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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Subchapter M, Chapter 91, Natural Resources Code, is amended to read as
follows:
SUBCHAPTER M. WELL [ELECTRIC]
LOGS
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No
equivalent provision.
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SECTION 2. Sections
91.551(a)(1) and (2), Natural Resources Code, are amended to read as
follows:
(1) "Well" means a
well drilled for any purpose related to exploration for or production or
storage of oil or gas or both oil and gas, including a well drilled for
injection of fluids to enhance hydrocarbon recovery, disposal of produced
fluids, disposal of waste from exploration or production activity, or brine
mining. The term includes a well that is completed as a dry hole.
(2) "Well [Electric]
log" means:
(A) a resistivity log
combined with a spontaneous potential log; or
(B) a gamma ray log
combined with a porosity log [a wireline survey, except dipmeter
surveys and seismic wireline surveys, run in an open hole or a cased hole
of a well for purposes of obtaining geological information].
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No
equivalent provision.
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SECTION 3. Section 91.552,
Natural Resources Code, is amended to read as follows:
Sec. 91.552. WELL [ELECTRIC]
LOGS REQUIRED TO BE FILED; CRITERIA. (a) Except as otherwise provided by
this subchapter, not later than the 90th day after the date a drilling
operation is completed, the operator shall file with the commission a copy
of each well log, including each
borehole section of the log at all depths, [a basic electric log]
run after September 1, 2013 [September 1, 1985], in
conjunction with the drilling or deepening of the well that meets basic
criteria established by the commission. Each well log must be filed with the commission electronically in a
manner acceptable to the commission if the commission has the technological
capability to receive the electronic filing.
(b) The commission by rule
shall establish criteria for well [basic electric] logs to be filed
with the commission.
(c) Not later than the
deadline prescribed by Subsection (a) for the filing of each well log, an operator shall file with the
commission a copy of a cased hole log run after September 1, 2013, in
conjunction with the drilling or deepening of a well in lieu of a well log run after that date if:
(1) a cased hole log was
run; and
(2) a well log was not run.
(d) Nothing in this
subchapter requires an operator to run a well
log in conjunction with the drilling or deepening of a well.
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SECTION 1. Section 91.552,
Natural Resources Code, is amended to read as follows:
Sec. 91.552. ELECTRIC LOGS REQUIRED TO BE FILED;
CRITERIA. (a) Except as otherwise provided by this subchapter, not later
than the 90th day after the date a drilling operation is completed, the
operator shall file with the commission a copy of each electric log, including each borehole
section of the log at all depths, [a basic electric log] run
after September 1, 2013 [September 1, 1985], in conjunction
with the drilling or deepening of the well that meets basic criteria
established by the commission. Each electric
log must be filed with the commission electronically in a manner acceptable
to the commission if the commission has the technological capability to
receive the electronic filing.
(b) The commission by rule
shall establish criteria for [basic]
electric logs to be filed with the commission.
(c) Not later than the
deadline prescribed by Subsection (a) for the filing of each electric log, an operator shall file with
the commission a copy of a cased hole log run after September 1, 2013, in
conjunction with the drilling or deepening of a well in lieu of an electric log run after that date if:
(1) a cased hole log was
run; and
(2) an electric log was not run.
(d) Nothing in this
subchapter requires an operator to run an electric
log in conjunction with the drilling or deepening of a well.
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SECTION 4. The heading to
Section 91.553, Natural Resources Code, is amended to read as follows:
Sec. 91.553. AVAILABILITY OF
WELL [ELECTRIC] LOGS.
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No
equivalent provision.
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SECTION 5. Sections 91.553(a),
(b), and (f), Natural Resources Code, are amended to read as follows:
(a)
Except as specifically provided by this section, each well [electric]
log filed with the commission under this subchapter is not confidential and
is public information under Chapter 552, Government Code.
(b) Not later than the date
by which a well [an electric] log is required to be
filed with the commission under Section 91.552, the operator may file a
written request with the commission asking that the well [electric]
log remain confidential and not be made available as public information. [On filing this request, the electric log or
copy of the electric log required to be filed with the commission may be
retained by the operator, and the electric log may remain in the possession
of the operator for the period of confidentiality and any
extensions of that period.] On filing of the request for
confidentiality, the well [electric] log becomes confidential
and remains confidential for a period of:
(1) three years [one
year] after the date that the drilling operation was completed, if
the well is an onshore well; or
(2) five years after the
date that the drilling operation was completed, if the well is a bay or
offshore well.
(f) An operator who fails to
timely file with the commission a written request under Subsection (b) that
a well [an electric] log remain confidential and not be made
available as public information [or a written request under Subsection
(c) or (d) for an extension of the period of confidentiality] shall
file the log with the commission immediately after the conclusion of the
period for filing the request.
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SECTION 2. Sections
91.553(b), (e), and (f), Natural Resources Code, are amended to read as
follows:
(b) Not later than the date
by which an electric log is required
to be filed with the commission under Section 91.552, the operator may file
a written request with the commission asking that the electric log remain confidential and not be
made available as public information. On
filing this request, the electric log or copy of the electric log required
to be filed with the commission may be retained by the operator, and the
electric log may remain in the possession of the operator for the period of
confidentiality [and any extensions of that period]. On
filing of the request for confidentiality, the electric log becomes confidential and remains confidential for
a period of:
(1) three years [one
year] after the date that the drilling operation was completed, if the
well is an onshore well; or
(2) five years after the
date that the drilling operation was completed, if the well is a bay or
offshore well.
(e)
An operator required to file an electric log under this section who has
held the log during a period of confidentiality [or any extensions of
that period] shall file the log with the commission within 30 days
after the conclusion of the period of confidentiality [or the period of
the last extension].
(f) An operator who fails to
timely file with the commission a written request under Subsection (b) that
an electric log remain confidential
and not be made available as public information [or a written request
under Subsection (c) or (d) for an extension of the period of
confidentiality] shall file the log with the commission immediately
after the conclusion of the period for filing the request.
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SECTION 6. Section 91.554,
Natural Resources Code, is amended to read as follows:
Sec. 91.554. AVAILABILITY OF
CONFIDENTIAL WELL [ELECTRIC] LOGS. The [If the
commission requires an electric log to be filed before the expiration of a
period of confidentiality, the] commission may [shall]
make a confidential well [that electric] log available for
inspection during the period of confidentiality only to:
(1) a person authorized in
writing by the operator; or [and]
(2) members of the
commission and its employees in the exercise of their powers and duties
under this code.
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No
equivalent provision.
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SECTION 7. Section 91.555,
Natural Resources Code, is amended to read as follows:
Sec. 91.555. MANAGEMENT AND
STORAGE OF WELL [ELECTRIC] LOGS. The commission may contract
with any person for the management and storage of the well [electric]
logs filed with the commission.
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No
equivalent provision.
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SECTION 8. Section 91.556,
Natural Resources Code, is amended to read as follows:
Sec. 91.556. ENFORCEMENT
[DENIAL OF ALLOWABLE]. If an operator fails to file a well [an
electric] log as required by this subchapter, the commission may:
(1) if the well is
completed as a producing well, refuse to assign an allowable or a
change in allowable for production from the well [for which the electric log is required] until the
operator files the well [electric] log with the commission;
or
(2) impose an
administrative penalty on the operator in the manner provided by Sections
81.0531-81.0534 in an amount not to exceed
$500 for each well for which the operator failed to file a well log.
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SECTION 3. Section 91.556,
Natural Resources Code, is amended to read as follows:
Sec. 91.556. ENFORCEMENT
[DENIAL OF ALLOWABLE]. If an operator fails to file an electric log as required by this
subchapter, the commission may:
(1) if the well is
completed as a producing well, refuse to assign an allowable or a
change in allowable for production from the well for which the electric log is required until the operator
files the electric log with the
commission; or
(2) impose an
administrative penalty on the operator in the manner provided by Sections
81.0531-81.0534 for each well for which the operator failed to file an electric log.
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SECTION 9. Section
552.113(a), Government Code, is amended to read as follows:
(a) Information is excepted
from the requirements of Section 552.021 if it is:
(1) a well [an
electric] log confidential under Subchapter M, Chapter 91, Natural
Resources Code;
(2) geological or
geophysical information or data, including maps concerning wells, except
information filed in connection with an application or proceeding before an
agency; or
(3) confidential under
Subsections (c) through (f).
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No
equivalent provision.
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SECTION 10. Section
552.113(c)(2), Government Code, is amended to read as follows:
(2) "Well [Basic electric] logs"
has the same meaning as it has in Chapter 91, Natural Resources Code.
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SECTION 4. Section
552.113(c)(2), Government Code, is amended to read as follows:
(2) "Electric [Basic electric]
logs" has the same meaning as it has in Chapter 91, Natural Resources
Code.
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SECTION 11. Sections
552.113(d), (e), and (f), Government Code, are amended to read as follows:
(d) Confidential material,
except well [basic electric] logs, filed in the
General Land Office on or after September 1, 1985, is public information
and is available to the public under Section 552.021 on and after the later
of:
(1) five years from the
filing date of the confidential material; or
(2) one year from the
expiration, termination, or forfeiture of the lease in connection with
which the confidential material was filed.
(e) Well [Basic electric] logs filed
in the General Land Office on or after September 1, 1985, are either public
information or confidential material to the same extent and for the same
periods provided for the same logs by Chapter 91, Natural Resources Code.
A person may request that a well [basic
electric] log that has been filed in the General Land Office be
made confidential by filing with the land office a copy of the written
request for confidentiality made to the Railroad Commission of Texas for
the same log.
(f) The following are public
information:
(1) well [basic
electric] logs filed in the General Land Office before September
1, 1985; and
(2) confidential material,
except well [basic electric] logs, filed in the
General Land Office before September 1, 1985, provided, that Subsection (d)
governs the disclosure of that confidential material filed in connection
with a lease that is a valid and subsisting lease on September 1, 1995.
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SECTION 5. Sections
552.113(d), (e), and (f), Government Code, are amended to read as follows:
(d) Confidential material,
except [basic] electric logs,
filed in the General Land Office on or after September 1, 1985, is public
information and is available to the public under Section 552.021 on and
after the later of:
(1) five years from the
filing date of the confidential material; or
(2) one year from the
expiration, termination, or forfeiture of the lease in connection with
which the confidential material was filed.
(e) Electric [Basic electric] logs
filed in the General Land Office on or after September 1, 1985, are either
public information or confidential material to the same extent and for the
same periods provided for the same logs by Chapter 91, Natural Resources
Code. A person may request that an [a basic] electric log that has been
filed in the General Land Office be made confidential by filing with the
land office a copy of the written request for confidentiality made to the
Railroad Commission of Texas for the same log.
(f) The following are public
information:
(1) [basic] electric logs filed in the General Land Office
before September 1, 1985; and
(2) confidential material,
except [basic] electric logs,
filed in the General Land Office before September 1, 1985, provided, that
Subsection (d) governs the disclosure of that confidential material filed
in connection with a lease that is a valid and subsisting lease on
September 1, 1995.
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SECTION 12. Sections
91.553(c), (d), and (e), Natural
Resources Code, are repealed.
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SECTION 6. Sections
91.553(c) and (d), Natural Resources Code, are repealed.
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SECTION 13. The changes in
law made by this Act apply only to a drilling operation that is completed
on or after the effective date of this Act. A drilling operation that is
completed before the effective date of this Act is subject to the law in
effect on the date of completion, and that law is continued in effect for
that purpose.
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SECTION 7. Same as introduced
version.
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SECTION 14. This Act takes
effect September 1, 2013.
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SECTION 8. Same as introduced
version.
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