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  82R4738 JXC-D
 
  By: Davis S.B. No. 772
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of a tracer substance in performing a hydraulic
  fracturing treatment operation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 91, Natural Resources
  Code, is amended by adding Section 91.021 to read as follows:
         Sec. 91.021.  HYDRAULIC FRACTURING FLUID TRACER. (a)  In
  this section, "hydraulic fracturing treatment" means the
  stimulation of a well by the application of a base stimulation fluid
  containing a proppant with force in order to create artificial
  fractures in a formation for the purpose of improving the well's
  capacity to produce hydrocarbons.
         (b)  The commission shall adopt rules requiring a person who
  performs a hydraulic fracturing treatment operation on a well to
  include a tracer substance in the base stimulation fluid used to
  perform the operation.
         (c)  Rules adopted under this section may specify the type of
  tracer substance a person is required to use in performing a
  hydraulic fracturing treatment operation, such as an isotope tracer
  or a color tracer, provided that:
               (1)  the tracer substance is traceable to a specific
  person after the tracer substance is used in a hydraulic fracturing
  treatment operation; and
               (2)  the commission has determined that the use of the
  tracer substance in a hydraulic fracturing treatment operation will
  not endanger the public health.
         SECTION 2.  The Railroad Commission of Texas shall adopt
  rules under Section 91.021, Natural Resources Code, as added by
  this Act, not later than February 1, 2012.
         SECTION 3.  This Act takes effect September 1, 2011.