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AN ACT
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relating to the treatment and recycling for beneficial use of |
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certain waste arising out of or incidental to the drilling for or |
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production of oil or gas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.002, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 122.002. OWNERSHIP OF FLUID OIL AND GAS WASTE |
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TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE. Unless |
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otherwise expressly provided by an oil or gas lease, a surface use |
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agreement, a contract, a bill of sale, or another [other] legally |
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binding document: |
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(1) when fluid oil and gas waste is produced and used |
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by or transferred to a person who takes possession of that waste for |
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the purpose of treating the waste for a subsequent beneficial use, |
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the waste [transferred material] is considered to be the property |
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of the person who takes possession of it for the purpose of treating |
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the waste for subsequent beneficial use until the person transfers |
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the waste or treated waste to another person for disposal or use; |
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and |
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(2) when a person who takes possession of fluid oil and |
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gas waste for the purpose of treating the waste for a subsequent |
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beneficial use transfers possession of the treated product or any |
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treatment byproduct to another person for the purpose of subsequent |
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disposal or beneficial use, the transferred product or byproduct is |
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considered to be the property of the person to whom the material is |
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transferred. |
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SECTION 2. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3246 was passed by the House on April |
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16, 2019, by the following vote: Yeas 137, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3246 was passed by the Senate on May |
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10, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |