88R3020 JAM-F
 
  By: Turner H.B. No. 1194
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement of a public hearing on certain
  applications for a permit to drill an oil or gas well.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 91, Natural Resources
  Code, is amended by adding Section 91.118 to read as follows:
         Sec. 91.118.  PUBLIC HEARING ON CERTAIN DRILLING PERMIT
  APPLICATIONS. (a) In this section:
               (1)  "Child-care facility" has the meaning assigned by
  Section 42.002, Human Resources Code.
               (2)  "Private school" means a private school, including
  a parochial school, that:
                     (A)  offers a course of instruction for students
  in one or more grades from kindergarten through grade 12; and
                     (B)  has more than 100 students enrolled and
  attending courses at a single location.
         (b)  The commission by rule shall require an applicant for a
  permit to drill a new oil or gas well to indicate on the application
  whether the proposed well site is located within 1,500 feet of the
  property line of a child-care facility, private school, primary or
  secondary public school, or facility that is owned by a school
  district and used by students enrolled in that district.
         (c)  The commission may not grant an application for a permit
  to drill a new oil or gas well if the proposed well site is located
  within 1,500 feet of the property line of a child-care facility,
  private school, primary or secondary public school, or facility
  that is owned by a school district and used by students enrolled in
  that district unless:
               (1)  the commission holds a public hearing in the
  county in which the proposed well site is located to receive public
  comments on whether granting the permit application is in the
  public interest; and
               (2)  the commission considers the comments received
  when determining whether to grant the application.
         (d)  This section does not affect the authority of a
  political subdivision to enact, amend, or enforce an ordinance or
  other measure related to the drilling of new oil or gas wells.
         SECTION 2.  The change in law made by this Act applies only
  to a permit application submitted to the Railroad Commission of
  Texas on or after the effective date of the rules adopted under
  Section 91.118, Natural Resources Code, as added by this Act. A
  permit application submitted before the effective date of the rules
  adopted under Section 91.118, Natural Resources Code, as added by
  this Act, is governed by the law in effect when the permit
  application was submitted, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.