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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that the operator of an oil or gas well on |
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which a hydraulic fracturing treatment is to be performed mail a |
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list of the chemicals to be used in the treatment to persons |
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residing near the well. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 91.851, Natural Resources |
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Code, is amended to read as follows: |
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Sec. 91.851. PUBLIC DISCLOSURE OF COMPOSITION OF HYDRAULIC |
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FRACTURING FLUIDS FOLLOWING PERFORMANCE OF HYDRAULIC FRACTURING |
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TREATMENT. |
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SECTION 2. Subchapter S, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.852 to read as follows: |
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Sec. 91.852. DISCLOSURE TO NEARBY RESIDENTS OF CHEMICAL |
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INGREDIENTS ANTICIPATED TO BE USED IN HYDRAULIC FRACTURING |
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TREATMENT. (a) The commission by rule shall require an operator of |
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a well on which a hydraulic fracturing treatment is to be performed |
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to mail to each person residing within 500 feet of the well a list of |
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the chemical ingredients that the operator: |
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(1) anticipates will be used in the hydraulic |
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fracturing treatment; and |
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(2) is required to disclose to the commission under |
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Section 91.851. |
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(b) The rules adopted under this section must: |
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(1) require the notice to be mailed not later than the |
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30th day before the date the hydraulic fracturing treatment begins; |
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and |
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(2) prescribe a process by which: |
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(A) the operator may withhold and declare the |
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identity of a chemical ingredient anticipated to be used in the |
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hydraulic fracturing treatment as a trade secret; and |
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(B) a person to whom the notice is required to be |
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mailed may challenge a claim by the operator of entitlement to trade |
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secret protection under Paragraph (A). |
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SECTION 3. Section 91.852, Natural Resources Code, as added |
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by this Act, applies only to a hydraulic fracturing treatment |
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performed on a well for which an initial drilling permit is issued |
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on or after the date the rules adopted by the Railroad Commission of |
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Texas under that section take effect. A hydraulic fracturing |
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treatment performed on a well for which an initial drilling permit |
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is issued before the date the rules take effect is governed by the |
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law as it existed immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 4. The Railroad Commission of Texas shall adopt |
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rules under Section 91.852, Natural Resources Code, as added by |
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this Act, not later than December 1, 2013. |
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SECTION 5. This Act takes effect September 1, 2013. |