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By: Darby, Geren, Larson |
H.B. No. 3246 |
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(Senate Sponsor - Hancock) |
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(In the Senate - Received from the House April 16, 2019; |
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April 17, 2019, read first time and referred to Committee on |
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Natural Resources & Economic Development; May 3, 2019, reported |
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favorably by the following vote: Yeas 11, Nays 0; May 3, 2019, sent |
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to printer.) |
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A BILL TO BE ENTITLED
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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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