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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement of a public hearing on certain |
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applications for a permit to drill an oil or gas well. |
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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 Section 91.118 to read as follows: |
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Sec. 91.118. PUBLIC HEARING ON CERTAIN DRILLING PERMIT |
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APPLICATIONS. (a) In this section: |
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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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(2) "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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(b) The commission by rule shall require an applicant for a |
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permit to drill a new oil or gas well to indicate on the application |
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whether the proposed well site is located within 1,500 feet of the |
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property line of a child-care facility, private school, primary or |
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secondary public school, or facility that is owned by a school |
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district and used by students enrolled in that district. |
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(c) The commission may not grant an application for a permit |
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to drill a new oil or gas well if the proposed well site is located |
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within 1,500 feet of the property line of a child-care facility, |
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private school, primary or secondary public school, or facility |
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that is owned by a school district and used by students enrolled in |
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that district unless: |
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(1) the commission holds a public hearing in the |
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county in which the proposed well site is located to receive public |
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comments on whether granting the permit application is in the |
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public interest; and |
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(2) the commission considers the comments received |
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when determining whether to grant the application. |
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(d) This section does not affect the authority of a |
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political subdivision to enact, amend, or enforce an ordinance or |
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other measure related to the drilling of new oil or gas wells. |
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SECTION 2. The change in law made by this Act applies only |
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to a permit application submitted to the Railroad Commission of |
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Texas on or after the effective date of the rules adopted under |
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Section 91.118, Natural Resources Code, as added by this Act. A |
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permit application submitted before the effective date of the rules |
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adopted under Section 91.118, Natural Resources Code, as added by |
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this Act, is governed by the law in effect when the permit |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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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, 2023. |