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        |  | AN ACT | 
      
        |  | relating to the treatment and recycling for beneficial use of drill | 
      
        |  | cuttings. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 123.001, Natural Resources Code, is | 
      
        |  | amended by adding Subdivision (4) to read as follows: | 
      
        |  | (4)  "Treatment" means a manufacturing, mechanical, | 
      
        |  | thermal, or chemical process other than sizing, shaping, diluting, | 
      
        |  | or sorting. | 
      
        |  | SECTION 2.  Chapter 123, Natural Resources Code, is amended | 
      
        |  | by adding Section 123.0015 to read as follows: | 
      
        |  | Sec. 123.0015.  BENEFICIAL USE.  (a)  For the purposes of | 
      
        |  | this chapter, a use of drill cuttings is considered to be beneficial | 
      
        |  | if the cuttings are used: | 
      
        |  | (1)  in the construction of oil and gas lease pads or | 
      
        |  | oil and gas lease roads; or | 
      
        |  | (2)  as part of a legitimate commercial product. | 
      
        |  | (b)  The commission by rule shall define "legitimate | 
      
        |  | commercial product" for the purposes of this chapter. | 
      
        |  | (c)  The commission by rule shall adopt criteria for | 
      
        |  | beneficial uses to ensure that a beneficial use of recycled drill | 
      
        |  | cuttings under this chapter is at least as protective of public | 
      
        |  | health, public safety, and the environment as the use of an | 
      
        |  | equivalent product made without recycled drill cuttings. | 
      
        |  | SECTION 3.  Section 123.005, Natural Resources Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 123.005.  COMMISSION RULES, PERMITS, AND ORDERS FOR | 
      
        |  | TREATMENT AND BENEFICIAL USE.  (a)  The commission shall adopt rules | 
      
        |  | to govern the treatment and beneficial use of drill cuttings. | 
      
        |  | (b)  A rule adopted by the commission under this chapter or a | 
      
        |  | permit or order issued by the commission regarding the treatment | 
      
        |  | and beneficial use of drill cuttings must be at least as protective | 
      
        |  | of public health, public safety, and the environment as a rule, | 
      
        |  | permit, or order, respectively, adopted or issued by the commission | 
      
        |  | regarding the disposal of drill cuttings. | 
      
        |  | SECTION 4.  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, 2017. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 1541 passed the Senate on | 
      
        |  | April 19, 2017, by the following vote:  Yeas 31, Nays 0; and that | 
      
        |  | the Senate concurred in House amendment on May 16, 2017, by the | 
      
        |  | following vote:  Yeas 30, Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 1541 passed the House, with | 
      
        |  | amendment, on May 9, 2017, by the following vote:  Yeas 145, | 
      
        |  | Nays 0, two present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |