82R4739 JXC-D
 
  By: Davis S.B. No. 1049
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of information regarding hydraulic
  fracturing treatment operations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 91, Natural Resources
  Code, is amended by adding Section 91.020 to read as follows:
         Sec. 91.020.  DISCLOSURE OF INFORMATION REGARDING HYDRAULIC
  FRACTURING TREATMENT OPERATIONS. (a) In this section:
               (1)  "Additive" means any substance or combination of
  substances having a specified purpose that is combined with a base
  fluid and a proppant to create a fracturing fluid.
               (2)  "Chemical Abstracts Service" or "CAS" means the
  chemical registry that is the authoritative collection of disclosed
  chemical substance information.
               (3)  "Chemical constituent" means a discrete chemical
  with its own specific name or identity, such as a CAS number, that
  is contained in an additive.
               (4)  "Hydraulic fracturing treatment" means the
  stimulation of a well by the application of a base stimulation fluid
  containing a proppant with force in order to create artificial
  fractures in a formation for the purpose of improving the well's
  capacity to produce hydrocarbons.
         (b)  The commission shall adopt rules requiring the owner or
  operator of a well on which hydraulic fracturing treatment
  operations have been performed or a person who has performed
  hydraulic fracturing treatment operations on a well to disclose to
  the commission in writing information regarding the operations,
  following the completion of those operations.
         (c)  At a minimum, rules adopted under this section must
  require the owner or operator of the well or the person who performs
  the hydraulic fracturing treatment operations to disclose:
               (1)  the type and volume of the base stimulation fluid
  and proppant used for each stage of the hydraulic fracturing
  treatment operations;
               (2)  the general type of additives used in the
  hydraulic fracturing treatment operations, such as acid, biocide,
  breaker, corrosion inhibitor, crosslinker, demulsifier, friction
  reducer, gel, iron control, oxygen scavenger, pH adjusting agent,
  scale inhibitor, or surfactant;
               (3)  the specific additives used in the hydraulic
  fracturing treatment operations and the actual concentration of
  each additive, expressed as pounds per thousand gallons or gallons
  per thousand gallons;
               (4)  all chemical constituents used in the hydraulic
  fracturing treatment operations and their associated CAS numbers;
  and
               (5)  any documentation necessary to demonstrate the
  accuracy of the information provided.
         (d)  Notwithstanding Subsection (c)(4), if a chemical
  constituent used in a hydraulic fracturing treatment operation and
  its associated CAS number are subject to 42 U.S.C. Section 11042,
  the rules adopted under this section may permit the owner or
  operator of the well or the person who performed the hydraulic
  fracturing treatment operations to withhold the name of the
  chemical constituent and its associated CAS number and, in lieu of
  disclosing the information, submit a claim of entitlement to
  withhold the information and disclose the chemical family
  associated with the chemical constituent and the associated CAS
  number of the chemical family.
         SECTION 2.  The Railroad Commission of Texas shall adopt
  rules under Section 91.020, Natural Resources Code, as added by
  this Act, not later than February 1, 2012.
         SECTION 3.  This Act takes effect September 1, 2011.