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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements regarding reporting by a common |
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carrier or pipeline owner or operator of contamination and to the |
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composition of the oil-field cleanup fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.056(a)(2), Natural Resources Code, is |
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amended to read as follows: |
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(2) "Owner of the land" [or "landowner"] means a [the
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first] person who owns [is shown on the appraisal roll of the
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appraisal district established for the county in which a tract of
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land is located as owning] an interest in the surface estate of a |
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tract of [the] land at the time a contamination report is required |
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to be made under this section. |
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SECTION 2. Section 81.056, Natural Resources Code, is |
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amended by adding Subsections (a-1), (a-2), (c-1), and (c-2) and |
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amending Subsections (b) and (d) to read as follows: |
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(a-1) This section does not apply to contamination that is |
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in proximity to: |
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(1) a gathering line; or |
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(2) a pipeline that is located entirely within a tract |
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that is subject to an oil or gas lease. |
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(a-2) A common carrier or an owner or operator of a pipeline |
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is required to report contamination under Subsection (b) unless the |
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common carrier or pipeline owner or operator is required to report |
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the contamination under another statute or under a commission rule |
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adopted under another statute. If the common carrier or pipeline |
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owner or operator is required to report the contamination under |
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another statute or under a commission rule adopted under another |
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statute, the common carrier or pipeline owner or operator is not |
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required to report the contamination under Subsection (b). |
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(b) If in the process of placing, repairing, replacing, or |
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maintaining a pipeline a common carrier or an owner or operator of a |
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pipeline observes or detects any subsurface petroleum-based |
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contamination of soil or water in proximity to the pipeline, the |
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common carrier or pipeline owner or operator shall report the |
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contamination to the commission and to an [the] owner of the land on |
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which the pipeline is located or an occupant of the land. If the |
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common carrier or pipeline owner or operator does not know the |
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identity of an owner of the land, the common carrier or pipeline |
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owner or operator may satisfy the requirement to report the |
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contamination to an owner of the land or an occupant of the land by |
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reporting the contamination to the first person who is shown on the |
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appraisal roll of the appraisal district established for the county |
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in which the land is located as owning an interest in the surface |
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estate of the land at the time the report is required to be made. |
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Petroleum-based contamination of soil or water that is observed or |
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detected is required to be reported under this subsection if: |
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(1) hydrocarbons are present on the surface of the |
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water; |
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(2) at least five linear yards of soil have been |
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affected by hydrocarbons; or |
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(3) soil affected by hydrocarbons extends beyond the |
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face of the excavation in which the contamination is observed or |
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detected. |
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(c-1) Notwithstanding Subsection (c)(1), if the deadline |
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for making the contamination report falls on a Saturday, Sunday, |
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legal holiday, or day on which the appraisal roll of the appraisal |
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district established for the county in which the tract of land is |
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located is not available to the public, the deadline for making the |
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report is extended to the same time on the first day that is not such |
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a day. |
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(c-2) Notwithstanding Subsection (c), the contamination |
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report to an owner of the land or an occupant of the land may be made |
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by first class mail if the common carrier or pipeline owner or |
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operator does not know the telephone number, facsimile number, or |
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electronic mail address of the owner or occupant. The notice must |
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be postmarked not later than the date required by Subsection |
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(c)(1), as extended by Subsection (c-1), if applicable. |
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(d) Not later than the third business day after the date the |
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commission receives the contamination report, a person who has |
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entered into an agreement with the commission to collect samples on |
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behalf of [authorized by] the commission shall withdraw a soil |
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sample from the contaminated land. The person is entitled to enter |
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the land for the purpose of withdrawing the sample. |
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SECTION 3. Section 81.056(e), Natural Resources Code, as |
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added by Chapter 339, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted to read as follows: |
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(e) A common carrier or pipeline owner or operator that |
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makes a contamination report under this section is released from |
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all liability for the contamination or the cleanup of the |
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contamination covered by the report, except for any contamination |
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caused by the common carrier or pipeline owner or operator. |
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SECTION 4. Section 91.111(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The fund consists of: |
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(1) penalties imposed under Section 85.381 for |
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violation of a law, order, or rule relating to well plugging |
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requirements; |
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(2) proceeds from bonds and other financial security |
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required by this chapter and benefits under well-specific plugging |
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insurance policies described by Section 91.104(c) that are paid to |
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the state as contingent beneficiary of the policies, subject to the |
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refund provisions of Section 91.1091, if applicable; |
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(3) private contributions, including contributions |
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made under Section 89.084; |
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(4) expenses collected under Section 89.083; |
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(5) fees imposed under Section 85.2021; |
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(6) civil penalties collected for violations of |
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Chapter 89 or of rules or orders relating to plugging that are |
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adopted under this code; |
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(7) proceeds collected under Sections 89.085 and |
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91.115; |
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(8) interest earned on the funds deposited in the |
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fund; |
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(9) civil penalties or costs recovered under Section |
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91.457 or 91.459; |
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(10) oil and gas waste hauler permit application fees |
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collected under Section 29.015, Water Code; |
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(11) costs recovered under Section 91.113(f); |
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(12) hazardous oil and gas waste generation fees |
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collected under Section 91.605; |
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(13) oil-field cleanup regulatory fees on oil |
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collected under Section 81.116; |
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(14) oil-field cleanup regulatory fees on gas |
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collected under Section 81.117; |
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(15) fees for a reissued certificate collected under |
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Section 85.167; |
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(16) fees collected under Section 91.1013; |
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(17) fees collected under Section 89.088; |
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(18) penalties collected under Section 81.0531; |
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(19) fees collected under Section 91.142; |
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(20) fees collected under Section 91.654; |
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(21) costs recovered under Sections 91.656 and 91.657; |
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(22) two-thirds of the fees collected under Section |
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81.0521; [and] |
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(23) administrative penalties collected under |
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Subchapter E, Chapter 121, Utilities Code; and |
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(24) legislative appropriations. |
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SECTION 5. Subchapter E, Chapter 121, Utilities Code, is |
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amended by adding Section 121.2105 to read as follows: |
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Sec. 121.2105. DEPOSIT OF PENALTY. An administrative |
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penalty collected under this subchapter shall be deposited to the |
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credit of the oil-field cleanup fund. |
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SECTION 6. Section 81.056(g), Natural Resources Code, is |
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repealed. |
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SECTION 7. The changes in law made by this Act to Section |
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81.056, Natural Resources Code, apply only to contamination that a |
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common carrier or an owner or operator of a pipeline observes or |
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detects on or after the effective date of this Act. Contamination |
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that a common carrier or an owner or operator of a pipeline observes |
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or detects before the effective date of this Act is governed by the |
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law as it existed immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 8. Section 81.056(e), Natural Resources Code, as |
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reenacted by this Act, is an exercise of authority under Section |
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66(c), Article III, Texas Constitution, and takes effect only if |
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this Act receives a vote of three-fifths of all the members elected |
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to each house, as provided by Subsection (e) of that section. |
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SECTION 9. This Act takes effect September 1, 2007. |