By: Morales of Maverick H.B. No. 4891       A BILL TO BE ENTITLED   AN ACT   relating to the regulation by the Railroad Commission of Texas of   certain commercial facilities that dispose of oil and gas waste;   imposing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 91.109, Natural Resources Code, is   amended by amending Subsections (a) and (b) and adding Subsections   (a-1), (a-2), and (a-3) to read as follows:          (a)  In this section, "commercial disposal facility" has the   meaning assigned by Section 91.116.          (a-1)  A person applying for or acting under a commission   permit to operate a commercial disposal facility shall maintain a   performance bond or other form of financial security conditioned   that the permittee will operate and close the facility in   accordance with state law, commission rules, and the permit to   operate the facility.          (a-2)  A person applying for or acting under a commission   permit to store, handle, treat, reclaim, or dispose of oil and gas   waste, other than a permit to operate a commercial disposal   facility, may be required by the commission to maintain a   performance bond or other form of financial security conditioned   that the permittee will operate and close the storage, handling,   treatment, reclamation, or disposal site in accordance with state   law, commission rules, and the permit to operate the site. However,   this section does not authorize the commission to require a bond or   other form of financial security for saltwater disposal pits,   emergency saltwater storage pits (including blow-down pits),   collecting pits, or skimming pits provided that such pits are used   in conjunction with the operation of an individual oil or gas lease.          (a-3)  Subject to the refund provisions of Section 91.1091,   proceeds from any bond or other form of financial security required   by this section shall be placed in the oil and gas regulation and   cleanup fund. Each bond or other form of financial security shall   be renewed and continued in effect until the conditions have been   met or release is authorized by the commission.          (b)  In addition to the financial security requirements of   Subsections (a-1) and (a-2) [Subsection (a)], a person required to   file a bond, letter of credit, or cash deposit under Section 91.103   who is involved in activities other than the ownership or operation   of wells must file the bond, letter of credit, or cash deposit at   the time of filing or renewing an organization report required by   Section 91.142 according to the following schedule:                (1)  no bond, letter of credit, or cash deposit if the   person is a:                      (A)  local distribution company;                      (B)  gas marketer;                      (C)  crude oil nominator;                      (D)  first purchaser;                      (E)  well servicing company;                      (F)  survey company;                      (G)  salt water hauler;                      (H)  gas nominator;                      (I)  gas purchaser; or                      (J)  well plugger; or                (2)  a bond, letter of credit, or cash deposit in an   amount not to exceed $25,000 if the person is involved in an   activity that is not associated with the ownership or operation of   wells and is not listed in Subdivision (1).          SECTION 2.  The heading to Section 91.116, Natural Resources   Code, is amended to read as follows:          Sec. 91.116.  NOTICE OF COMMERCIAL [SURFACE] DISPOSAL   FACILITY PERMIT APPLICATION.          SECTION 3.  Sections 91.116(a) and (b), Natural Resources   Code, are amended to read as follows:          (a)  In this section, "commercial [surface] disposal   facility" means a facility whose primary business purpose is to   provide, for compensation:                (1)  [,] surface disposal of oil field fluids or oil and   gas wastes, including land application for treatment and disposal;   or                (2)  the injection of drill cuttings, drilling mud, or   other solid or semi-solid oil using a Commercial oil and gas waste   stationary treatment facilities.          (b)  A person who files an application for a permit for a   commercial [surface] disposal facility shall publish notice of the   application in accordance with this section.          SECTION 4.  The heading to Section 91.117, Natural Resources   Code, is amended to read as follows:          Sec. 91.117.  PUBLIC INFORMATION HEARING ON APPLICATION FOR   COMMERCIAL [SURFACE] DISPOSAL FACILITY PERMIT.          SECTION 5.  Sections 91.117(a) and (b), Natural Resources   Code, are amended to read as follows:          (a)  In this section, "commercial [surface] disposal   facility" has the meaning assigned by Section 91.116.          (b)  The commission may hold a public meeting to receive   public comment on an application for a commercial [surface]   disposal facility if the commission determines a public meeting is   in the public interest.          SECTION 6.  Subchapter D, Chapter 91, Natural Resources   Code, is amended by adding Sections 91.118 and 91.119 to read as   follows:          Sec. 91.118.  DEMONSTRATION OF NECESSITY REQUIRED FOR   CERTAIN COMMERCIAL DISPOSAL FACILITY PERMITS. (a) In this   section, "commercial disposal facility" has the meaning assigned by   Section 91.116.          (b)  The commission may not approve an application for a   permit for a commercial disposal facility unless the person   applying for the permit demonstrates the necessity for an   additional commercial disposal facility in the primary market area,   as established by the commission, in which the facility will be   located.          (c)  To demonstrate the necessity for an additional   commercial disposal facility, the applicant must include with the   applicant's permit application for the commercial disposal   facility:                (1)  a map and list of all permitted commercial   disposal facilities located within a 30-mile radius of the location   of the site for which the applicant is applying for the permit; and                (2)  the number of oil and gas wells located within a   30-mile radius of the location of the site for which the applicant   is applying for a permit in the year preceding the date on which the   applicant submitted the application for the permit.           (d)  In addition to the information required under   Subsection (c), the applicant may submit to the commission other   relevant economic, environmental, and feasibility information to   demonstrate the necessity of the commercial disposal facility.          Sec. 91.119.  APPLICATION FEE FOR CERTAIN COMMERCIAL   DISPOSAL FACILITIES. (a)  In this section, "commercial disposal   facility" has the meaning assigned by Section 91.116.          (b)  With each application for a commercial disposal   facility permit, the applicant shall submit to the commission a   nonrefundable fee of $100,000.          (c)  The application fee under Subsection (b) is not   applicable to commercial disposal facility permit holders seeking   the renewal or modification of a permit in effect before September   1, 2025.          SECTION 7.  Section 27.073(a), Water Code, is amended to   read as follows:          (a)  A person to whom an injection well permit is issued,   other than a permit for a well subject to Section 91.109(a-1),   Natural Resources Code, may be required by the commission or   railroad commission to maintain a performance bond or other form of   financial security to ensure that:                (1)  an abandoned injection well is properly plugged;   or                (2)  funds are available for plugging, postinjection   site care, and closure of an anthropogenic carbon dioxide injection   well subject to Subchapter C-1.          SECTION 8.  This Act takes effect September 1, 2025.