82R26564 SMH-F
 
  By: Keffer, Crownover, Burnam, Parker, H.B. No. 3328
      Strama, et al.
 
  Substitute the following for H.B. No. 3328:
 
  By:  Keffer C.S.H.B. No. 3328
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of the composition of hydraulic
  fracturing fluids used in hydraulic fracturing treatments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 91, Natural Resources Code, is amended
  by adding Subchapter S to read as follows:
  SUBCHAPTER S. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING
  FLUIDS
         Sec. 91.851.  DISCLOSURE OF COMPOSITION OF HYDRAULIC
  FRACTURING FLUIDS. The commission by rule shall:
               (1)  require an operator of a well on which a hydraulic
  fracturing treatment is performed to:
                     (A)  complete the form posted on the hydraulic
  fracturing chemical registry Internet website of the Ground Water
  Protection Council and the Interstate Oil and Gas Compact
  Commission with regard to the well;
                     (B)  include in the form completed under Paragraph
  (A):
                           (i)  the total volume of water used in the
  hydraulic fracturing treatment; and
                           (ii)  each chemical ingredient used in the
  hydraulic fracturing treatment, regardless of whether the
  ingredient is subject to the requirements of 29 C.F.R. Section
  1910.1200(g)(2);
                     (C)  post the completed form described by
  Paragraph (A) on the website described by that paragraph or, if the
  website is discontinued or permanently inoperable, post the
  completed form on another publicly accessible Internet website
  specified by the commission; and
                     (D)  submit the completed form described by
  Paragraph (A) to the commission with the well completion report for
  the well;
               (2)  require a service company that performs a
  hydraulic fracturing treatment on a well or a supplier of an
  additive used in a hydraulic fracturing treatment on a well to
  provide the operator of the well with the information necessary for
  the operator to comply with Subdivision (1);
               (3)  prescribe a process by which an entity required to
  comply with Subdivision (1) or (2) may designate certain
  information, including the identity and amount of a chemical
  ingredient used in a hydraulic fracturing treatment, as a trade
  secret for purposes of Section 552.110, Government Code, or, if
  that section is repealed, for purposes of 40 C.F.R. Part 350,
  Subpart A;
               (4)  require a person who desires to challenge a claim
  of entitlement to trade secret protection under Subdivision (3) to
  file the challenge not later than the second anniversary of the date
  the relevant well completion report is filed with the commission;
               (5)  limit the persons who may challenge a claim of
  entitlement to trade secret protection under Subdivision (3) to:
                     (A)  the landowner on whose property the relevant
  well is located;
                     (B)  a landowner who owns property adjacent to
  property described by Paragraph (A); or
                     (C)  a department or agency of this state; and
               (6)  prescribe an efficient process for an entity
  described by Subdivision (1) or (2) to provide information,
  including information that is a trade secret as defined by Appendix
  D to 29 C.F.R. Section 1910.1200, to a health professional or
  emergency responder who needs the information in accordance with
  Subsection (i) of that section.
         SECTION 2.  Subchapter S, Chapter 91, 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 initial rules adopted by the
  Railroad Commission of Texas under that subchapter take effect. A
  hydraulic fracturing treatment performed on a well for which an
  initial drilling permit is issued before the date the initial 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 3.  The Railroad Commission of Texas shall adopt
  rules under Subchapter S, Chapter 91, Natural Resources Code, as
  added by this Act, not later than January 1, 2012.
         SECTION 4.  This Act takes effect September 1, 2011.