A person required to file
9-11     a bond, letter of credit, or cash deposit under Section 91.103 may
9-12     file a blanket bond to cover all wells [and operations] for which a
9-13     bond, letter of credit, or cash deposit is required as follows:
9-14                 (1)  a person who operates 10 or fewer wells [or
9-15     performs other operations] shall file a $25,000 blanket bond;
9-16                 (2)  a person who operates more than 10 but fewer than
9-17     100 wells shall file a $50,000 blanket bond; and
9-18                 (3)  a person who operates 100 or more wells shall file
9-19     a $250,000 blanket bond.
9-20           (b)  Notwithstanding Subsection (a), the commission by rule
9-21     shall set the amount of the bond for an operator of bay or offshore
9-22     wells at a reasonable amount that exceeds the amount provided by
9-23     Subsection (a)(1), (2), or (3), as applicable.
9-24           These additions are necessary to require the railroad
9-25     commission by rule to set the amount of the individual or blanket
9-26     bond for an operator of one or more bay or offshore wells at a
 10-1    reasonable amount that exceeds the amount provided by law for land
 10-2    wells.
 10-3          (7)  Senate Rule 12.03(4)  is suspended to permit the
 10-4    committee to add new sections to the bill to read as follows:
 10-5          SECTION 10.   Effective immediately, Section 91.107, Natural
 10-6    Resources Code, is amended to read as follows:
 10-7          Sec. 91.107.  NEW BOND [OR ALTERNATE FORM OF FINANCIAL
 10-8    SECURITY].  Notwithstanding Section 91.104, if an active or
 10-9    inactive [If a] well [covered by a bond or alternate form of
10-10    financial security] is transferred, sold, or assigned by its
10-11    operator, the commission shall require the party acquiring the well
10-12    to file a new bond [or alternate form of financial security] as
10-13    provided by Section 91.104(b)(1)  or (2) [this subchapter], and the
10-14    [bond or alternate form of] financial security of the prior
10-15    operator shall continue to be required and to remain in effect, and
10-16    the commission may not approve the transfer of operatorship, until
10-17    the new bond [or alternate form of financial security] is provided
10-18    or the commission determines that the bond [financial security]
10-19    previously submitted to the commission by the person acquiring the
10-20    well complies with this subchapter.  A transfer of a well from one
10-21    entity to another entity under common ownership is a transfer for
10-22    purposes of this section.
10-23          SECTION 11.   Effective September 1, 2001, Section 91.107,
10-24    Natural Resources Code, is amended to read as follows:
10-25          Sec. 91.107.  NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT [OR
10-26    ALTERNATE FORM OF FINANCIAL SECURITY].  Notwithstanding Section
 11-1    91.104, if an active or inactive [If a] well [covered by a bond or
 11-2    alternate form of financial security] is transferred, sold, or
 11-3    assigned by its operator, the commission shall require the party
 11-4    acquiring the well to file a new bond, letter of credit, or cash
 11-5    deposit [or alternate form of financial security] as provided by
 11-6    Section 91.104(b)(1), (2), or (3) [this subchapter], and the [bond
 11-7    or alternate form of] financial security of the prior operator
 11-8    shall continue to be required and to remain in effect, and the
 11-9    commission may not approve the transfer of operatorship, until the
11-10    new bond, letter of credit, or cash deposit [or alternate form of
11-11    financial security] is provided or the commission determines that
11-12    the bond, letter of credit, or cash deposit [financial security]
11-13    previously submitted to the commission by the person acquiring the
11-14    well complies with this subchapter.  A transfer of a well from one
11-15    entity to another entity under common ownership is a transfer for
11-16    purposes of this section.
11-17          SECTION 12.   Effective September 1, 2004, Section 91.107,
11-18    Natural Resources Code, is amended to read as follows:
11-19          Sec. 91.107.  NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT [OR
11-20    ALTERNATE FORM OF FINANCIAL SECURITY].  If an active or inactive
11-21    [a] well [covered by a bond or alternate form of financial
11-22    security] is transferred, sold, or assigned by its operator, the
11-23    commission shall require the party acquiring the well to file a new
11-24    bond, letter of credit, or cash deposit [or alternate form of
11-25    financial security] as provided by Section 91.104(b) [this
11-26    subchapter], and the [bond or alternate form of] financial security
 12-1    of the prior operator shall continue to be required and to remain
 12-2    in effect, and the commission may not approve the transfer of
 12-3    operatorship, until the new bond, letter of credit, or cash deposit
 12-4    [or alternate form of financial security] is provided or the
 12-5    commission determines that the bond, letter of credit, or cash
 12-6    deposit [financial security] previously submitted to the commission
 12-7    by the person acquiring the well complies with this subchapter.  A
 12-8    transfer of a well from one entity to another entity under common
 12-9    ownership is a transfer for purposes of this section.
12-10          These additions are necessary to require a person to whom a
12-11    well is transferred to provide a bond if the transfer is made
12-12    before September 1, 2001, or to provide a bond, letter of credit,
12-13    or cash deposit if the transfer is made after that date, before the
12-14    commission approves the transfer and to treat transfers of a well
12-15    from one entity to another entity under common ownership as a
12-16    transfer for purposes of that requirement.
12-17          (8)  Senate Rule 12.03(4)  is suspended to permit the
12-18    committee to add a new section to the bill to read as follows:
12-19          SECTION 13.   Section 91.108, Natural Resources Code, is
12-20    amended to read as follows:
12-21          Sec. 91.108.  DEPOSIT AND USE OF FUNDS.  Subject to the
12-22    refund provisions of Section 91.1091 [of this code], proceeds from
12-23    bonds and other financial security required pursuant to this
12-24    chapter shall be deposited in the oil-field cleanup fund and,
12-25    notwithstanding Sections 91.112 and 91.113, may be used only for
12-26    actual well plugging and surface remediation.
 13-1          This addition is necessary to provide that although proceeds
 13-2    from bonds and other financial security required under Chapter 91,
 13-3    Natural Resources Code, are required to be deposited in the
 13-4    oil-field cleanup fund, they may be used only for actual well
 13-5    plugging and surface remediation.
 13-6          (9)  Senate Rule 12.03(1)  is suspended to permit the
 13-7    committee to change, alter, or amend text that is not in
 13-8    disagreement to read as follows:
 13-9          SECTION 14.   Effective September 1, 2004, Section 91.109,
13-10    Natural Resources Code, is amended to read as follows:
13-11          Sec. 91.109.  FINANCIAL SECURITY FOR PERSONS INVOLVED IN
13-12    ACTIVITIES OTHER THAN OPERATION OF WELLS [DISPOSAL SITE BOND].
13-13    (a)  A person applying for or acting under a commission permit to
13-14    store, handle, treat, reclaim, or dispose of oil and gas waste may
13-15    be required by the commission to maintain a performance bond or
13-16    other form of financial security conditioned that the permittee
13-17    will operate and close the storage, handling, treatment,
13-18    reclamation, or disposal site in accordance with state law,
13-19    commission rules, and the permit to operate the site.  However,
13-20    this section does not authorize the commission to require a bond or
13-21    other form of financial security for saltwater disposal pits,
13-22    emergency saltwater storage pits (including blow-down pits),
13-23    collecting pits, or skimming pits provided that such pits are used
13-24    in conjunction with the operation of an individual oil or gas
13-25    lease.  Subject to the refund provisions of Section 91.1091 of this
13-26    code, proceeds from any bond or other form of financial security
 14-1    required by this section shall be placed in the oil-field cleanup
 14-2    fund.  Each bond or other form of financial security shall be
 14-3    renewed and continued in effect until the conditions have been met
 14-4    or release is authorized by the commission.
 14-5          (b)  In addition to the  financial security requirements of
 14-6    Subsection (a) and Section 91.104(b), a person required to file a
 14-7    bond, letter of credit, or cash deposit under Section 91.103 who is
 14-8    involved in activities other than the operation of wells must file
 14-9    the bond, letter of credit, or cash deposit at the time of filing
14-10    or renewing an organization report required by Section 91.142 in an
14-11    amount equal to:
14-12                (1)  $250,000; or
14-13                (2)  a lesser amount determined by the commission if
14-14    the person is able to demonstrate that the risk associated with an
14-15    operation or group of operations warrants a lesser amount.
14-16          This change is necessary to conform to the limitation of the
14-17    permissible forms of financial security after September 1, 2004, to
14-18    a bond, letter of credit, or cash deposit.
14-19          (10)  Senate Rule 12.03(4)  is suspended to permit the
14-20    committee to add a new section to the bill to read as follows:
14-21          SECTION 15.   Effective September 1, 2004, Section
14-22    85.2021(c), Natural Resources Code, is repealed.
14-23          This change is necessary to conform to the amendment of
14-24    Sections 91.103 and 91.104, Natural Resources Code, effective
14-25    September 1, 2004, limiting the permissible forms of financial
14-26    security to a bond, letter of credit, or cash deposit.  Since a
 15-1    person is required to pay a fee in connection with an application
 15-2    for an extension of time to plug a well unless the person has filed
 15-3    a bond, letter of credit, or cash deposit and by that date those
 15-4    are the only permissible forms of financial security, the provision
 15-5    imposing the requirement to pay the fee may be repealed.
 15-6          (11)  Senate Rule 12.03(1)  is suspended to permit the
 15-7    committee to change, alter, or amend text that is not in
 15-8    disagreement to read as follows:
 15-9          SECTION 16.   (a)  Except as otherwise provided by this Act,
15-10    this Act takes effect September 1, 2001.
15-11          (b)  Section 10 of this Act takes effect immediately if this
15-12    Act receives a vote of two-thirds of all the members elected to
15-13    each house, as provided by Section 39, Article III, Texas
15-14    Constitution.  If this Act does not receive the vote necessary for
15-15    immediate effect, that section does not take effect.
15-16          (c)  The changes in law made by Sections 91.104, 91.107, and
15-17    91.109, Natural Resources Code, as amended by this Act, apply only
15-18    to a person required on or after the effective date of the
15-19    applicable amendment to file a bond or alternate form of financial
15-20    security.  A person required to file a bond or alternate form of
15-21    financial security before that date is governed by the law in
15-22    effect on the date the bond or other security is required to be
15-23    filed, and the former law is continued in effect for that purpose.
15-24          This change is necessary to provide that if the Act does not
15-25    receive the vote necessary for immediate effect, the provision
15-26    regarding transfer of a well that by its terms takes effect
 16-1    immediately does not take effect and to clarify the effect of the
 16-2    provisions governing bonds and alternate forms of financial
 16-3    security on a person required to file financial security before or
 16-4    after the effective dates of those provisions.
 16-5                                 ______________________________________
 16-6                                         President of the Senate
 16-7                                      I hereby certify that the above
 16-8                                 Resolution was adopted by the Senate
 16-9                                 on May 27, 2001, by the following
16-10                                 vote:  Yeas 30, Nays 0, one present
16-11                                 not voting.
16-12                                 ______________________________________
16-13                                         Secretary of the Senate