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78R13415 JD-F
By: Hardcastle H.B. No. 2766
Substitute the following for H.B. No. 2766:
By: Krusee C.S.H.B. No. 2766
A BILL TO BE ENTITLED
AN ACT
relating to requiring a permit to conduct geochemical or
geophysical exploration activities along certain roadways;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle Z, Title 6, Transportation Code, is
amended by adding Chapter 473 to read as follows:
CHAPTER 473. GEOCHEMICAL AND GEOPHYSICAL EXPLORATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 473.001. PURPOSE. The purpose of this chapter is to
provide compensation to this state and counties of this state for
geochemical or geophysical exploration activities conducted on the
right-of-way of a state or county roadway and to preserve property
contiguous to those rights-of-way.
Sec. 473.002. DEFINITIONS. In this chapter:
(1) "Adjacent land" means land that is contiguous to
the right-of-way of a roadway on which a geochemical or geophysical
exploration activity is conducted.
(2) "Geochemical exploration" means a survey or
investigation conducted to discover or locate oil and gas prospects
by using a technique involving soil sampling and analysis.
(3) "Geophysical exploration" means a survey or
investigation conducted to discover or locate oil and gas prospects
by using a magnetic, gravitational, seismic, or electrical
technique.
Sec. 473.003. NONAPPLICABILITY. This chapter does not
apply to geochemical or geophysical exploration activities that are
conducted:
(1) by air;
(2) inside the corporate limits of a municipality;
(3) in an area consisting of more than 15 separately
owned tracts of land that front one or both sides of any mile of a
roadway; or
(4) on or along any mile-long section of a
right-of-way by a company that:
(A) holds an oil and gas lease or permit covering
all properties contiguous to the right-of-way on which the
exploration activities under the permit are conducted; or
(B) has entered into a contract with a company
described by Paragraph (A).
Sec. 473.004. RULEMAKING AUTHORITY. The commission may
adopt rules that the commission considers appropriate or necessary
to implement or administer this chapter.
[Sections 473.005-473.050 reserved for expansion]
SUBCHAPTER B. EXPLORATION ACTIVITIES ON STATE ROADWAY
RIGHTS-OF-WAY
Sec. 473.051. PERMIT REQUIRED. A person may not conduct
geochemical or geophysical exploration activities on the
right-of-way of a roadway in the state highway system unless the
person holds a permit issued by the department that authorizes
those activities.
Sec. 473.052. APPLICATION FOR PERMIT. (a) An application
for a permit under this chapter must be filed with the department by
the person proposing to conduct the geochemical or geophysical
exploration activities.
(b) An application must be on the form prescribed by the
commission and state the name and address of the geochemical or
geophysical exploration company proposing to conduct the
geochemical or geophysical exploration activities and any other
information required by the commission.
Sec. 473.053. PERMIT FEE. (a) The department shall
impose and collect a fee from an applicant for a permit at a rate of
$650 for each mile of right-of-way on which the applicant proposes
to conduct geochemical or geophysical exploration activities. Only
one fee may be imposed or collected for each set of geochemical or
geophysical activities.
(b) Each fee collected by the department under Subsection
(a) shall be deposited to the credit of the general revenue fund.
Sec. 473.054. NOTICE OF PROPOSED GEOCHEMICAL OR GEOPHYSICAL
EXPLORATION ACTIVITIES. The commission by rule shall require an
applicant for a permit under this subchapter to provide:
(1) the name and address of each owner of the
applicable adjacent land; and
(2) evidence showing that each owner of that adjacent
land has been informed by the applicant of the applicant's intent to
conduct geochemical or geophysical exploration activities on the
applicable right-of-way.
Sec. 473.055. COMPLIANCE REQUIRED. A permit holder under
this chapter shall comply with applicable commission rules.
Sec. 473.056. INFORMATION RELATING TO EXPLORATION
ACTIVITIES. (a) The commission may require:
(1) an applicant for a permit to provide to the
commission information describing the right-of-way and the
location on the right-of-way where the applicant proposes to
conduct the geochemical or geophysical exploration activities
under the permit; or
(2) at the request of the commission, a permit holder
to provide information describing the location on the right-of-way
where the person is conducting geochemical or geophysical
exploration activities under the permit.
(b) The commission may not require a permit holder to
provide interpretive data.
(c) Information collected by the commission under
Subsection (a) or Section 473.054 is for the confidential use of the
commission and the department and may not be disclosed to the public
or another agency of this state, except as directed by court order.
Sec. 473.057. RESTORATION OF DAMAGED PROPERTY. The
commission by rule shall require a permit holder under this chapter
to restore property, including fences, ditches, or water troughs,
that fronts the right-of-way on which the geochemical or
geophysical exploration activities were conducted and was damaged
incidental to those exploration activities, as nearly as possible
to its condition immediately before the exploration activities were
conducted.
Sec. 473.058. DAMAGES TO SURFACE OF RIGHT-OF-WAY. (a) The
commission by rule shall establish procedures for:
(1) the restoration of the surface of a right-of-way
of a roadway damaged by geochemical or geophysical exploration
activities; and
(2) compensation for any damage caused by those
activities.
(b) Subsection (a) does not apply to land covered by
Subtitle F, Title 2, Natural Resources Code.
Sec. 473.059. REVOCATION OF PERMIT. The commission may
revoke a permit issued under this subchapter if the permit holder
violates an applicable rule of the commission or a term of the
permit.
[Sections 473.060-473.100 reserved for expansion]
SUBCHAPTER C. EXPLORATION ACTIVITIES ON COUNTY RIGHTS-OF-WAY
Sec. 473.101. COUNTY RIGHTS-OF-WAY. Except as provided by
Section 473.102, the provisions of Subchapter B applicable to land
that is right-of-way of the state highway system apply equally to
land that is right-of-way of a county road system or is adjacent
land to that right-of-way, to the extent that they can be made
applicable. A reference to the commission in that subchapter means
the commissioners court of a county. A reference to the department
in that subchapter means the county.
Sec. 473.102. DISPOSITION OF FEES. Each fee collected by
the commissioners court of a county for the issuance of a permit
under this subchapter shall be deposited to the credit of the
general fund of the county.
Sec. 473.103. NOTIFICATION TO DEPARTMENT. The
commissioners court of a county may notify the department of each
permit issued under this subchapter.
[Sections 473.104-473.150 reserved for expansion]
SUBCHAPTER D. ADMINISTRATIVE PENALTIES
Sec. 473.151. ADMINISTRATIVE PENALTIES. (a) The
department may impose an administrative penalty against a person
who violates:
(1) this chapter;
(2) a rule of the commission adopted under Subchapter
B;
(3) a rule of the commissioners court of a county
adopted under Subchapter C; or
(4) a term of a permit issued to the person under
Subchapter B or C.
(b) The amount of the administrative penalty may not be less
than $100 or more than $1,000 for each violation. Each day a
violation continues is a separate violation.
SECTION 2. This Act takes effect September 1, 2003.