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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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Subsection (a-1) 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 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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and |
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(B) the county judge of the county in which the |
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well is proposed to be located; |
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(2) require the applicant to publish notice in the |
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newspaper having the largest circulation in the county in which the |
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well is proposed to be located; |
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(3) require each owner of record of a surface tract who |
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receives notice under Subdivision (1)(A) to give notice to each |
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surface lessee or purchaser under a contract for deed, executory |
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contract, or other executory conveyance of the tract; and |
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(4) provide each person who receives notice under this |
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subsection an opportunity to request a public hearing on the |
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application. |
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SECTION 2. Section 27.105, Water Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] person who |
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knowingly or intentionally violates a provision of this chapter |
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under the jurisdiction of the railroad commission, a rule of the |
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railroad commission, or a term, condition, or provision of a permit |
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issued by the railroad commission under this chapter is subject to a |
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fine of not more than $5,000 for each violation and for each day of |
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violation. |
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(a-1) A person commits an offense if the person knowingly |
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violates a rule of the railroad commission adopted under Section |
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27.034(a-1)(3). An offense under this subsection is a Class C |
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misdemeanor. |
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(a-2) A violation under the jurisdiction of the commission |
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is enforceable under Section 7.157. |
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SECTION 3. This Act takes effect September 1, 2009. |