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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to regulate the |
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exploration for and development and production of natural gas; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 240, Local Government |
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Code, is amended by adding Section 240.910 to read as follows: |
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Sec. 240.910. REGULATION OF EXPLORATION FOR AND DEVELOPMENT |
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AND PRODUCTION OF NATURAL GAS IN CERTAIN COUNTIES. (a) This |
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section applies only to a county with a population of 1.4 million or |
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more in which two or more municipalities with a population of |
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300,000 or more are located. |
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(b) To protect public health, safety, or welfare, the |
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commissioners court of a county subject to this section by order may |
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regulate the exploration for and development and production of |
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natural gas in the unincorporated area of the county by |
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establishing reasonable and uniform regulations for operations |
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relating to exploring and drilling for, developing, producing, |
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transporting, and storing natural gas and other substances produced |
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in association with natural gas, including regulations to: |
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(1) minimize the potential impact to surface owners |
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and mineral rights owners; |
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(2) protect the quality of the environment; and |
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(3) encourage the orderly production of available |
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mineral resources. |
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(c) A person commits an offense if the person violates an |
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order adopted under this section and the order defines the |
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violation as an offense. An offense under this section is |
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prosecuted in the same manner as an offense defined under state law. |
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(d) The county attorney or an attorney representing the |
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county may file an action in district court to enjoin a violation or |
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threatened violation of an order adopted under this section. The |
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court may grant appropriate relief. |
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SECTION 2. 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. |