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  81R7105 CBE-D
 
  By: Farabee H.C.R. No. 67
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, The oil industry in Texas dates back to the late 19th
  century, and the natural gas industry has been a significant part of
  the state's economy since the middle of the 20th century; today,
  Texas is the second-highest oil producing state in the country and
  the leading producer of natural gas; during Fiscal Year 2008, Texas
  producers employed more than 200,000 people and paid more than $5
  billion in taxes and fees to the state's general revenue fund; and
         WHEREAS, The regulation of oil and gas exploration and
  production activities has traditionally been within the purview of
  the states; the Texas Legislature passed its first regulatory
  statute for oil in 1899, and the industries have since been
  regulated by the Railroad Commission of Texas in coordination with
  the Interstate Oil and Gas Compact Commission (IOGCC); and
         WHEREAS, In recent years, however, the congress has
  considered legislation to augment the 1974 Safe Drinking Water Act
  (SDWA) and grant authority to the federal government to regulate
  oil and gas drilling and production operations; in particular,
  lawmakers have focused on a natural gas drilling technique called
  hydraulic fracturing, which is used to extract natural gas from
  deep rock much faster than would otherwise be possible; implemented
  in the late 1940s, the technology has become a standard method for
  improving efficiency; and
         WHEREAS, Hydraulic fracturing is not covered by the SDWA, and
  the congress clarified this in the Energy Policy Act of 2005, which
  specifically exempts the technology from regulation under the SDWA
  and preserves the state regulatory system; hydraulic fracturing has
  been regulated by states for more than 50 years, and in 2002 the
  IOGCC surveyed oil and gas producing states and found that there
  were no known cases of groundwater contamination associated with
  hydraulic fracturing; and
         WHEREAS, Domestic energy development is vital to the energy
  security of the United States, and the application of hydraulic
  fracturing techniques is estimated to have added more than 7
  billion barrels of oil and 600 trillion cubic feet of natural gas to
  the nation's energy needs; hydraulic fracturing in the Barnett
  Shale of Texas alone has contributed to the production of more than
  four trillion cubic feet of natural gas; and
         WHEREAS, The current approach to regulating hydraulic
  fracturing has effectively protected groundwater and drinking
  water sources from impacts related to oil and gas exploration and
  production activities; more restrictive regulation, which may not
  increase the protection of underground drinking water, could harm
  the supply of oil and natural gas at a time when the country
  requires more domestic energy production than ever before; now,
  therefore, be it
         RESOLVED, That the 81st Legislature of the State of Texas
  hereby respectfully urge the United States Congress to maintain
  state regulatory coverage of hydraulic fracturing; and, be it
  further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the president of the United States, the
  speaker of the house of representatives and the president of the
  senate of the United States Congress, and to all the members of the
  Texas delegation to the congress with the request that this
  resolution be officially entered in the Congressional Record as a
  memorial to the Congress of the United States of America.