bill requiring hearings on wells near schools

The text as introduced · 486 words

89R3576 JAM-F

By: Turner
H.B. No. 1230

A BILL TO BE ENTITLED

AN ACT

relating to the requirement of a public hearing on certain

applications for a permit to drill an oil or gas well.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 91, Natural Resources

Code, is amended by adding Section 91.118 to read as follows:

Sec. 91.118. PUBLIC HEARING ON CERTAIN DRILLING PERMIT

APPLICATIONS. (a) In this section:

(1) "Child-care facility" has the meaning assigned by

Section 42.002, Human Resources Code.

(2) "Private school" means a private school, including

a parochial school, that:

(A) offers a course of instruction for students

in one or more grades from kindergarten through grade 12; and

(B) has more than 100 students enrolled and

attending courses at a single location.

(b) The commission by rule shall require an applicant for a

permit to drill a new oil or gas well to indicate on the application

whether the proposed well site is located within 1,500 feet of the

property line of a child-care facility, private school, primary or

secondary public school, or facility that is owned by a school

district and used by students enrolled in that district.

(c) The commission may not grant an application for a permit

to drill a new oil or gas well if the proposed well site is located

within 1,500 feet of the property line of a child-care facility,

private school, primary or secondary public school, or facility

that is owned by a school district and used by students enrolled in

that district unless:

(1) the commission holds a public hearing in the

county in which the proposed well site is located to receive public

comments on whether granting the permit application is in the

public interest; and

(2) the commission considers the comments received

when determining whether to grant the application.

(d) This section does not affect the authority of a

political subdivision to enact, amend, or enforce an ordinance or

other measure related to the drilling of new oil or gas wells.

SECTION 2. The change in law made by this Act applies only

to a permit application submitted to the Railroad Commission of

Texas on or after the effective date of the rules adopted under

Section 91.118, Natural Resources Code, as added by this Act. A

permit application submitted before the effective date of the rules

adopted under Section 91.118, Natural Resources Code, as added by

this Act, is governed by the law in effect when the permit

application was submitted, and the former law is continued in

effect for that purpose.

SECTION 3. 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, 2025.