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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of the composition of hydraulic |
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fracturing fluids used in hydraulic fracturing treatments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 91, Natural Resources Code, is amended |
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by adding Subchapter S to read as follows: |
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SUBCHAPTER S. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING |
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FLUIDS |
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Sec. 91.851. DISCLOSURE OF COMPOSITION OF HYDRAULIC |
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FRACTURING FLUIDS. The commission by rule shall: |
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(1) require an operator of a well on which a hydraulic |
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fracturing treatment is performed to: |
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(A) complete the form posted on the hydraulic |
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fracturing chemical registry Internet website of the Ground Water |
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Protection Council and the Interstate Oil and Gas Compact |
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Commission with regard to the well; |
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(B) include in the form completed under Paragraph |
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(A): |
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(i) the total volume of water used in the |
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hydraulic fracturing treatment; and |
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(ii) each chemical ingredient used in the |
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hydraulic fracturing treatment, regardless of whether the |
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ingredient is subject to the requirements of 29 C.F.R. Section |
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1910.1200(g)(2); |
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(C) post the completed form described by |
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Paragraph (A) on the website described by that paragraph or, if the |
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website is discontinued or permanently inoperable, post the |
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completed form on another publicly accessible Internet website |
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specified by the commission; and |
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(D) submit the completed form described by |
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Paragraph (A) to the commission with the well completion report for |
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the well; |
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(2) require a service company that performs a |
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hydraulic fracturing treatment on a well or a supplier of an |
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additive used in a hydraulic fracturing treatment on a well to |
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provide the operator of the well with the information necessary for |
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the operator to comply with Subdivision (1); |
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(3) prescribe a process by which an entity required to |
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comply with Subdivision (1) or (2) may designate certain |
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information, including the identity and amount of a chemical |
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ingredient used in a hydraulic fracturing treatment, as a trade |
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secret for purposes of Section 552.110, Government Code, or, if |
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that section is repealed, for purposes of 40 C.F.R. Part 350, |
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Subpart A; |
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(4) require a person who desires to challenge a claim |
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of entitlement to trade secret protection under Subdivision (3) to |
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file the challenge not later than the second anniversary of the date |
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the relevant well completion report is filed with the commission; |
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(5) limit the persons who may challenge a claim of |
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entitlement to trade secret protection under Subdivision (3) to: |
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(A) the landowner on whose property the relevant |
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well is located; |
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(B) a landowner who owns property adjacent to |
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property described by Paragraph (A); or |
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(C) a department or agency of this state; and |
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(6) prescribe an efficient process for an entity |
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described by Subdivision (1) or (2) to provide information, |
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including information that is a trade secret as defined by Appendix |
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D to 29 C.F.R. Section 1910.1200, to a health professional or |
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emergency responder who needs the information in accordance with |
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Subsection (i) of that section. |
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SECTION 2. Subchapter S, Chapter 91, Natural Resources |
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Code, as added by this Act, applies only to a hydraulic fracturing |
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treatment performed on a well for which an initial drilling permit |
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is issued on or after the date the initial rules adopted by the |
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Railroad Commission of Texas under that subchapter take effect. A |
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hydraulic fracturing treatment performed on a well for which an |
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initial drilling permit is issued before the date the initial rules |
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take effect is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. The Railroad Commission of Texas shall adopt |
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rules under Subchapter S, Chapter 91, Natural Resources Code, as |
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added by this Act, not later than January 1, 2012. |
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SECTION 4. This Act takes effect September 1, 2011. |