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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount and use of an administrative penalty imposed |
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by the Railroad Commission of Texas for certain violations that |
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occur in certain populous natural gas producing counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.0531, Natural Resources Code, is |
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amended by amending Subsections (a), (b), and (e) and adding |
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Subsections (a-1), (b-1), (b-2), and (f) to read as follows: |
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(a) In this section, "urban natural gas producing county" |
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means a county: |
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(1) with a population of 650,000 or more; and |
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(2) in which there are more than 2,000 producing gas |
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wells. |
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(a-1) If a person violates provisions of this title which |
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pertain to safety or the prevention or control of pollution or the |
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provisions of a rule, order, license, permit, or certificate which |
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pertain to safety or the prevention or control of pollution and are |
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issued under this title, the person may be assessed a civil penalty |
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by the commission. |
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(b) Except as provided by Subsection (b-1), the [The] |
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penalty may not exceed $10,000 a day for each violation. |
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(b-1) The penalty may not exceed $20,000 a day for each |
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violation that: |
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(1) occurs in a county that is an urban natural gas |
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producing county; and |
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(2) is of a provision of this title that pertains to |
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safety or the prevention or control of pollution. |
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(b-2) Each day a violation continues may be considered a |
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separate violation for purposes of penalty assessments. |
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(e) Except as provided by Subsection (f), a [A] penalty |
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collected under this section shall be deposited to the credit of the |
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oil-field cleanup fund. |
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(f) The portion of the amount of a penalty collected under |
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this section for a violation described by Subsection (b-1) that |
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exceeds $10,000 a day may be appropriated only to the commission to |
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be used for activities and equipment related to the inspection of |
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gas wells in urban natural gas producing counties. |
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SECTION 2. Section 91.111(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The fund consists of: |
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(1) penalties imposed under Section 85.381 for |
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violation of a law, order, or rule relating to well plugging |
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requirements; |
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(2) proceeds from bonds and other financial security |
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required by this chapter and benefits under well-specific plugging |
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insurance policies described by Section 91.104(c) that are paid to |
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the state as contingent beneficiary of the policies, subject to the |
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refund provisions of Section 91.1091, if applicable; |
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(3) private contributions, including contributions |
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made under Section 89.084; |
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(4) expenses collected under Section 89.083; |
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(5) fees imposed under Section 85.2021; |
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(6) civil penalties collected for violations of |
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Chapter 89 or of rules or orders relating to plugging that are |
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adopted under this code; |
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(7) proceeds collected under Sections 89.085 and |
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91.115; |
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(8) interest earned on the funds deposited in the |
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fund; |
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(9) civil penalties or costs recovered under Section |
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91.457 or 91.459; |
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(10) oil and gas waste hauler permit application fees |
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collected under Section 29.015, Water Code; |
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(11) costs recovered under Section 91.113(f); |
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(12) hazardous oil and gas waste generation fees |
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collected under Section 91.605; |
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(13) oil-field cleanup regulatory fees on oil |
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collected under Section 81.116; |
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(14) oil-field cleanup regulatory fees on gas |
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collected under Section 81.117; |
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(15) fees for a reissued certificate collected under |
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Section 91.707; |
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(16) fees collected under Section 91.1013; |
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(17) fees collected under Section 89.088; |
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(18) penalties collected under Section 81.0531, |
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except as otherwise provided by that section; |
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(19) fees collected under Section 91.142; |
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(20) fees collected under Section 91.654; |
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(21) costs recovered under Sections 91.656 and 91.657; |
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(22) two-thirds of the fees collected under Section |
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81.0521; |
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(23) fees collected under Sections 89.024 and 89.026; |
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and |
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(24) legislative appropriations. |
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SECTION 3. The changes in law made by this Act apply only to |
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a violation occurring on or after the effective date of this Act. A |
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violation occurring before the effective date of this Act is |
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subject to the law in effect on the date the violation occurred, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |