Amend CSHB 2259 (House Committee Printing) as follows:
(1) In the recital to SECTION 1 of the bill (page 1, line 6), strike "and (13)" and substitute "(13), and (14)".
(2) In SECTION 1 of the bill, following proposed Section
89.002(a)(13), Natural Resources Code (page 2, following line 18),
add the following:
(14) "Responsible party" means any person who assumed
responsibility for operating a well before the current operator, as
shown by forms filed with the commission.
(3) Add the following SECTIONS to the bill, appropriately
numbered, and renumber the subsequent SECTIONS of the bill
accordingly:
SECTION ____. Subchapter B, Chapter 89, Natural Resources
Code, is amended by adding Section 89.013 to read as follows:
Sec. 89.013. DUTY OF RESPONSIBLE PARTY. (a) If the
operator of a well fails to comply with Section 89.011 and the
nonoperators fail to comply with Section 89.012, each responsible
party assumes the duty to plug the well in accordance with Section
89.011. If there is more than one responsible party, each
responsible party is liable for the cost of plugging the well and
for reimbursing the commission for the cost of enforcing this
section, provided that each responsible party who bears all or part
of the costs of plugging the well and enforcement of this section
has a claim against:
(1) the defaulting operator and nonoperators for the
entire amount spent by the responsible party; and
(2) the other responsible parties for their
proportionate shares of the costs of plugging the well and
enforcement of this section.
(b) In lieu of liability for plugging the well in accordance
with Subsection (a), a responsible party may elect to submit a
supplemental bond, letter of credit, or cash deposit to the
commission in the amount necessary for the entire cost of plugging
the well and enforcing this section to be covered by current and
enforceable bonds, letters of credit, or cash deposits.
(c) The commission may consider the cost of enforcing this
section when determining an operator's proportionate share.
SECTION ____. Section 89.042, Natural Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) If the nonoperators cannot be found, or if they lack the
assets or refuse to plug the well under Subsection (b), the
commission shall order the responsible parties to plug the well
according to the rules of the commission in effect at the time the
order is issued.
SECTION ____. Section 91.002(a), Natural Resources Code, is
amended to read as follows:
(a) A person who wilfully or with criminal negligence
violates Section 91.019 or 91.101 [of this code] or a rule, order,
or permit of the commission issued under one of those sections [that
section] commits an offense.
SECTION ____. Subchapter B, Chapter 91, Natural Resources
Code, is amended by adding Section 91.019 to read as follows:
Sec. 91.019. ELECTRIC LINES. (a) An operator must ensure
that electric lines associated with the operator's oil or gas wells
do not present an unreasonable risk of causing a fire.
(b) An operator must ensure that all electric lines
associated with the operator's oil or gas wells are properly
connected to equipment that requires a source of power. Live
electric lines may not at any time be left in contact with the
ground while unattached to equipment that requires a source of
power.
SECTION ____. Section 89.011(e), Natural Resources Code, is
repealed.