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  By: Davis, Nelson  S.B. No. 752
         (In the Senate - Filed February 10, 2009; March 4, 2009,
  read first time and referred to Committee on Natural Resources;
  April 14, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 14, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 752 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a restriction on the formation in which certain
  commercial disposal wells permitted by the Railroad Commission of
  Texas may inject oil and gas waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 27, Water Code, is amended
  by adding Section 27.039 to read as follows:
         Sec. 27.039.  RESTRICTION ON CERTAIN COMMERCIAL DISPOSAL
  WELLS. (a)  This section applies only to a commercial disposal
  well, as defined by the railroad commission, proposed to be located
  in a county that:
               (1)  has a population of more than 1.4 million; and
               (2)  is located wholly or partly above a
  hydrocarbon-producing geological formation in which during 2008
  the railroad commission issued more than 1,000 drilling permits
  authorizing gas or other wells to be completed.
         (b)  A permit issued by the railroad commission for a
  commercial disposal well, as defined by the railroad commission,
  that authorizes the disposal of oil and gas waste may authorize the
  disposal of the waste only in the Ellenberger formation or a deeper
  formation.
         SECTION 2.  The change in law made by this Act applies only
  to a permit application pending before the Railroad Commission of
  Texas on or after the effective date of this Act. A permit issued
  before the effective date of this Act is governed by the law in
  effect when the permit was issued, and the former law is continued
  in effect for that purpose.
         SECTION 3.  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.
 
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