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A BILL TO BE ENTITLED
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AN ACT
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relating to the reuse, discharge, or disposal of fluid produced |
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from certain oil or gas wells on which a hydraulic fracturing |
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treatment has been performed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.1016 to read as follows: |
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Sec. 91.1016. REUSE, DISCHARGE, OR DISPOSAL OF FLUID |
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PRODUCED FROM HYDRAULICALLY FRACTURED WELL. (a) Flowback and |
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produced water from an oil or gas well on which a hydraulic |
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fracturing treatment has been performed using groundwater may not |
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be disposed of in an oil and gas waste disposal well unless the |
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fluid is incapable of being treated to a degree that would allow the |
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fluid to be: |
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(1) used to perform a hydraulic fracturing treatment |
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on another oil or gas well; |
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(2) used for another beneficial purpose; or |
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(3) discharged into or adjacent to water in the state. |
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(b) The commission shall adopt rules establishing standards |
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for determining whether flowback and produced water described by |
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this section may be disposed of in an oil and gas waste disposal |
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well. |
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SECTION 2. The Railroad Commission of Texas shall adopt |
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rules under Section 91.1016, Natural Resources Code, as added by |
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this Act, not later than December 1, 2013. |
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SECTION 3. Section 91.1016, Natural Resources Code, as |
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added by this Act, applies only to the disposal of flowback and |
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produced water in an oil and gas waste disposal well on or after the |
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date the rules adopted by the Railroad Commission of Texas under |
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that section take effect. The disposal of flowback and produced |
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water in an oil and gas waste disposal well before the date the |
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rules take effect is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |