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Amend HB 3328 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____. Subchapter D, Chapter 91, Natural Resources Code, is amended by adding Section 91.118 to read as follows:

Sec. 91.118. HYDRAULIC FRACTURING ADVISORY COMMITTEE. (a) The commission shall establish an advisory committee to study and evaluate hydraulic fracturing activities performed by or on behalf of operators of oil and gas wells in this state, including:

(1) the methods and technology used in performing the activities;

(2) the benefits of the activities;

(3) the long-term and short-term risks associated with the activities;

(4) the effect of the activities on the water supply;

(5) the use of water recycling in the activities;

(6) methods of minimizing water use in performing the activities; and

(7) the manner in which the commission may most effectively regulate the activities.

(b) The committee consists of the following nine members appointed by the commission:

(1) two representatives of environmental organizations;

(2) two representatives of the oil and gas industry;

(3) two representatives of an institution of higher education with experience and knowledge in the area of hydraulic fracturing activities;

(4) two public members who reside in an area affected by hydraulic fracturing activities; and

(5) one hydrologist.

(c) The commission shall determine the length of the members' terms and shall appoint a member of the committee to serve as the committee's presiding officer.

(d) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the committee or to the appointment of the committee's presiding officer.

(e) The committee shall meet at least once each year and may meet at other times at the call of the commission or the committee's presiding officer.

(f) The committee shall:

(1) coordinate with the commission as necessary; and

(2) submit to the commission an annual report of its findings.

SECTION ____. Not later than January 1, 2012, the Railroad Commission of Texas shall appoint the members of the hydraulic fracturing advisory committee established under Section 91.118, Natural Resources Code, as added by this Act.