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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to require that certain |
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oil and gas operations be set back a certain distance from |
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child-care facilities and schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.0523(a), Natural Resources Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a) |
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and (3) to read as follows: |
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(1) "Child-care facility" has the meaning assigned by |
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Section 42.002, Human Resources Code. |
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(1-a) "Commercially reasonable" means a condition |
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that would allow a reasonably prudent operator to fully, |
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effectively, and economically exploit, develop, produce, process, |
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and transport oil and gas, as determined based on the objective |
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standard of a reasonably prudent operator and not on an |
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individualized assessment of an actual operator's capacity to act. |
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(3) "Private school" means a private school, including |
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a parochial school, that: |
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(A) offers a course of instruction for students |
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in one or more grades from kindergarten through grade 12; and |
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(B) has more than 100 students enrolled and |
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attending courses at a single location. |
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SECTION 2. Section 81.0523(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The authority of a municipality or other political |
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subdivision to regulate an oil and gas operation is expressly |
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preempted, except that a municipality may enact, amend, or enforce |
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an ordinance or other measure that is not otherwise preempted by |
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state or federal law and: |
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(1) that: |
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(A) regulates only aboveground activity related |
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to an oil and gas operation that occurs at or above the surface of |
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the ground, including a regulation governing fire and emergency |
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response, traffic, lights, or noise, or imposing notice or |
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reasonable setback requirements; |
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(B) [(2)] is commercially reasonable; and |
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(C) [(3)] does not effectively prohibit an oil |
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and gas operation conducted by a reasonably prudent operator; or |
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(2) that regulates or prohibits the drilling of a new |
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oil or gas well located within 1,500 feet of the property line of a |
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child-care facility, private school, or primary or secondary public |
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school [and
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[(4)
is not otherwise preempted by state or federal
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law]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |