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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for refusing to renew an organization |
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report for an operator that fails to plug an inactive oil or gas |
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well. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.022, Natural Resources Code, is |
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amended by adding Subsections (d), (e), (f), and (g) to read as |
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follows: |
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(d) Before the commission issues an order refusing to renew |
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an operator's organization report under Subsection (c), an |
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authorized commission employee or a person designated by the |
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commission for that purpose must determine whether the operator has |
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failed to comply with the requirements of this subchapter. If the |
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authorized commission employee or designated person determines |
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that the organization report does not qualify for renewal on that |
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ground, the authorized commission employee or designated person |
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must: |
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(1) notify the operator of the determination; |
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(2) provide the operator with a written statement of |
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the reasons the organization report does not qualify for renewal; |
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and |
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(3) notify the operator that the operator has 90 days |
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to comply with the requirements of this subchapter. |
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(e) The authorized commission employee or designated person |
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may grant the operator an additional 45 days to comply with the |
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requirements of this subchapter for good cause shown. |
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(f) After the expiration of the period specified by |
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Subsection (d)(3) as extended under Subsection (e), if applicable, |
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the authorized commission employee or designated person shall |
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determine whether the organization report qualifies for renewal and |
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notify the operator of the determination. If the authorized |
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commission employee or designated person determines that the |
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organization report does not qualify for renewal because the |
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operator has continued to fail to comply with the requirements of |
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this subchapter, the operator, not later than the 30th day after the |
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date of the determination, may request a hearing regarding the |
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determination. |
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(g) If the commission determines following the hearing that |
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the operator has failed to comply with the requirements of this |
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subchapter or the operator fails to file a timely request for a |
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hearing, the commission by order shall refuse to renew the |
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organization report. The organization report remains in effect |
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until the commission's order becomes final. |
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SECTION 2. The changes in law made by this Act apply only to |
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the renewal of an organization report on or after the effective date |
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of this Act. The renewal of an organization report before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |