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A BILL TO BE ENTITLED
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AN ACT
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relating to the response to certain oil or gas well accidents by |
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state agencies and responsible parties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Sections 91.118 and 91.119 to read as |
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follows: |
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Sec. 91.118. NOTICE TO COMMISSION OF WELL FIRE, LEAK, |
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SPILL, OR BREAK. (a) An operator of an oil or gas well shall: |
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(1) give immediate notice of a fire, leak, spill, or |
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break at the well to the appropriate commission oil and gas division |
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district office; and |
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(2) submit to the commission a letter giving a full |
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description of the event, including the volume of crude oil, gas, or |
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other well liquids or gases lost. |
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(b) This section does not limit the authority of the |
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commission to require other types of notice from operators. |
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Sec. 91.119. APPLICATION FOR PERMIT FOR WELL ADJACENT TO |
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WELL BLOWOUT SITE. (a) In the case of a conflict between this |
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section and Section 91.114, this section controls. |
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(b) Except as provided by Subsection (e), the commission may |
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not approve an application for a permit to drill an oil or gas well |
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if: |
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(1) the organization that submitted the application |
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violated a statute or commission rule, order, license, certificate, |
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or permit that relates to safety or the prevention or control of |
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pollution or is under investigation by a state or federal agency for |
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an alleged violation of a statute or commission rule, order, |
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license, certificate, or permit that relates to safety or the |
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prevention or control of pollution; |
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(2) the violation or alleged violation described by |
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Subdivision (1) relates to an uncontrolled release from an oil or |
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gas well of a substance that substantially endangered human health |
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or the environment; and |
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(3) the well that is the subject of the application is |
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proposed to be drilled at a site adjacent to the site of the |
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violation or alleged violation described by Subdivision (1). |
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(c) An organization has committed a violation for purposes |
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of Subsection (b)(1) of this section if the circumstances described |
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by Section 91.114(b) have been met with respect to the violation. |
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(d) The commission may adopt rules if necessary to establish |
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criteria for determining whether a site is adjacent to another site |
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for the purposes of this section. |
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(e) The commission may approve the application if: |
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(1) the conditions that constituted the violation have |
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been corrected; |
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(2) the organization has paid all administrative, |
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civil, and criminal penalties and all cleanup and plugging costs |
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incurred by the state relating to those conditions; and |
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(3) the application is in compliance with all other |
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requirements of law and commission rules. |
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(f) If an application is rejected under this section, the |
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commission shall provide the organization with a written statement |
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explaining the reason for the rejection. |
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(g) Notwithstanding Subsection (b), the commission may |
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issue a permit to drill an oil or gas well to an organization |
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described by Subsection (b) for a term specified by the commission |
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if the permit is necessary to remedy a violation of law or |
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commission rules. |
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(h) A fee tendered in connection with an application that is |
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rejected under this section is nonrefundable. |
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SECTION 2. Section 91.119, Natural Resources Code, as added |
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by this Act, applies only to an application for a permit to drill an |
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oil or gas well filed with the Railroad Commission of Texas on or |
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after the effective date of this Act. An application for a permit |
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filed before the effective date of this Act is governed by the law |
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in effect on the date of filing, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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