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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of an application for a permit to dispose of oil |
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and gas waste in a commercial disposal well; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 27.034, Water Code, is amended by adding |
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Subsections (a-1), (a-2), and (a-3) to read as follows: |
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(a-1) In connection with an application for a permit to |
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dispose of oil and gas waste in a commercial disposal well, as |
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defined by the railroad commission, the rules adopted under |
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Subsection (a) must, at a minimum: |
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(1) require the applicant to give notice of the |
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application to: |
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(A) each owner of record of each surface tract |
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that adjoins the tract on which the well is proposed to be located; |
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(B) the commissioners court of the county in |
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which the well is proposed to be located; and |
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(C) any groundwater conservation district in |
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which the well is proposed to be located; |
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(2) require each owner of record of a surface tract who |
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receives notice of the application under Subdivision (1)(A) to give |
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notice of the application to each surface lessee or purchaser under |
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a contract for deed, executory contract, or other executory |
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conveyance of the tract who occupies a residence located on the |
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tract; |
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(3) require the applicant to publish notice of the |
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application in: |
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(A) a newspaper of general circulation in the |
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county in which the well is proposed to be located; and |
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(B) the newspaper that is published in closest |
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proximity to the proposed site of the well; and |
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(4) provide each person who receives notice of the |
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application under Subdivision (1) an opportunity to request a |
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public hearing on the application. |
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(a-2) The failure of a person who receives notice of an |
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application under Subsection (a-1)(1)(A) to give notice of the |
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application to any person to whom the person is required to give |
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notice under Subsection (a-1)(2) does not invalidate any permit |
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issued by the railroad commission. |
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(a-3) The commission is not required to hold more than one |
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public hearing on an application regardless of the number of |
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persons who request a hearing. |
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SECTION 2. Section 27.105(a), Water Code, is amended to |
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read as follows: |
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(a) A person who knowingly or intentionally violates a |
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provision of this chapter under the jurisdiction of the railroad |
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commission, a rule of the railroad commission other than a rule |
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adopted under Section 27.034(a-1)(2), or a term, condition, or |
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provision of a permit issued by the railroad commission under this |
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chapter is subject to a fine of not more than $5,000 for each |
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violation and for each day of violation. A violation under the |
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jurisdiction of the commission is enforceable under Section 7.157. |
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SECTION 3. This Act takes effect September 1, 2009. |