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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Railroad Commission of Texas to |
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issue a permit to drill an oil or gas well in an easement held by the |
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Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.021 to read as follows: |
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Sec. 91.021. PERMIT TO DRILL WELL IN TRANSPORTATION |
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EASEMENT. (a) In this section, "department" means the Texas |
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Department of Transportation. |
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(b) Not later than the fifth day after the date the |
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commission receives an application for a permit to drill an oil or |
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gas well, the commission shall notify the department of the receipt |
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of the application. |
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(c) Not later than the 30th day after the date the |
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department receives the notice described by Subsection (b), the |
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department shall notify the commission whether the proposed |
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location of the well is in an easement held by the department. |
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(d) If the department notifies the commission that the |
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proposed location of the well is in an easement held by the |
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department, the commission may not issue the permit unless the |
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commission includes in the permit conditions that prohibit drilling |
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or other operations on the surface of land during the period in |
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which the land is used by this state as a highway, road, street, or |
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alley. This subsection does not prohibit the issuance of a permit |
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for the drilling of a horizontal well the horizontal drain hole of |
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which is proposed to be located under land used by this state as a |
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highway, road, street, or alley if drilling or other operations |
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will not be conducted on the surface of that land. |
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SECTION 2. Section 91.021, Natural Resources Code, as added |
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by this Act, applies only to a permit application filed with the |
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Railroad Commission of Texas on or after the effective date of this |
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Act. A permit application filed with the commission before the |
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effective date of this Act is governed by the law in effect when the |
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application was filed, 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. |