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