89R21691 ANG-F
 
  By: Darby H.B. No. 2663
 
  Substitute the following for H.B. No. 2663:
 
  By:  Darby C.S.H.B. No. 2663
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the affirmation required to be made by an operator as
  part of an application to the Railroad Commission of Texas for an
  extension of the deadline for plugging an inactive well; providing
  an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 89.029, Natural Resources Code, is
  amended by amending Subsection (a) and adding Subsection (g) to
  read as follows:
         (a)  An application for an extension of the deadline for
  plugging an inactive well must include a written affirmation by the
  operator:
               (1)  that the operator has physically terminated
  electric service to the well's production site; and
               (2)  stating the following, as applicable, if the
  operator does not own the surface of the land on which the well is
  located:
                     (A)  if the well has been inactive for at least
  five years but for less than 10 years as of the date of renewal of
  the operator's organization report, that the operator has emptied
  or purged of production fluids all piping, tanks, vessels, and
  equipment associated with and exclusive to the well; or
                     (B)  if the well has been inactive for at least 10
  years as of the date of renewal of the operator's organization
  report, that the operator has removed:
                           (i)  all surface process equipment and
  related piping, tanks, tank batteries, pump jacks, headers, and
  fences, as well as junk and trash as defined by commission rule,
  associated with and exclusive to the well; and
                           (ii)  all equipment associated with
  providing electric service to the well's production site, except
  for equipment owned by an electric utility, as defined by Section
  31.002, Utilities Code.
         (g)  The commission shall impose an administrative penalty
  on a person who provides an affirmation under Subsection (a) but
  fails to terminate electric service to the well's production site
  in accordance with Subsection (a)(1) or remove all equipment and
  materials in accordance with Subsection (a)(2)(B). The amount of
  the penalty may not exceed $25,000 for each violation.
         SECTION 2.  The change in law made by this Act applies to an
  application for an extension of the deadline for plugging an
  inactive well filed with the Railroad Commission of Texas on or
  after the effective date of this Act.  An application for an
  extension of the deadline for plugging an inactive well filed with
  the Railroad Commission of Texas before the effective date of this
  Act is governed by the law in effect on the date the 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, 2025.