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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the commissioners court of certain |
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counties to regulate certain matters pertaining to gas wells and |
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natural gas compressor stations; imposing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 240, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF GAS WELLS AND COMPRESSOR STATIONS IN |
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CERTAIN COUNTIES |
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Sec. 240.101. APPLICABILITY. This subchapter applies only |
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to a county: |
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(1) that has a population of 100,000 or more; |
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(2) that is located adjacent to a county in which the |
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majority of the populations of two or more municipalities each of |
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which has a population of 300,000 or more are located; and |
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(3) in which 800 or more gas wells are located, as |
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shown in the records of the Railroad Commission of Texas. |
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Sec. 240.102. AUTHORITY TO REGULATE PLACEMENT OF GAS WELLS |
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AND COMPRESSOR STATIONS. The commissioners court of a county by |
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order may prohibit the drilling of a gas well or the construction of |
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a natural gas compressor station in the unincorporated area of the |
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county if the gas well or compressor station is to be located within |
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a specified distance of an established residence or building. |
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Sec. 240.103. AUTHORITY TO REGULATE NOISE LEVEL OF GAS |
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WELLS AND COMPRESSOR STATIONS. The commissioners court of a county |
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by order may regulate the noise level associated with the drilling |
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or operation of a gas well or the construction or operation of a |
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natural gas compressor station in the unincorporated area of the |
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county. |
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Sec. 240.104. AUTHORITY TO REQUIRE PERMITS FOR GAS WELLS |
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AND COMPRESSOR STATIONS. In an order adopted under this |
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subchapter, a commissioners court may: |
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(1) require that a permit be obtained from the county |
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before a gas well may be drilled or a natural gas compressor station |
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may be constructed; and |
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(2) establish a fee in an amount sufficient to cover |
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the cost of issuing the permit. |
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Sec. 240.105. OFFENSE. (a) A person commits an offense if |
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the person violates an order adopted under this subchapter and the |
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order defines the violation as an offense. |
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(b) An offense under this section is prosecuted in the same |
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manner as an offense defined under state law. |
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(c) An offense under this section is a Class C misdemeanor. |
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Sec. 240.106. INJUNCTION. The county attorney or an |
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attorney representing the county may file an action in a district |
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court to enjoin a violation or threatened violation of an order |
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adopted under this subchapter. The court may grant appropriate |
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relief. |
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SECTION 2. This Act takes effect September 1, 2009. |