81R7170 PAM-D
 
  By: King of Parker H.B. No. 3404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to fees imposed by certain counties on operators of gas
  wells and oil and gas waste disposal wells.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 240, Local Government
  Code, is amended by adding Section 240.908 to read as follows:
         Sec. 240.908.  GAS WELL AND OIL AND GAS WASTE DISPOSAL WELL
  IMPACT FEE IN CERTAIN COUNTIES. (a) In this section:
               (1)  "Gas well" has the meaning assigned by Section
  86.002, Natural Resources Code.
               (2)  "Injection well" and "oil and gas waste" have the
  meanings assigned by Section 27.002, Water Code.
               (3)  "Oil and gas waste disposal well" means an
  injection well that is used for the injection of oil and gas waste.
         (b)  This section applies only to a gas well or oil and gas
  waste disposal well located in:
               (1)  a county that:
                     (A)  has a population of 1.4 million or more or is
  adjacent to such a county; and
                     (B)  is located wholly or partly above a
  hydrocarbon-producing geological formation in which during the
  preceding year the Railroad Commission of Texas issued more than
  2,000 drilling permits authorizing gas wells to be completed; or
               (2)  a county:
                     (A)  that has a population of more than 25,000;
                     (B)  that borders another state; and
                     (C)  in which is located a national forest.
         (c)  The commissioners court of a county may impose a fee on
  each operator of a gas well or oil and gas waste disposal well
  located in the county. The fee may be assessed in an amount and on a
  schedule as determined by the commissioners court to adequately
  provide funds to the county for maintaining county roads that
  suffer deterioration caused by activities associated with the
  exploration for or development or production of gas in the county.
         (d)  Funds collected under this section shall be deposited in
  the county's general fund. The funds may be used only for
  maintaining county roads that suffer deterioration caused by
  activities associated with the exploration for or development or
  production of gas in the county.
         SECTION 2.  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, 2009.