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