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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of a fee on a holder of a permit for an |
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oil and gas waste disposal well. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 27, Water Code, is amended |
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by adding Section 27.037 to read as follows: |
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Sec. 27.037. FEE ON HOLDER OF PERMIT FOR OIL AND GAS WASTE |
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DISPOSAL WELL. (a) A fee is imposed on a holder of a permit for an |
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oil and gas waste disposal well. The amount of the fee is 20 cents |
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for each barrel of 42 standard gallons of oil and gas waste |
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delivered to the well for injection in the well if the waste was |
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produced from a well that is not located in: |
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(1) the disposal district in which the disposal well |
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is located; or |
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(2) a disposal district adjacent to the disposal |
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district in which the disposal well is located. |
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(b) A holder of a permit for an oil and gas waste disposal |
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well shall collect the fee imposed under this section from the |
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generator of the waste and remit the fee to the comptroller. |
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(c) The comptroller shall: |
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(1) deposit 25 percent of the proceeds from the fees |
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collected under this section to the credit of the oil and gas |
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regulation and cleanup fund as provided by Section 81.067, Natural |
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Resources Code; and |
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(2) send 75 percent of the proceeds from the fees |
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collected under this section to the counties of this state, with |
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each county receiving an amount determined according to the ratio |
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of the amount of fees collected in connection with oil and gas waste |
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delivered to disposal wells in the county to the total amount of |
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fees collected under this section. |
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(d) The comptroller shall send the amount due each county |
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under Subsection (d)(2) to the county treasurer or officer |
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performing the function of that office at least twice each state |
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fiscal year. |
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(e) The county treasurer or officer shall deposit amounts |
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received under this section to the credit of the county road and |
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bridge fund. Money deposited to the credit of that fund under this |
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subsection may be used only for a purpose authorized by Section |
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256.001(a), Transportation Code. |
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(f) The comptroller by rule shall prescribe the manner in |
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which the fee imposed under this section is administered, |
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collected, and enforced. |
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(g) The railroad commission by rule may divide the state |
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into disposal districts for purposes of administering Subsection |
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(a). For purposes of Subsection (a), the railroad commission's oil |
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and gas division districts are the disposal districts until the |
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railroad commission by rule establishes disposal districts under |
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this subsection. |
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(h) The railroad commission by rule may provide for one or |
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more exemptions from the fee prescribed by this section. |
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SECTION 2. Section 81.067(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The fund consists of: |
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(1) proceeds from bonds and other financial security |
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required by this chapter and benefits under well-specific plugging |
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insurance policies described by Section 91.104(c) that are paid to |
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the state as contingent beneficiary of the policies, subject to the |
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refund provisions of Section 91.1091, if applicable; |
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(2) private contributions, including contributions |
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made under Section 89.084; |
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(3) expenses collected under Section 89.083; |
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(4) fees imposed under Section 85.2021; |
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(5) costs recovered under Section 91.457 or 91.459; |
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(6) proceeds collected under Sections 89.085 and |
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91.115; |
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(7) interest earned on the funds deposited in the |
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fund; |
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(8) oil and gas waste hauler permit application fees |
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collected under Section 29.015, Water Code; |
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(9) costs recovered under Section 91.113(f); |
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(10) hazardous oil and gas waste generation fees |
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collected under Section 91.605; |
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(11) oil-field cleanup regulatory fees on oil |
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collected under Section 81.116; |
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(12) oil-field cleanup regulatory fees on gas |
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collected under Section 81.117; |
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(13) fees for a reissued certificate collected under |
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Section 91.707; |
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(14) fees collected under Section 91.1013; |
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(15) fees collected under Section 89.088; |
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(16) fees collected under Section 91.142; |
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(17) fees collected under Section 91.654; |
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(18) costs recovered under Sections 91.656 and 91.657; |
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(19) two-thirds of the fees collected under Section |
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81.0521; |
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(20) fees collected under Sections 89.024 and 89.026; |
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(21) legislative appropriations; |
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(22) any surcharges collected under Section 81.070; |
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[and] |
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(23) fees collected under Section 91.0115; and |
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(24) fees collected under Section 27.037, Water Code. |
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SECTION 3. The comptroller shall adopt rules as necessary |
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to implement Section 27.037, Water Code, as added by this Act, not |
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later than December 1, 2015. |
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SECTION 4. This Act takes effect September 1, 2015. |