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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic transmission of certain notices proved |
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by the Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.043(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) Not later than the 30th day before the date the |
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commission enters into a contract to plug a delinquent inactive |
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well, the commission shall send a notice by certified mail or as an |
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electronic record to the operator of the well at the address last |
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reported to the commission as required by Section 91.142 and |
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commission rules. The notice shall direct the operator to plug the |
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well and shall state that: |
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(1) the commission may plug the well and foreclose its |
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statutory lien under Section 89.083 unless the operator requests a |
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hearing not later than the 10th day after the date the operator |
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receives the notice; |
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(2) if the commission forecloses its statutory lien |
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under Section 89.083, all well-site equipment will be presumed to |
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have been abandoned and the commission may dispose of the equipment |
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and hydrocarbons from the well as provided by Section 89.085; |
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(3) if the commission plugs the well, the commission: |
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(A) by order may require the operator to |
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reimburse the commission for the plugging costs; or |
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(B) may request the attorney general to file suit |
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against the operator to recover those costs; |
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(4) the commission has a statutory lien on all |
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well-site equipment under Section 89.083; and |
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(5) the lien described by Subdivision (4) is |
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foreclosed by operation of law if the commission does not receive a |
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valid and timely request for a hearing before the 15th day after the |
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date the notice is mailed. |
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SECTION 2. Section 89.085(f), Natural Resources Code, is |
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amended to read as follows: |
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(f) Not later than the 30th day after the date well-site |
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equipment or hydrocarbons are disposed of under this section, the |
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commission shall mail a notice by first class mail or send a notice |
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as an electronic record to the operator of the well at the address |
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last reported to the commission as required by Section 91.142 of |
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this code and commission rules and, on request, to any lienholder or |
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nonoperator. |
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SECTION 3. Section 91.704, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.704. CANCELLATION OF CERTIFICATE. (a) The |
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commission may cancel any certificate of compliance issued under |
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the provisions of this subchapter if it appears that the owner or |
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operator of a well covered by the provisions of the certificate, in |
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the operation of the well or the production of oil or gas from the |
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well, has violated or is violating this title, Section 26.131, |
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Water Code, or Subchapter C, Chapter 27, Water Code, a rule adopted |
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or order issued under that title, section, or subchapter, as |
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applicable, or a license, permit, or certificate issued to the |
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owner or operator under that title, section, or subchapter, as |
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applicable. |
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(b) Before canceling a certificate of compliance, the |
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commission shall give notice to the owner or operator [by personal |
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service or by registered or certified mail] of the facts or conduct |
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alleged to warrant the cancellation and shall give the owner or |
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operator an opportunity to show compliance with all requirements of |
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law for retention of the certificate as required by Section |
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2001.054, Government Code. |
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(c) The commission may provide that the notice under |
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Subsection (b) be: |
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(1) delivered by personal service; |
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(2) sent by registered or certified mail; or |
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(3) sent as an electronic record. |
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SECTION 4. Section 131.213, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 131.213. NOTICE OF RELEASE TO LOCAL GOVERNMENTAL |
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AGENCY. Within 30 days after an application for total or partial |
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bond or deposit release is filed with the commission, the |
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commission shall notify the local governmental agency in which the |
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surface mining operation is located by certified mail or electronic |
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record. |
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SECTION 5. Section 133.048(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) Any notices required under Subsections (b) and (c) of |
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this section must be [mailed to the applicant certified mail, |
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postage prepaid, return receipt requested], not later than the |
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fifth day after the day on which the commission approves or |
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disapproves the application, either: |
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(1) mailed to the applicant by certified mail, postage |
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prepaid, return receipt requested; or |
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(2) sent as an electronic record. |
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SECTION 6. This Act takes effect September 1, 2021. |