Bill Text: TX HB448 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to a requirement that the operator of an oil or gas well on which a hydraulic fracturing treatment is to be performed mail a list of the chemicals to be used in the treatment to persons residing near the well.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-03-20 - Left pending in committee [HB448 Detail]

Download: Texas-2013-HB448-Introduced.html

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83R1946 SMH-D
By: Dukes H.B. No. 448

A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the operator of an oil or gas well on
which a hydraulic fracturing treatment is to be performed mail a
list of the chemicals to be used in the treatment to persons
residing near the well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 91.851, Natural Resources
Code, is amended to read as follows:
Sec. 91.851. PUBLIC DISCLOSURE OF COMPOSITION OF HYDRAULIC
FRACTURING FLUIDS FOLLOWING PERFORMANCE OF HYDRAULIC FRACTURING
TREATMENT.
SECTION 2. Subchapter S, Chapter 91, Natural Resources
Code, is amended by adding Section 91.852 to read as follows:
Sec. 91.852. DISCLOSURE TO NEARBY RESIDENTS OF CHEMICAL
INGREDIENTS ANTICIPATED TO BE USED IN HYDRAULIC FRACTURING
TREATMENT. (a) The commission by rule shall require an operator of
a well on which a hydraulic fracturing treatment is to be performed
to mail to each person residing within 500 feet of the well a list of
the chemical ingredients that the operator:
(1) anticipates will be used in the hydraulic
fracturing treatment; and
(2) is required to disclose to the commission under
Section 91.851.
(b) The rules adopted under this section must:
(1) require the notice to be mailed not later than the
30th day before the date the hydraulic fracturing treatment begins;
and
(2) prescribe a process by which:
(A) the operator may withhold and declare the
identity of a chemical ingredient anticipated to be used in the
hydraulic fracturing treatment as a trade secret; and
(B) a person to whom the notice is required to be
mailed may challenge a claim by the operator of entitlement to trade
secret protection under Paragraph (A).
SECTION 3. Section 91.852, Natural Resources Code, as added
by this Act, applies only to a hydraulic fracturing treatment
performed on a well for which an initial drilling permit is issued
on or after the date the rules adopted by the Railroad Commission of
Texas under that section take effect. A hydraulic fracturing
treatment performed on a well for which an initial drilling permit
is issued before the date the rules take effect is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 4. The Railroad Commission of Texas shall adopt
rules under Section 91.852, Natural Resources Code, as added by
this Act, not later than December 1, 2013.
SECTION 5. This Act takes effect September 1, 2013.