|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice of an application for a permit to dispose of oil |
|
|
and gas waste in a commercial disposal well; creating an offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 27.034, Water Code, is amended by adding |
|
|
Subsections (a-1), (a-2), and (a-3) to read as follows: |
|
|
(a-1) In connection with an application for a permit to |
|
|
dispose of oil and gas waste in a commercial disposal well, as |
|
|
defined by the railroad commission, the rules adopted under |
|
|
Subsection (a) must, at a minimum: |
|
|
(1) require the applicant to give notice of the |
|
|
application to: |
|
|
(A) each owner of record of each surface tract |
|
|
that adjoins the tract on which the well is proposed to be located; |
|
|
(B) the commissioners court of the county in |
|
|
which the well is proposed to be located; and |
|
|
(C) any groundwater conservation district in |
|
|
which the well is proposed to be located; |
|
|
(2) require each owner of record of a surface tract who |
|
|
receives notice of the application under Subdivision (1)(A) to give |
|
|
notice of the application to each surface lessee or purchaser under |
|
|
a contract for deed, executory contract, or other executory |
|
|
conveyance of the tract who occupies a residence located on the |
|
|
tract; |
|
|
(3) require the applicant to publish notice of the |
|
|
application in: |
|
|
(A) a newspaper of general circulation in the |
|
|
county in which the well is proposed to be located; and |
|
|
(B) the newspaper that is published in closest |
|
|
proximity to the proposed site of the well; and |
|
|
(4) provide each person who receives notice of the |
|
|
application under Subdivision (1) an opportunity to request a |
|
|
public hearing on the application. |
|
|
(a-2) The failure of a person who receives notice of an |
|
|
application under Subsection (a-1)(1)(A) to give notice of the |
|
|
application to any person to whom the person is required to give |
|
|
notice under Subsection (a-1)(2) does not invalidate any permit |
|
|
issued by the railroad commission. |
|
|
(a-3) The commission is not required to hold more than one |
|
|
public hearing on an application regardless of the number of |
|
|
persons who request a hearing. |
|
|
SECTION 2. Section 27.105(a), Water Code, is amended to |
|
|
read as follows: |
|
|
(a) A person who knowingly or intentionally violates a |
|
|
provision of this chapter under the jurisdiction of the railroad |
|
|
commission, a rule of the railroad commission other than a rule |
|
|
adopted under Section 27.034(a-1)(2), or a term, condition, or |
|
|
provision of a permit issued by the railroad commission under this |
|
|
chapter is subject to a fine of not more than $5,000 for each |
|
|
violation and for each day of violation. A violation under the |
|
|
jurisdiction of the commission is enforceable under Section 7.157. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |