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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Railroad Commission of Texas to |
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permit the release into the air of natural gas from a gas well. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.185, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 86.185. PROHIBITION AGAINST GAS IN AIR. (a) No gas |
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from a gas well may be permitted to escape into the air after the |
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expiration of 10 days from the time the gas is encountered in the |
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gas well, or from the time of perforating the casing opposite a |
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gas-bearing zone if casing is set through the zone, whichever is |
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later, but the commission may permit the escape of gas into the air |
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for an additional time if: |
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(1) the operator of a well or other facility presents |
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information to show: |
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(A) the necessity for the escape; and |
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(B) the operator made a good faith and |
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commercially reasonable effort to capture and sell the gas, or |
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otherwise use the gas for another productive purpose, as defined by |
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commission rule; and |
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(2) [provided that] the amount of gas which is flared |
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under the [that] commission's authority is charged to the |
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operator's allowable production. |
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(b) For the purposes of Subsection (a): |
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(1) a [A] necessity includes [but is not limited to the |
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following situations]: |
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(A) [(1)] cleaning a well of sand or acid or both |
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following stimulation treatment of a well; and |
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(B) [(2)] repairing or modifying a gas-gathering |
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system; and |
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(2) an operator of a well or other facility is |
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considered to have made a good faith and commercially reasonable |
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effort if: |
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(A) the well is: |
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(i) connected to a pipeline on which |
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pipeline takeaway capacity is not expected to meet the demand for |
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gas produced from the well; or |
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(ii) not connected to a pipeline and |
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connection to a pipeline is technically or commercially unfeasible; |
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(B) the operator evaluated options for on-site |
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consumption of the gas and determined: |
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(i) on-site consumption of the gas is |
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technically or commercially unfeasible; or |
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(ii) commercial interest in on-site |
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consumption does not meet the demand for gas produced from the well; |
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and |
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(C) the operator evaluated options to use the gas |
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for another productive purpose and determined it would be |
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technically or commercially unfeasible. |
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(c) The commission shall adopt rules necessary to implement |
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this section. |
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SECTION 2. Not later than December 1, 2025, the Railroad |
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Commission of Texas shall adopt rules necessary to implement |
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Section 86.185, Natural Resources Code, as amended by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |