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AN ACT
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relating to the filing with the state of electric logs by operators |
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of oil-related or gas-related wells; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.552, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.552. ELECTRIC LOGS REQUIRED TO BE FILED; CRITERIA. |
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(a) Except as otherwise provided by this subchapter, not later than |
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the 90th day after the date a drilling operation is completed, the |
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operator shall file with the commission a copy of each electric log, |
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including each borehole section of the log at all depths, [a basic
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electric log] run after September 1, 2013 [September 1, 1985], in |
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conjunction with the drilling or deepening of the well that meets |
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basic criteria established by the commission. Each electric log |
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must be filed with the commission electronically in a manner |
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acceptable to the commission if the commission has the |
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technological capability to receive the electronic filing. |
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(b) The commission by rule shall establish criteria for |
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[basic] electric logs to be filed with the commission. |
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(c) Not later than the deadline prescribed by Subsection (a) |
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for the filing of each electric log, an operator shall file with the |
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commission a copy of a cased hole log run after September 1, 2013, |
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in conjunction with the drilling or deepening of a well in lieu of |
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an electric log run after that date if: |
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(1) a cased hole log was run; and |
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(2) an electric log was not run. |
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(d) Nothing in this subchapter requires an operator to run |
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an electric log in conjunction with the drilling or deepening of a |
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well. |
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SECTION 2. Sections 91.553(b), (e), and (f), Natural |
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Resources Code, are amended to read as follows: |
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(b) Not later than the date by which an electric log is |
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required to be filed with the commission under Section 91.552, the |
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operator may file a written request with the commission asking that |
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the electric log remain confidential and not be made available as |
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public information. On filing this request, the electric log or |
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copy of the electric log required to be filed with the commission |
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may be retained by the operator, and the electric log may remain in |
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the possession of the operator for the period of confidentiality |
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[and any extensions of that period]. On filing of the request for |
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confidentiality, the electric log becomes confidential and remains |
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confidential for a period of: |
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(1) three years [one year] after the date that the |
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drilling operation was completed, if the well is an onshore well; or |
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(2) five years after the date that the drilling |
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operation was completed, if the well is a bay or offshore well. |
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(e) An operator required to file an electric log under this |
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section who has held the log during a period of confidentiality [or
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any extensions of that period] shall file the log with the |
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commission within 30 days after the conclusion of the period of |
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confidentiality [or the period of the last extension]. |
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(f) An operator who fails to timely file with the commission |
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a written request under Subsection (b) that an electric log remain |
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confidential and not be made available as public information [or a
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written request under Subsection (c) or (d) for an extension of the
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period of confidentiality] shall file the log with the commission |
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immediately after the conclusion of the period for filing the |
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request. |
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SECTION 3. Section 91.556, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.556. ENFORCEMENT [DENIAL OF ALLOWABLE]. If an |
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operator fails to file an electric log as required by this |
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subchapter, the commission may: |
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(1) if the well is completed as a producing well, |
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refuse to assign an allowable or a change in allowable for |
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production from the well for which the electric log is required |
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until the operator files the electric log with the commission; or |
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(2) impose an administrative penalty on the operator |
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in the manner provided by Sections 81.0531-81.0534 for each well |
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for which the operator failed to file an electric log. |
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SECTION 4. Section 552.113(c)(2), Government Code, is |
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amended to read as follows: |
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(2) "Electric [Basic electric] logs" has the same |
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meaning as it has in Chapter 91, Natural Resources Code. |
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SECTION 5. Sections 552.113(d), (e), and (f), Government |
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Code, are amended to read as follows: |
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(d) Confidential material, except [basic] electric logs, |
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filed in the General Land Office on or after September 1, 1985, is |
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public information and is available to the public under Section |
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552.021 on and after the later of: |
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(1) five years from the filing date of the |
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confidential material; or |
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(2) one year from the expiration, termination, or |
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forfeiture of the lease in connection with which the confidential |
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material was filed. |
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(e) Electric [Basic electric] logs filed in the General Land |
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Office on or after September 1, 1985, are either public information |
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or confidential material to the same extent and for the same periods |
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provided for the same logs by Chapter 91, Natural Resources Code. A |
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person may request that an [a basic] electric log that has been |
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filed in the General Land Office be made confidential by filing with |
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the land office a copy of the written request for confidentiality |
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made to the Railroad Commission of Texas for the same log. |
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(f) The following are public information: |
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(1) [basic] electric logs filed in the General Land |
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Office before September 1, 1985; and |
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(2) confidential material, except [basic] electric |
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logs, filed in the General Land Office before September 1, 1985, |
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provided, that Subsection (d) governs the disclosure of that |
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confidential material filed in connection with a lease that is a |
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valid and subsisting lease on September 1, 1995. |
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SECTION 6. Sections 91.553(c) and (d), Natural Resources |
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Code, are repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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a drilling operation that is completed on or after the effective |
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date of this Act. A drilling operation that is completed before the |
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effective date of this Act is subject to the law in effect on the |
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date of completion, and that law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 878 was passed by the House on April |
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18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 878 was passed by the Senate on May |
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15, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |