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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an offense for certain unauthorized |
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transactions involving oil, gas, or condensate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 85, Natural Resources |
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Code, is amended by adding Section 85.390 to read as follows: |
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Sec. 85.390. TRANSACTION WITHOUT PERMIT, APPROVAL, OR |
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AUTHORIZATION. (a) A person commits an offense if: |
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(1) the person recklessly possesses, removes, |
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delivers, accepts, purchases, sells, or physically moves or |
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transports oil, gas, or condensate as part of a transaction for |
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which the commission requires a permit or commission approval or |
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authorization; and |
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(2) the commission has not issued, and does not have a |
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pending request for, a permit, approval, or authorization for that |
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transaction. |
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(b) It is an exception to the application of this section |
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that the actor is a pipeline operator or gatherer authorized to |
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operate by the commission. |
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(c) An offense under this section is a felony of the second |
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degree. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |