oil and gas waste sites must mail notice to neighbors

The text as introduced · 487 words

By: Reynolds
H.B. No. 5003

A BILL TO BE ENTITLED

AN ACT

relating to notice and hearing requirements for applications for

permits for certain commercial oil and gas waste disposal

facilities.

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

SECTION 1. The heading to Section 91.116, Natural Resources

Code, is amended to read as follows:

Sec. 91.116. NOTICE OF AND HEARING ON COMMERCIAL SURFACE

DISPOSAL FACILITY PERMIT APPLICATION.

SECTION 2. Section 91.116, Natural Resources Code, is

amended by amending Subsections (b) and (d) and adding Subsections

(e), (f), and (g) to read as follows:

(b) A person who files an application for a permit for a

commercial surface disposal facility shall provide [ publish ]

notice of the application in accordance with this section.

(d) The notice must be :

(1) published:

(A) [ (1) ] at least once each week for two

consecutive weeks with the first publication occurring not earlier

than the date the application is filed and not later than the 30th

day after the date on which the application is filed; and

(B) [ (2) ] in a newspaper of general circulation

in the county in which the proposed disposal would occur ; and

(2) mailed, at the time of filing of the application

and on the commission's determination that the application is

administratively complete, to:

(A) each person who resides on or owns land

located within one kilometer of the proposed facility; and

(B) the governing body of each county,

municipality, and groundwater conservation district, if

applicable, located within five miles of the proposed facility .

(e) A person entitled to receive notice under Subsection (d)

is entitled to request a contested case hearing regarding an

application for a permit for a facility to which this section

applies.

(f) At a hearing regarding an application for a facility to

which this section applies, other than a contested case hearing,

the commission shall:

(1) allow participation by the public; and

(2) ensure that an employee of the commission is

present to respond to questions and concerns of the attendees of the

hearing.

(g) The commission shall provide an e-mail list service

through which a person may receive notice about applications for

permits for commercial surface disposal facilities. The list

service must allow a person to choose to receive notices about

facilities located only in certain commission oil and gas division

districts.

SECTION 3. Section 91.116, Natural Resources Code, as

amended by this Act, applies only to an application for a commercial

surface disposal facility permit that is filed with the Railroad

Commission of Texas on or after the effective date of this Act. An

application for a permit filed with the commission before the

effective date of this Act is governed by the law in effect on the

date of filing, and that law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.