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A BILL TO BE ENTITLED
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AN ACT
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relating to the resolution of disputes pertaining to the urban |
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drilling of certain oil or gas wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Natural Resources Code, is amended |
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by adding a new subsection (f) to read as follows: |
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(f) At the request of a county with a population of at least |
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800,000 and in which over 2,000 drilling permits were issued in a |
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one-year period, the commission may adopt rules to provide for a |
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communications process to resolve issues that arise from urban |
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drilling. In adopting these rules, the commission shall strive to |
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encourage cooperative and efficient solutions that resolve issues |
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of concern without undue delay to the production of the State's |
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resources. If the commission finds that a county meets the |
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requirements of this subsection and has requested the development |
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of a communications process, the commission shall develop an |
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ongoing communications program to assist communication between a |
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permittee drilling a gas well and any residents who occupy an |
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established residence that is not owned or under lease by the |
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permittee and is located within 300 feet of the proposed well. |
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After determining that the proposed well is to be located within 300 |
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feet of an inhabited, established residence that is not owned or |
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under lease by the permittee, the commission, with county input, |
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may suggest to the permittee |
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(1) alternate routes that would circumvent excessive |
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truck traffic through neighborhoods; |
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(2) equipment management alternatives to reduce truck |
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traffic; or |
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(3) potential noise suppression techniques. |
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If the permittee refuses to adopt the commission suggestions, |
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it must submit a written response to the commission, stating its |
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reasons for denying the suggestions. The commission shall retain |
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any such response for three years, and may make the responses |
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available for public review. If the permittee adopts a portion of |
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the commission suggestions, it must submit a written response to |
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the commission, stating its reasons for denying portions of the |
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request, but may also state any additional actions it has taken to |
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resolve the dispute in addition to or in lieu of the commission's |
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suggestions. |
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SECTION 2. Subsection (f) of Sec. 81.059, Chapter 81, |
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Natural Resources Code, as added by this Act, applies only to an |
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application for a permit to drill a gas well that is filed with the |
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Railroad Commission of Texas on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |