State Representative Van Taylor, R-Plano, and Senator Rodney Ellis, D-Houston, have introduced a bill to allow for forced pooling in Texas. The House bill, HB 100, may be viewed here. The bill would allow an operator to force-pool mineral, royalty and leasehold interests into a unit if the operator obtains…
Articles Posted in Legislation
Congressmen Weigh In on Proposed BLM Rules on Hydraulic Fracturing
This summer, the Department of Interior’s Bureau of Land Management issued proposed rules relating to disclosure of the content of frac fluids and handling of frac fluids used in wells drilled on puclic lands managed by the BLM. Last week a group of Congressmen led by Congressman Edward J. Markey,…
New Railroad Commission Rules
The Texas Railroad Commission has been issuing new rules and proposed rules affecting oil and gas exploration activities that landowners should know about. New Penalty Guidelines The RRC proposed new rules earlier this year establishing guidelines for penalties for violations of RRC rules. This month, the RRC adopted those proposed…
Report Card on HB 2259 – Inactive Wells
In its 2009 Legislative Session, the Texas Legislature passed House Bill 2259, whose stated purpose is to ensure that inactive oil and gas wells get plugged and that surface equipment associated with those wells gets removed. I provided a summary of the bill’s terms in a post on this site.…
Texas Railroad Commission Staff Proposes Draft Rule for Disclosure of Frac Chemicals
The staff of the Texas Railroad Commission has proposed to the Commision rules to implement House Bill 3328, passed by the last Legislature, requiring the disclosure of chemicals used in frac fluids. The rules will be subject to a period for public comment, and a hearing will be held on…
Oil and Gas-Related Legislation from the 82nd Texas Legislative Session
Bills of Interest from the Texas Legislature’s now-completed session: SB 652 – re-authorized the Texas Railroad Commission for two more years. The Lege was unable to agree on changes recommended by the Sunset Commission to reform the RRC. See my discussion of Sunset recommendations here and here. Legislators could not agree…
Class Action to Force Companies to Reimburse Royalty Owners for Severance Tax Refunds – Coll v. Abaco
Recently some of my clients have received notices of class action settlements in Coll v. Abaco Operating, LLC, et al., in the U.S. District Court for the Eastern District of Texas, Marshall Division, C.A. No. 2:08-CV-345 TJW. The case reveals a little-known aspect of royalty payments: many companies never reimburse…
Railroad Commissioners Defend Themselves Before Texas Sunset Advisory Commission
The three current Texas Railroad Commissioners and the new incoming Commissioner David Porter all testified before the Texas Sunset Advisory Commission earlier this month, defending the RRC against criticism in the Sunset Commission staff report. The three commissioners are elected by Texas voters, and a position on the commission is often…
Texas Sunset Commission Makes Recommendations on Review of Railroad Commission
Texas’ Sunset Advisory Commission has issued its Staff Reports on review of three of the state’s most important regulatory agencies: the Texas Railroad Commission (RRC), the Texas Commission on Environmental Quality (TCEQ), and the Public Utility Commission (PUC). These reports will frame the debate on legislation to renew the mandates…
Water Fight in the Texas Panhandle
T. Boone Pickens has filed a lawsuit to protect his water rights in Hemphill County, a suit that highlights the problems with Texas’ attempt to regulate pumping from aquifers in the State. The suit, Mesa Water, L.P. and G&J Ranch, Inc. v. Texas Water Development Board, was filed in Travis…