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  80R20887 SMH-F
 
  By: Duncan S.B. No. 1574
 
  Substitute the following for S.B. No. 1574:
 
  By:  Hardcastle C.S.S.B. No. 1574
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation by the Railroad Commission of Texas of
  the use of the surface of land in connection with certain activities
  associated with the exploration, development, or production of oil
  or gas.
         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. MISCELLANEOUS PROVISIONS REGARDING USE OF SURFACE OF
  LAND IN CONNECTION WITH OIL AND GAS-RELATED ACTIVITIES
         Sec. 91.701.  STANDARDS FOR CONSTRUCTION, OPERATION, AND
  MAINTENANCE OF ELECTRICAL POWER LINES. (a)  An operator shall
  construct, operate, and maintain an electrical power line serving a
  well site or other surface facility employed in operations incident
  to oil and gas development and production in accordance with the
  National Electrical Code published by the National Fire Protection
  Association and adopted by the Texas Commission of Licensing and
  Regulation under Chapter 1305, Occupations Code.
         (b)  An operator shall de-energize an electrical power line
  to an inactive well or other inactive well-site equipment not later
  than the 90th day after the date the well or well-site equipment
  becomes inactive.  The operator may re-energize a line to an
  inactive well or other inactive well-site equipment to restore
  production from the well, to monitor or control the well, or if the
  commission approves re-energizing the line.
         (c)  The commission shall post on the commission's website
  information regarding the standards for construction, operation,
  and maintenance of electrical power lines described by Subsection
  (a) that is sufficient to inform an operator regarding how to comply
  with this section.
         SECTION 2.  The Railroad Commission of Texas shall adopt
  rules to implement Subchapter P, Chapter 91, Natural Resources
  Code, as added by this Act, not later than January 1, 2008.
         SECTION 3.  An operator is not required to comply with
  Section 91.701, Natural Resources Code, as added by this Act, until
  the second anniversary of the date the Railroad Commission of Texas
  complies with Subsection (c) of that section.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.