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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to a surface owner by an oil or gas well operator |
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of the issuance of a permit for certain oil and gas operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 91, Natural Resources Code, is amended |
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by adding Subchapter P to read as follows: |
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SUBCHAPTER P. NOTICE OF PERMIT FOR CERTAIN OIL AND GAS OPERATIONS |
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Sec. 91.701. DEFINITION. In this subchapter, "surface |
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owner" means the first person who is shown on the appraisal roll of |
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the appraisal district established for the county in which a tract |
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of land is located as owning an interest in the surface estate of |
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the land at the time notice is required to be given under this |
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subchapter. |
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Sec. 91.702. APPLICABILITY. This subchapter applies only |
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to the drilling of a new oil or gas well or the reentry of a plugged |
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and abandoned oil or gas well. This subchapter does not apply to: |
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(1) the plugging back, reworking, sidetracking, or |
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deepening of an existing oil or gas well that has not been plugged |
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and abandoned; or |
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(2) the use of a surface location that is the site of |
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an existing oil or gas well that has not been plugged and abandoned |
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to drill a horizontal oil or gas well. |
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Sec. 91.703. NOTICE REQUIRED. (a) Not later than the 15th |
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business day after the date the commission issues an oil or gas well |
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operator a permit to drill a new oil or gas well or to reenter a |
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plugged and abandoned oil or gas well, the operator shall give |
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written notice of the issuance of the permit to the surface owner of |
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the tract of land on which the well is located or is proposed to be |
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located. |
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(b) An oil or gas well operator is not required to give |
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notice under this subchapter to a surface owner if: |
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(1) the operator and the surface owner have entered |
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into an agreement that contains alternative provisions regarding |
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the operator's obligation to give notice of oil and gas operations; |
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or |
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(2) the surface owner has waived in writing the owner's |
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right to notice under this subchapter. |
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Sec. 91.704. ADDRESS FOR NOTICE. The notice must be given |
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to the surface owner at the surface owner's address as shown by the |
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records of the county tax assessor-collector at the time the notice |
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is given. |
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Sec. 91.705. COMMISSION PERMITS AND RIGHTS OF OWNER OF |
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MINERAL ESTATE NOT AFFECTED. (a) This subchapter does not affect |
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the status of any rule of law to the effect that the mineral estate |
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in land is dominant over the surface estate. |
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(b) Failure to give notice as required by this subchapter |
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does not restrict, limit, work as a forfeiture of, or terminate any |
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existing or future permit issued by the commission or right to |
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develop the mineral estate in land. |
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SECTION 2. The change in law made by this Act applies only |
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to oil and gas operations for which a permit is issued on or after |
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October 1, 2007. Oil and gas operations for which a permit is |
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issued before October 1, 2007, are governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |