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A BILL TO BE ENTITLED
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AN ACT
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relating to the inspection of certain information regarding the |
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production, transportation, sale, and marketing of oil and gas from |
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state land; imposing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.135, Natural Resources Code, is |
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amended by adding Subsections (a-1), (a-2), (a-3), (e), and (f) and |
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amending Subsection (c) to read as follows: |
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(a-1) Not later than the 60th day after the date of receipt |
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of a request from the commissioner, the attorney general, or the |
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governor for information described by Subsection (a), a lessee |
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shall produce the requested information. |
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(a-2) A lessee who is unable to produce requested |
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information in the time required by Subsection (a-1) must, not |
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later than the 30th day after the date of receipt of a request for |
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the information, reply in writing to the requestor and state the |
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reason for the inability to provide the information in the time |
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required and when the information will be available. A requestor |
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who receives a reply under this subsection may extend the deadline |
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for the production of the requested information by written response |
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to the lessee. If the requestor does not extend the deadline, the |
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lessee shall produce the information not later than the later of: |
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(1) the fifth day after the date of receipt of a |
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written response from the requestor rejecting the extension; or |
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(2) the 60th day after the date of receipt of the |
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original request. |
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(a-3) A lessee who withholds requested information on a good |
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faith legal basis must, not later than the 60th day after the date |
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of receipt of a request for the information, provide the requestor |
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with a detailed explanation of the basis for withholding the |
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information. |
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(c) A [The] lessee shall have 30 days from the date of the |
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receipt of an [such] audit billing notice under Subsection (b) or a |
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notice of a penalty assessment under Subsection (e) in which to pay |
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the [such] audit deficiency assessment or penalty or to request a |
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hearing before the commissioner or the commissioner's [his] |
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representative for redetermination of the [such] assessment or to |
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challenge the assessment of the penalty. A statement of grounds |
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setting out in detail the lessee's reasons for disagreement with |
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the [such] assessment or penalty and the factual and legal grounds |
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on which the claim is based must be submitted by a lessee with its |
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request for a hearing. The [Such] hearing shall be conducted in |
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accordance with the rules and procedures established by the |
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commissioner. |
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(e) Except as provided by Subsection (f), the commissioner |
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may assess an administrative penalty against a lessee who fails to |
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produce requested information in the time required under Subsection |
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(a-1) or (a-2) by intentionally withholding information to which |
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the land office is legally entitled. The penalty may not exceed: |
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(1) $100 a day for each day after the deadline for |
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producing the information that the lessee fails to produce the |
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information until the 60th day after the deadline; and |
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(2) $1,000 a day for each day after the 60th day after |
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the deadline for producing the information that the lessee fails to |
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produce the information. |
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(f) The commissioner may not assess a penalty against a |
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lessee who withholds information under Subsection (a-3) until the |
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commissioner determines that the requestor is entitled to the |
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information. |
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SECTION 2. Section 52.135, Natural Resources Code, as |
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amended by this Act, applies only to a request for information made |
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under that section on or after the effective date of this Act. A |
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request for information made under that section before the |
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effective date of this Act is governed by the law in effect on the |
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date of the request, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |