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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership and use of carbon dioxide captured by a |
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clean coal project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION . Subtitle D, Title 3, Natural Resources Code, is |
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amended by adding Chapter 119 to read as follows: |
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CHAPTER 119. OWNERSHIP OF CARBON DIOXIDE CAPTURED BY CLEAN COAL |
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PROJECT |
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Sec. 119.001. DEFINITIONS. In this chapter: |
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(1) "Clean coal project" has the meaning assigned by |
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Section 5.001, Water Code. |
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(2) "Commission" means the Railroad Commission of |
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Texas. |
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Sec. 119.002. ACQUISITION OF CARBON DIOXIDE. (a) The |
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commission shall acquire title to carbon dioxide captured by a |
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clean coal project. |
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(b) The right, title, and interest in carbon dioxide |
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acquired under this section are the property of the commission, |
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acting on behalf of the state, and shall be administered and |
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controlled by the commission in the name of the state. |
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(c) A right, title, or interest acquired under this section |
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does not vest in any fund created by the Texas Constitution. |
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Sec. 119.003. TRANSFER COSTS. Carbon dioxide transferred |
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to the state under Section 119.002 shall be transferred to the state |
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without cost, other than administrative and legal costs incurred in |
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making the transfer. |
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Sec. 119.004. LIABILITY. The transfer of title to the state |
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under Section 119.002 does not relieve an owner or operator of a |
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clean coal project of liability for any act or omission regarding |
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the generation of carbon dioxide performed before the carbon |
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dioxide was captured. |
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Sec. 119.005. SALE OF CARBON DIOXIDE FOR BENEFICIAL USE. |
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(a) The commission may sell, for enhanced oil recovery or other |
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beneficial use, carbon dioxide that is: |
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(1) captured by a clean coal project; and |
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(2) not injected for permanent storage in a geologic |
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formation. |
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(b) The commission shall deposit any proceeds from the sale |
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of carbon dioxide under this section to the credit of the general |
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revenue fund. |
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SECTION . This Act takes effect September 1, 2006. |