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A BILL TO BE ENTITLED
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AN ACT
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relating to the filing with the state of well logs by operators of |
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oil-related or gas-related wells; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter M, Chapter 91, Natural |
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Resources Code, is amended to read as follows: |
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SUBCHAPTER M. WELL [ELECTRIC] LOGS |
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SECTION 2. Section 91.551(a), Natural Resources Code, is |
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amended by amending Subdivisions (1) and (2) and adding Subdivision |
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(5) to read as follows: |
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(1) "Well" means a well drilled for any purpose |
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related to exploration for or production or storage of oil or gas or |
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both oil and gas, including a well drilled for injection of fluids |
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to enhance hydrocarbon recovery, disposal of produced fluids, |
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disposal of waste from exploration or production activity, or brine |
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mining. The term includes a well that is completed as a dry hole. |
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(2) "Well [Electric] log" means a wireline-conveyed or |
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drill pipe-conveyed survey recorded in an open borehole using |
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electric or radioactive technologies for the purpose of obtaining |
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geological or geophysical information or other information |
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regarding the properties of a reservoir or of the rocks penetrated |
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by the well. The term includes a: |
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(A) spontaneous potential log; |
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(B) induction log; |
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(C) laterolog; |
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(D) density log; |
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(E) gamma ray log; |
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(F) neutron log; or |
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(G) mud log [wireline survey, except dipmeter
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surveys and seismic wireline surveys, run in an open hole or a cased
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hole of a well for purposes of obtaining geological information]. |
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(5) "Mud log" means a graphical representation |
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generated while drilling a well of: |
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(A) the rate of penetration of the well; |
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(B) the lithology, hydrocarbon content, or other |
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properties of the rocks penetrated by the well; or |
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(C) other properties of the drilling of the well |
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or of the mud used in the drilling of the well. |
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SECTION 3. Section 91.552, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.552. WELL [ELECTRIC] LOGS REQUIRED TO BE FILED; |
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CRITERIA. (a) Except as otherwise provided by this subchapter, |
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not later than the 60th [90th] day after the date a drilling |
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operation is completed, the operator shall file with the commission |
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a copy of each well log, including each borehole section of the log, |
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[a basic electric log] run after January 1, 2009 [September 1,
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1985], in conjunction with the drilling or deepening of the well |
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that meets basic criteria established by the commission. |
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(b) The commission by rule shall establish criteria for well |
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[basic electric] logs to be filed with the commission. |
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SECTION 4. The heading to Section 91.553, Natural Resources |
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Code, is amended to read as follows: |
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Sec. 91.553. AVAILABILITY OF WELL [ELECTRIC] LOGS. |
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SECTION 5. Sections 91.553(a), (b), (c), (e), and (f), |
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Natural Resources Code, are amended to read as follows: |
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(a) Except as specifically provided by this section, each |
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well [electric] log filed with the commission under this subchapter |
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is not confidential and is public information under Chapter 552, |
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Government Code. |
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(b) Not later than the date by which a well [an electric] log |
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is required to be filed with the commission under Section 91.552, |
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the operator may file a written request with the commission asking |
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that the well [electric] log remain confidential and not be made |
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available as public information. On filing this request, the well |
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[electric] log or copy of the well [electric] log required to be |
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filed with the commission may be retained by the operator, and the |
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well [electric] log may remain in the possession of the operator for |
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the period of confidentiality and any extension [extensions] of |
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that period. On filing of the request for confidentiality, the |
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well [electric] log becomes confidential and remains confidential |
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for a period of six months [one year] after the date that the |
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drilling operation was completed. |
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(c) If a well [an electric] log is made confidential under |
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Subsection (b), the operator is entitled to have the period of |
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confidentiality extended once for an additional period of six |
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months [two years]. The commission shall grant the six-month |
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[two-year] extension on written request of the operator. The |
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written request must be made to the commission before the six-month |
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[one-year] period of confidentiality under Subsection (b) expires. |
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(e) An operator required to file a well [an electric] log |
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under this section who has held the log during a period of |
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confidentiality or any extension [extensions] of that period shall |
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file the log with the commission within 30 days after the conclusion |
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of the period of confidentiality or the period of the [last] |
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extension. |
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(f) An operator who fails to timely file with the commission |
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a written request under Subsection (b) that a well [an electric] log |
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remain confidential and not be made available as public information |
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or a written request under Subsection (c) [or (d)] for an extension |
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of the period of confidentiality shall file the log with the |
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commission immediately after the conclusion of the period for |
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filing the request. |
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SECTION 6. Section 91.554, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.554. AVAILABILITY OF CONFIDENTIAL WELL [ELECTRIC] |
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LOGS. If the commission requires a well [an electric] log to be |
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filed before the expiration of a period of confidentiality, the |
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commission shall make that well [electric] log available for |
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inspection during the period of confidentiality only to: |
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(1) a person authorized in writing by the operator; |
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and |
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(2) members of the commission and its employees in the |
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exercise of their powers and duties under this code. |
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SECTION 7. Section 91.555, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.555. MANAGEMENT AND STORAGE OF WELL [ELECTRIC] |
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LOGS. The commission may contract with any person for the |
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management and storage of the well [electric] logs filed with the |
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commission. |
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SECTION 8. Section 91.556, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.556. ENFORCEMENT [DENIAL OF ALLOWABLE]. If an |
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operator fails to file a well [an electric] log as required by this |
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subchapter, the commission may: |
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(1) if the well is completed as a producing well, |
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refuse to assign an allowable or a change in allowable for |
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production from the well [for which the electric log is required] |
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until the operator files the well [electric] log with the |
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commission; |
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(2) if the well is completed as a dry hole, refuse to |
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approve the plugging of the well until the operator files the well |
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log with the commission; |
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(3) refuse to release the operator's financial |
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security filed under Subchapter D until the operator files the well |
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log with the commission; |
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(4) require the operator to reenter the well, run a |
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well log, and file the log with the commission; or |
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(5) impose an administrative penalty on the operator |
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in the manner provided by Sections 81.0531-81.0534 in the amount of |
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$15,000 for each well for which the operator failed to file a well |
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log. |
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SECTION 9. Section 91.553(d), Natural Resources Code, is |
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repealed. |
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SECTION 10. Section 552.113(a), Government Code, is amended |
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to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if it is: |
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(1) a well [an electric] log confidential under |
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Subchapter M, Chapter 91, Natural Resources Code; |
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(2) geological or geophysical information or data, |
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including maps concerning wells, except information filed in |
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connection with an application or proceeding before an agency; or |
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(3) confidential under Subsections (c) through (f). |
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SECTION 11. Section 552.113(c)(2), Government Code, is |
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amended to read as follows: |
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(2) "Well ["Basic electric] logs" has the same meaning |
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as it has in Chapter 91, Natural Resources Code. |
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SECTION 12. Sections 552.113(d), (e), and (f), Government |
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Code, are amended to read as follows: |
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(d) Confidential material, except well [basic electric] |
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logs, filed in the General Land Office on or after September 1, |
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1985, is public information and is available to the public under |
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Section 552.021 on and after the later of: |
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(1) five years from the filing date of the |
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confidential material; or |
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(2) one year from the expiration, termination, or |
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forfeiture of the lease in connection with which the confidential |
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material was filed. |
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(e) Well [Basic electric] logs filed in the General Land |
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Office on or after September 1, 1985, are either public information |
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or confidential material to the same extent and for the same periods |
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provided for the same logs by Chapter 91, Natural Resources Code. A |
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person may request that a well [basic electric] log that has been |
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filed in the General Land Office be made confidential by filing with |
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the land office a copy of the written request for confidentiality |
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made to the Railroad Commission of Texas for the same log. |
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(f) The following are public information: |
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(1) well [basic electric] logs filed in the General |
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Land Office before September 1, 1985; and |
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(2) confidential material, except well [basic
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electric] logs, filed in the General Land Office before September |
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1, 1985, provided, that Subsection (d) governs the disclosure of |
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that confidential material filed in connection with a lease that is |
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a valid and subsisting lease on September 1, 1995. |
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SECTION 13. The changes in law made by this Act apply only |
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to a drilling operation that is completed on or after the effective |
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date of this Act. A drilling operation that is completed before the |
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effective date of this Act is subject to the law in effect on the |
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date of completion, and that law is continued in effect for that |
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purpose. |
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SECTION 14. This Act takes effect September 1, 2009. |