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A BILL TO BE ENTITLED
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AN ACT
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relating to safety and financial responsibility in the operating of |
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oil and gas wells; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 89.002, Natural |
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Resources Code, is amended by adding Subdivision (9) to read as |
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follows: |
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(9) "Responsible party" means any person who assumed |
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responsibility for operating the well prior to the current |
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operator, as shown by forms filed at the commission. |
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SECTION 2. Subchapter B, Chapter 89, Natural Resources |
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Code, is amended by adding Section 89.013 to read as follows: |
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Sec. 89.013. DUTY OF A RESPONSIBLE PARTY. If the operator |
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of a well fails to comply with Section 89.011 and the nonoperators |
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fail to comply with Section 89.012, the responsible party assumes |
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the duty to plug the well in accordance with Section 89.011. If |
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there is more than one responsible party, the responsible parties |
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are jointly and severally liable for their proportionate share of |
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the cost of plugging the well and for reimbursing the commission for |
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the cost of enforcing this section. |
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SECTION 3. Section 89.042, Natural Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) If the nonoperators cannot be found, or if they lack the |
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assets or refuse to plug the well under Subsection (b), the |
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commission shall order the responsible parties to plug the well |
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according to the rules of the commission in effect at the time the |
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order is issued. |
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SECTION 4. Subsection (a), Section 91.002, Natural |
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Resources Code, is amended to read as follows: |
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(a) A person who wilfully or with criminal negligence |
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violates Section 91.101 or 91.019 [of this code] or a rule, order, |
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or permit of the commission issued under either [that] section |
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commits an offense. |
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SECTION 5. Subchapter B, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.019 to read as follows: |
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Sec. 91.019. ELECTRIC LINES. (a) An operator must ensure |
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that electric lines associated with the operator's oil or gas wells |
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do not present an unreasonable risk of causing a fire. |
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(b) An operator must ensure that all electric lines |
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associated with oil or gas wells are properly connected to |
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equipment that requires a source of power. Live electric lines |
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shall at no time be left in contact with the ground while unattached |
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to equipment that requires a source of power. |
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SECTION 6. Subsection (e), Section 89.011, Natural |
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Resources Code, is repealed. |
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SECTION 7. Section 89.013, Natural Resources Code, as added |
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by this Act, applies only to the sale or conveyance of a working |
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interest in or a right to operate an unplugged oil or gas well |
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executed on or after the effective date of this Act. A sale or |
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conveyance executed before the effective date of this Act is |
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governed by the law in effect on that date, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |