| |
| |
| |
|
|
AN ACT
|
|
|
relating to the treatment and recycling for beneficial use of |
|
|
certain waste arising out of or incidental to the drilling for or |
|
|
production of oil or gas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle D, Title 3, Natural Resources Code, is |
|
|
amended by adding Chapter 122 to read as follows: |
|
|
CHAPTER 122. TREATMENT AND RECYCLING FOR BENEFICIAL USE OF CERTAIN |
|
|
OIL AND GAS WASTE |
|
|
Sec. 122.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Railroad Commission of |
|
|
Texas. |
|
|
(2) "Fluid oil and gas waste" means waste containing |
|
|
salt or other mineralized substances, brine, hydraulic fracturing |
|
|
fluid, flowback water, produced water, or other fluid that arises |
|
|
out of or is incidental to the drilling for or production of oil or |
|
|
gas. |
|
|
Sec. 122.002. OWNERSHIP OF CERTAIN OIL AND GAS WASTE |
|
|
TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless |
|
|
otherwise expressly provided by a contract, bill of sale, or other |
|
|
legally binding document: |
|
|
(1) when fluid oil and gas waste is transferred to a |
|
|
person who takes possession of that waste for the purpose of |
|
|
treating the waste for a subsequent beneficial use, the transferred |
|
|
material is considered to be the property of the person who takes |
|
|
possession of it for the purpose of treating the waste for |
|
|
subsequent beneficial use until the person transfers the waste or |
|
|
treated waste to another person for disposal or use; and |
|
|
(2) when a person who takes possession of fluid oil and |
|
|
gas waste for the purpose of treating the waste for a subsequent |
|
|
beneficial use transfers possession of the treated product or any |
|
|
treatment byproduct to another person for the purpose of subsequent |
|
|
disposal or beneficial use, the transferred product or byproduct is |
|
|
considered to be the property of the person to whom the material is |
|
|
transferred. |
|
|
Sec. 122.003. RESPONSIBILITY IN TORT. (a) Except as |
|
|
provided by Subsection (b), a person who takes possession of fluid |
|
|
oil and gas waste, produces from that waste a treated product |
|
|
generally considered in the oil and gas industry to be suitable for |
|
|
use in connection with the drilling for or production of oil or gas, |
|
|
and transfers the treated product to another person with the |
|
|
contractual understanding that the treated product will be used in |
|
|
connection with the drilling for or production of oil or gas is not |
|
|
liable in tort for a consequence of the subsequent use of that |
|
|
treated product by the person to whom the treated product is |
|
|
transferred or by another person. |
|
|
(b) This section does not affect the liability of a person |
|
|
that treats fluid oil and gas waste for beneficial use in an action |
|
|
brought by a person for damages for personal injury, death, or |
|
|
property damage arising from exposure to fluid oil and gas waste or |
|
|
a treated product. |
|
|
Sec. 122.004. COMMISSION RULES FOR TREATMENT AND BENEFICIAL |
|
|
USE. The commission shall adopt rules to govern the treatment and |
|
|
beneficial use of oil and gas waste. |
|
|
SECTION 2. This Act takes effect September 1, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2767 was passed by the House on May 9, |
|
|
2013, by the following vote: Yeas 137, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2767 was passed by the Senate on May |
|
|
22, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |