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H.B. No. 484
AN ACT
relating to the filing of electric logs with the Railroad
Commission of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.551(a), Natural Resources Code, is
amended by amending Subdivision (1) and adding Subdivisions (3) and
(4) to read as follows:
(1) "Well" means a well [being] drilled for any
purpose related to exploration for or production or storage of oil
or gas or both oil and gas, including a well drilled for injection
of fluids to enhance hydrocarbon recovery, disposal of produced
fluids, disposal of waste from exploration or production activity,
or brine mining.
(3) "Drilling operation" means a continuous effort to
drill or deepen a well bore for which the commission has issued a
permit.
(4) "Operator" means a person who assumes
responsibility for the regulatory compliance of a well as shown by a
form the person files with the commission and the commission
approves.
SECTION 2. Section 91.551(b), Natural Resources Code, is
amended to read as follows:
(b) In this subchapter, "operator" ["person"] includes a
predecessor or successor operator [successor in interest].
SECTION 3. Section 91.552(a), Natural Resources Code, is
amended to read as follows:
(a) Except as otherwise provided by this subchapter, not
later than the 90th day after the date a drilling operation is
completed [at the time a person files with the commission a
completion report for a well or, in the case of a dry hole, an
application to plug a well], the operator [person] shall [also]
file with the commission a copy of a basic electric log run [made]
after September 1, 1985, in conjunction with the drilling or
deepening of the well that meets basic criteria established by the
commission.
SECTION 4. Section 91.553, Natural Resources Code, is
amended by amending Subsections (b)-(e) and adding Subsection (f)
to read as follows:
(b) Not later than the date by which [At the time] an
electric log is required to be filed with the commission under
Section 91.552 [of this code], the operator [person required to
file the electric log] may file a written request with the
commission asking that the electric log remain confidential and not
be made available as public information. On filing this request,
the electric log or copy of the electric log required to be filed
with the commission may be retained by the operator [person
required to file the electric log], and the electric log may remain
in the possession of the operator [person] for the period of
confidentiality and any extensions of that period. On filing of the
request for confidentiality, the electric log becomes confidential
and remains confidential for a period of one year after the date
that the drilling operation was completed [electric log is required
to be filed with the commission].
(c) If an electric log is made confidential under Subsection
(b) [of this section], the operator [person who is required to file
the electric log] is entitled to have the period of confidentiality
extended once for an additional period of two years. The commission
shall grant the two-year extension on written request of the
operator [person who is required to file the electric log]. The
written request must be made to the commission before the one-year
period of confidentiality under Subsection (b) [of this section]
expires.
(d) If an electric log is made confidential under Subsection
(b) [of this section] and the log was run in a well drilled on land
submerged in state water, the operator [person who is required to
file the electric log] is entitled to have the period of
confidentiality extended for not more than two additional periods
of two years each. The commission shall grant the extension or
extensions on written request of the operator [person who is
required to file the electric log]. The written request must be
made to the commission before the expiration of the one-year period
of confidentiality under Subsection (b) [of this section] or the
expiration of the first extension granted under this subsection.
(e) An operator [A person] required to file an electric log
under this section who has held the log during a period of
confidentiality or any extensions of that period shall file the log
with the commission within 30 days after the conclusion of the
period of confidentiality or the period of the last extension.
(f) An operator who fails to timely file with the commission
a written request under Subsection (b) that an electric log remain
confidential and not be made available as public information or a
written request under Subsection (c) or (d) for an extension of the
period of confidentiality shall file the log with the commission
immediately after the conclusion of the period for filing the
request.
SECTION 5. Sections 91.554 and 91.556, Natural Resources
Code, are amended to read as follows:
Sec. 91.554. AVAILABILITY OF CONFIDENTIAL ELECTRIC
LOGS. If the commission requires an electric log to be filed
before the expiration of a period of confidentiality, the
commission shall make that electric log available for inspection
during the period of confidentiality only to:
(1) a person authorized in writing by the operator
[person who filed the electric log with the commission]; and
(2) members of the commission and its employees in the
exercise of their powers and duties under this code.
Sec. 91.556. DENIAL OF ALLOWABLE. If an operator [a
person] fails to file an electric log as required by this
subchapter, the commission may refuse to assign an allowable or a
change in allowable for production from the well for which the
electric log is required until the operator [that person] files the
electric log with the commission.
SECTION 6. The changes in law made by this Act apply only to
a drilling operation that is completed on or after the effective
date of this Act. A drilling operation that is completed before the
effective date of this Act is governed by the law in effect on that
date, and that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 484 was passed by the House on April
6, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 484 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor