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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on the formation in which certain |
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commercial disposal wells permitted by the Railroad Commission of |
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Texas may inject oil and gas waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 27, Water Code, is amended |
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by adding Section 27.039 to read as follows: |
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Sec. 27.039. RESTRICTION ON CERTAIN COMMERCIAL DISPOSAL |
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WELLS. (a) This section applies only to a commercial disposal |
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well, as defined by the railroad commission, proposed to be located |
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in a county that: |
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(1) has a population of more than 1.4 million; and |
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(2) is located wholly or partly above a |
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hydrocarbon-producing geological formation in which during 2008 |
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the railroad commission issued more than 1,000 drilling permits |
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authorizing gas or other wells to be completed. |
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(b) A permit issued by the railroad commission for a |
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commercial disposal well, as defined by the railroad commission, |
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that authorizes the disposal of oil and gas waste may authorize the |
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disposal of the waste only in the Ellenberger formation or a deeper |
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formation. |
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SECTION 2. The change in law made by this Act applies only |
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to a permit application pending before the Railroad Commission of |
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Texas on or after the effective date of this Act. A permit issued |
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before the effective date of this Act is governed by the law in |
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effect when the permit was issued, and the former law is continued |
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in effect for that purpose. |
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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. |