83R2521 SMH-D
 
  By: Gutierrez H.B. No. 3537
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the treatment and reuse or discharge of fluid produced
  from oil or gas wells on which a hydraulic fracturing treatment has
  been performed.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 91, Natural Resources
  Code, is amended by adding Section 91.1016 to read as follows:
         Sec. 91.1016.  TREATMENT AND REUSE OR DISCHARGE OF FLUID
  PRODUCED FROM HYDRAULICALLY FRACTURED WELL. The commission shall
  adopt rules requiring that, to the extent practicable, flowback and
  produced water from an oil or gas well on which a hydraulic
  fracturing treatment has been performed be treated to a degree that
  would allow the fluid to be:
               (1)  used to perform a hydraulic fracturing treatment
  on another well;
               (2)  used for another beneficial purpose; or
               (3)  discharged into or adjacent to water in the state.
         SECTION 2.  The Railroad Commission of Texas shall adopt
  rules under Section 91.1016, Natural Resources Code, as added by
  this Act, not later than December 1, 2013.
         SECTION 3.  Section 91.1016, Natural Resources Code, as
  added by this Act, applies only to fluid produced from an oil or gas
  well that is hydraulically fractured on or after the date the rules
  adopted by the Railroad Commission of Texas under that section take
  effect. Fluid produced from an oil or gas well that is
  hydraulically fractured before the date the rules adopted by the
  Railroad Commission of Texas under that section take effect is
  governed by the law as it existed immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2013.