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The Wise Report
May 18, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold. Bills that have been passed are noted with an “*”:

HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/17/2013, Conference committee report filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 2/17/2013, signed in the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/30/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013, Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB100

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 4/30/2013, failed to receive affirmative vote in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/9/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 5/20/2013, Placed on local & uncontested calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/17/2013, Senate amendments distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

*HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/16/2013, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/20/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

*HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/14/2031, sent to the Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2046.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 5/8/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/6/25013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/10/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/9/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 4/23/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2769.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparity between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/15/2013, Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3539.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

*SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/17/2013, passed. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB206

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/14/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 5/14/2013, no action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/6/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 5/14/2013, failed to receive affirmative once in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB536.

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB584.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/16/2013, left pending committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB941.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1168.

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1249.

*SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/16/2013, Sent to Governor. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1763.

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1819.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 18, 2013

___________________________________________________

The Wise Report
May 11, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 4, by Ritter, Price, Johnson, Doug Miller, and Lucio III, Relating to the administration and functions of the Texas Water Development Board; authorizing the issuance of revenue bonds. Senate amendment reduces the Texas Water Development Board from 6 voluntary members to 3 full-time members. Those member appointed must be one member must have experience in the field of engineering, one member must have experience in the field of public or private finance, and one member must have experience in the field of law or business. 5/8/2013, Senate appoints conferees-reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=HB4

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/13/2013, not again placed on intent calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB100

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 5/9/2013, committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/3/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/7/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/14/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/9/2013, conference committee report diatributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/14/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/7/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/9/2013, referred to Energy Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/15/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 5/8/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB584.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/6/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB941.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1168.

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1249.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 5/9/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1763.

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1819.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 11, 2013

_____________________________

The Wise Report
May 4, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 5/7/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 5/3/2013, reported engrossed. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/30/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 5/3/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 5/7/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/1/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 5/1/2013, Senate appoints conferees - reported. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/26/2013, Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 5/2/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 5/7/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 5/2/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 5/2/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 5/2/2013, reported favorably without amendments. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 5/2/2013, received from the senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 5/2/2013, received from the senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB941.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/24/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 5/7/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
May 4, 2013

____________________________________________

The Wise Report
April 27, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/18/2013, referred to Business& Comerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/26/2013, recommitted to committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/25/2013, returned to Local & Consent Calendars Committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/30/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/30/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/24/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 5/1/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/25/2013, House appoints conferees. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/26/2013, Committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/18/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/26/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 4/26/2013, Reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/26/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/26/2013, passed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/17/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/30/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 4/24/2013, committee report printed and distibuted. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/24/2013, committee report printed and distibuted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/24/2013, not again placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/24/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 27, 2013

________________________

The Wise Report
April 20, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/18/2013, referred to Business & Comerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/19/2013, committee report sent to calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/15/2013, committee report sent to Local & Consent Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 4/23/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/19/2013, reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/19/2013, reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/17/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/18/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 44/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2769.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 4/16/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 4/16/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/8/2013, referred to Licensing & Administrative Procedures. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 4/23/2013, scheduled for public hearing. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/23/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/19/2013, received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB536.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/15/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/17/2013, Placed on Intent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 20, 2013

_____________________________

The Wise Report
April 13, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/11/2013, received from the House. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/11/2013, reported favorably as substituted. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/18/2013, placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/2/2013, House Committee report sent to Local & consent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/10/2013, considered in public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/11/2013, reported favorably as substituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 4/10/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/9/2013, no action taken in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/11/2013, reported favorably without amendment(s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. Scheduled for public hearing on 4/16/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. Scheduled for public hearing on 4/17/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 4/8/2013, referred to Licensing & Administrative Procedures. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/11/2013, received from the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 4/8/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/15/2013, placed on intent calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 13, 2013

__________________________________

The Wise Report
April 6, 2013
Henry M. Wise, P.G.

It’s amazing how fast things can change sometimes. On Monday, April 1, 2013 Matt Cowan, President of Texas Association of Professional Geoscientists, informed me, among others, that an amendment to the Texas State Budget bill had been submitted by Representative Jeff Leach (Plano) to defund the Texas Board of Professional Geoscientists (TBPG) and give the money to the Texas Teacher's Retirement System for Health Insurance (no, this wasn’t an April Fool joke). My understanding is that the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of Agriculture, among others in different amendments, among others for the same purpose. Thanks to the work Matt Cowan and John Mikels (Geos Consulting), among others, Representative Leach was convinced to withdraw the amendment against the TBPG on Wednesday April 3, 2013.
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The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 4/9/2013, placed General State Calendar. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 4/2/2013, left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 4/4/2013, referred to Administration. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 4/5/2013, corrected committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 4/2/2013, House Committee report sent to Local & consent Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 4/5/2013, committee report sent to Calendars. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 4/10/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 4/3/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 4/2/2013, committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 4/2/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 4/2/2013, left pending in committee.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1249.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 4/9/2013, scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district.3/25/2013, referred to Natural Resources.For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1749.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
April 6, 2013

________________________________

The Wise Report
March 30, 2013
Henry M. Wise, P.G.

The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/26/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/27/2013, Reported engrosed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 3/26/2013, reported favorably as sutstituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/20/2013, reported favorably as subsituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/26/2013, reported favorably without amendments. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/26/2013, Referred to Business & Commerce. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2046.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. Scheduled for public hearing on 4/3/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB206

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/26/2013, considered in public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. Scheduled for public hearing on 4/2/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB584.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB941.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1168.

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. Scheduled for public hearing on 4/2/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1249.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/25/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1749.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/25/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/25/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1763.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 30, 2013

_______________________________________

The Wise Report
March 23, 2013
Henry M. Wise, P.G.

Seems like Texas isn’t the only state to have to defend its PG license. My sources tell me that Indiana has a looming threat to licensing of its PGs. A new bill could eliminate LPG as a licensed occupation in Indiana unless the legislature specifically acts prior to July 1, 2015. In addition, unless the legislature renews the LPG legislation every five years it will automatically expire. Interestingly, engineers in Indiana are one of the few professions that are currently licensed that this bill does not include. Here is a link to the bill: http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2013&request=getBill&docno=520

A similar bill has been introduced in Missouri (HB-659) which would eliminate the requirement for a registered geologist to either do or supervise geologic work. Evidently South Carolina is facing the same thing and California is considering repealing their PG laws. If you are working in any of these states you may want to help them stop these bills.
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The following filed bills may be of interest to Texas geologists. New information is listed in bold:

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. As of: 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. As of: 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. As of: 3/13/2013 Left pending in committee. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB100

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." As of: 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. As f: 2/11/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=426

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, Referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/26/2013, Placed on General State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/19/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 824, by Callegari, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. It's not necessary to notify the TCEQ of an accidental discharge or spill of 1,500 gallons or less from a wastewater treatment facility or works. 3/5/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB824.

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/20/2013, reported favorably as subsituted. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/12/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/21/2013, Reported engrossed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2046, by Workman. Identical to SB 1024. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/5/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2046.

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. 3/7/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2146.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Scheduled for public hearing on 3/27/2013. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water-well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/18/2013, Referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2769, by Rodriguez, Justin. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/14/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2769.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 3/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3539.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/20/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 3/14/2013, received from the Senate. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB206

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water-well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB434.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 536, by Hinojosa. Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB536.

SB 584, by Hegar. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons. 2/20/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB584.

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. 3/5/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB873.

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB941.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1168, by Hegar. Identical to HB 1189. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1168.

SB 1249, by Carona. Relating to plugging, capping, repairing, or completing certain wells. 3/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1249.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532.

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1749.

SB 1760, by Uresti. Identical to HB 2578. Relating to the development of brackish groundwater. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1760.

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1763.

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/19/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1819.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 23, 2013

___________________________________________________________

The Wise Report
March 17, 2013
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has proposed amendments to the following two rules:

A proposal of amendment to 22 TAC 851.30, regarding firm registration; it is proposed to remove the requirement that a P.G. who performs or supervises the geoscience work for a Geoscience Firm must be a regular full-time employee.
A proposal of amendment to 22 TAC 851.152, regarding firm compliance; it is proposed to remove the requirement that a firm that offers or is engaged in the non-exempt public practice of geoscience in Texas has 30 days to comply with written notice from TBPG regarding the requirement to be registered with TBPG.

To submit comments on either of these proposed rules, please submit comments in writing to TBPG at P O Box 13225, Austin, TX 78711, or by e-mail to chorton@tbpg.state.tx.us by April 8, 2013. All comments received on the proposed amendments will be reviewed by the Board at its next Board meeting on Friday, April 19, 2013 in Austin, Texas. For more information go to: http://r20.rs6.net/tn.jsp?e=001vxkDohosxnqU150mCYl2QQCPWL-UrbJG5h9o-od3dg4Gr1fLDxx47Oa6sXqQspOzSSw3P92z9udclfTom2dTW3ALUpynT3mBy_41CvDcl3r2LqBcc_IZl-NSoXpJbsvZ_ZAI_vLJnCNL9CEIglkEdPZhasT5ZuG1u7g9k7XfOtk0dfsTZW4PLDZWkPHBGw_myJYwlXpod0
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Friday, March 8, 2013 was the official last day to file bills for this session. This should be final list of bills of interest to Texas geologists, but I’ll be watching to see if any new ones slip through. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 3/12/2013, committee report sent to Calendars. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB86

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB87

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Scheduled for public hearing on 3/19/2013. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB100

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/6/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB147

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB340

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 3/13/2013, Reported favorably without amendment (s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. 3/13/2013, Reported favorably without amendment (s). For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB569

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 3/19/2013, Scheduled for public hearing. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB788

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 3/13/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB878.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 3/12/2013, Left pending in committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1079.

HB 1189, by Larson. Identical to SB 1168. Relating to interstate cooperation to address regional water issues. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1189.

HB 1600, by Cook. Identical to SB 206. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 3/20/2013, Placed on Major State Calendar. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB1600.

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. 3/7/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2166.

HB 2577, by Larson. Identical to SB 272. Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2577.

HB 2578, by Larson. Identical to SB 1760. Relating to the development of brackish groundwater. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2578.

HB 2624, by Ashby. Relating to the regulation of water wells under the jurisdiction of the Texas Commission of Licensing and Regulation to prevent groundwater pollution. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2624.

HB 2739, by Martinez, Fischer. Identical to SB 1763. Relating to the process for appealing the desired future conditions adopted by a groundwater conservation district for an aquifer. 3/6/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2739.

HB 2992, by King, Tracy O. Relating to the reuse, discharge, or disposal of fluid produced from certain oil or gas wells on which a hydraulic fracturing treatment has been performed. 3/7/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB2992.

HB 3114, by Hilderbran. Relating to the regional groundwater planning process for minor aquifers. 3/7/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3114.

HB 3250, by Callegari. Relating to protecting landowners against aquifer depletion. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3250.

HB 3289, by Martinez. Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity. This is a new license for TPDES-related stormwater work. There's a disparagy between PGs, who have to show experience, and PEs and architects, who don't. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3289.

HB 3309, by Crownover. Relating to the composition and use of money in the oil and gas regulation and cleanup fund. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3309.

HB 3317, by Keffer. Identical to SB 1749. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3317.

HB 3539, by Gutierez. Relating to the source and supply of water used for oil and gas exploration and production in the State of Texas. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3539.

HB 3599, by Burnam. Relating to restrictions on the siting, drilling, completion, and operation of oil and gas wells in certain locations. 3/8/2013, filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB3599.

SB 136, by Ellis, Identical to HB 100. Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB136

SB 138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB138

SB 206, by Nichols. Identical to HB 1600. Relating to the continuation and functions of the Public Utility Commission of Texas, to the transfer of certain functions from the Texas Commission on Environmental Quality to the Public Utility Commission of Texas, and to the functions of the Office of Public Utility Counsel; authorizing a fee. Transfers the powers, duties, functions, programs, and activities of the Texas Commission on Environmental Quality (TCEQ) relating to the economic regulation of water and sewer service to the Public Utility Commission of Texas (PUC). 2/25/2013, referred to Business & Commerce. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB206

SB 212, by Nichols, Huffman. Identical to HB 2166. Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. 3/12/2013, referred to Natural Resources. For more information go to:http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB212

SB 272, by Seliger. Identical to HB 2577, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us/BillLookup/history.aspx?LegSess=83R&Bill=SB272.

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB467.

SB 1024, by Watson. Identical to HB 2046. Relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer. 3/12/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1024.

SB 1532, by Zaffirini. Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1532 .

SB 1749, by Uresti. Identical to HB 3317. Relating to the exemption of a water well from certain permitting by and compliance with rules of a groundwater conservation district. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1749 .

SB 1763, by Uresti. Identical to HB 2539. Relating to permitting requirements of groundwater conservation districts, including permits to transfer water. 3/8/2013, Filed. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1763 .

SB 1819, by Deuell. Relating to the location of a sand mine; authorizing an administrative penalty. 3/12/2013, received by the Secretary of the Senate. For more information go to: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=SB1819 .

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 17, 2013

__________________________________________

The Wise Report
March 2, 2013
Henry M. Wise, P.G.

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

The recently revised Construction General Permit for Stormwater becomes effective on Tuesday, March 5, 2013, and all authorizations issued under the current CGP will expire. For coverage under the new permit, a Notice of Intent (NOI) should be submitted after March 5, 2013. Operators of large construction activities previously authorized under the expiring CGP have 90 days to submit a new NOI and application fee. The new CGP and the updated forms will be posted on the TCEQ website at: http://www.tceq.texas.gov

Bloomberg reports the series of automatic Federal spending cuts will result in an estimated $154 million reduction in federal funding for state environmental programs, according to the White House Council on Environmental Quality. The news organization reports environmental funding for Texas would will be $8.47 million less. An estimated $46.2 million in anticipated cuts to federal fish and wildlife protection grants is also outlined in the e-mail. For the full story go to: sequestration-cuts-154m...

Today, the Texas Senate unanimously confirmed the appointment of Toby Baker of Austin to serve as a Commissioner of the Texas Commission on Environmental Quality. Comm. Baker has been serving in that capacity since his appointment by Governor Rick Perry on April 16, 2012. His term will expire on Aug. 31, 2017. For the complete announcement go to: http://www.tceq.texas.gov/

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Scheduled for formal meeting on 3/4/2013. For more information go to: http://www.capitol.state.tx.us

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. This bill also opens the door to more attacks on the TBPG, among other Boards. 2/25/2013, left pending in committee. For more information go to: http://www.capitol.state.tx.us

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 2/18/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us

HB 147, by Burkett, Duplicate to HB 426, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/6/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Scheduled for formal meeting on 3/6/2013. For more information go to: http://www.capitol.state.tx.us

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 2/18/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 2/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/19/2013, referred to Energy Resources. For more information go to: http://www.capitol.state.tx.us

HB 2146, by Hilderbran, Relating to limits on mining of marl, sand, gravel, shell, or mudshell in certain protected freshwater areas. Allows for no more than 1,000 cubic yards from the area located east of IH-35. Filed 3/1/2013. For more information go to: http://www.capitol.state.tx.us

HB 2166, by Bonnen and Dennis, Relating to the continuation, functions, and name of the Railroad Commission of Texas; providing for the imposition of fees, the repeal of provisions for the suspension of the collection of fees, and the elimination of a fee. Among other things, changes the name of the RRC to the Texas Energy Resources Commission. Filed 3/1/2013. For more information go to: http://www.capitol.state.tx.us

SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us

SB 272, by Seliger, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/19/2013, left pending in Committee. For more information go to: http://www.capitol.state.tx.us

SB 873, by Hegar. Relating to the authority of a groundwater conservation district to require a permit for the drilling or operation of a water well used to supply water for the performance of a hydraulic fracturing treatment on an oil or gas well. Groundwater Districts may not provide an exemption to the requirement to obtain a permit. Filed 2/27/2013. For more information go to: http://www.capitol.state.tx.us

SB 941, by Davis. Relating to the adoption of rules by the Railroad Commission of Texas regulating the exploration for and production of natural gas in the unincorporated areas of certain counties. "Rules adopted under this section must promote gas exploration and production while securing the quality of life and existing economic interests, including property values and development plans, in the unincorporated areas of the counties.". Filed 2/28/2013. For more information go to: http://www.capitol.state.tx.us

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
March 2, 2013

The Wise Report
February 23, 2013
Henry M. Wise, P.G.

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Scheduled for public hearing on 2/25/2013. For more information go to: http://www.capitol.state.tx.us

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. &“
This bill also opens the door to more attacks on the TBPG, among other Boards. Scheduled for public hearing on 2/25/2013. For more information go to: http://www.capitol.state.tx.us

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Filed 1/24/2013. For more information go to: http://www.capitol.state.tx.us

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. 2/18/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. 2/18/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. 2/18/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us

SB 467, by Hegar. Very similar to HB 147 and HB 426. Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. 2/13/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

SB 536, by Hinojosa. 2/20/2013, referred to Natural Resources, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. For more information go to: http://www.capitol.state.tx.us

SB 584, by Hegar. 2/20/2013, referred to Natural resources. Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
February 23, 2013

The Wise Report
February 17, 2013
Henry M. Wise, P.G.

The Texas Commission on Environmental Quality (TCEQ) proposes new §336.227 to establish an exemption from the TCEQ low-level radioactive waste (LLRW) licensing requirements for the disposal of certain radioactive tracers used in the exploration, development or production of oil and gas resources. On October 8, 2012, the executive director received a Petition for Rulemaking request from Baker Botts L.L.P., on behalf of ProTechnics Division of Core Laboratories LP. ProTechnics provides oil and gas diagnostic services to well operators to optimize reservoir performance and maximize hydrocarbon recovery from producing fields. These services include the use of radioactive tracers that are introduced into hydraulic fracturing fluids that enable well operators to take well log measurements to identify the intervals where the fluids are placed. ProTechnic's petition requested that the TCEQ establish an exemption in rule for the disposal of the radioactive tracers used in the hydraulic fracturing operations. After considering the petition on December 5, 2012, the commission directed the executive director to initiate this rulemaking.

Occasionally, the fracking fluids and tracer material can be released back out of the well during a "sandout" and is returned to the surface. The Texas Department of State Health Services (DSHS) and the Railroad Commission of Texas (RRC) have authorized the disposal of the returned material in earthen pits at the well site or in a Class II injection well. The DSHS granted this exemption under Texas Health and Safety Code (THSC), §401.106(a) through the radioactive material license issued by DSHS to authorize the use of radioactive tracers for disposal in the earthen pits and in 25 TAC §289.253(u)(3) for disposal in a Class II injection well. Both of these exemptions have also been granted on the radioactive material licenses issued by the Nuclear Regulatory Commission (NRC). In 2007, Senate Bill 1604 of the 80th Legislature conferred TCEQ with the authority to exempt a source of radiation from the licensing requirements under the TCEQ's jurisdiction. Because the commission has jurisdiction over the disposal of radioactive substances in THSC, §401.011(b)(1), the authority to exempt radioactive substances from disposal requirements in THSC, §401.106(a) rests with the commission.

An analysis by DSHS and the NRC determined that the disposal of the radioactive tracers would not result in a significant risk to public health and safety or to the environment. The radioactive tracers have a half-life of less than 120 days and are in a form that will not leach into and migrate with the groundwater. The on-site disposal pits must be covered with at least two feet of clean soil. The TCEQ has reviewed various pit disposal dose models, including worst-case-scenarios, that show that the total effective dose equivalent to individual members of the public from the closed pit is well below the 0.1 rem per year dose limit. Class II injection wells are permitted by the RRC after a determination that groundwater and surface water are protected from pollution. According to the petition, the disposal of radioactive tracers in earthen pits has occurred without any reported or known harm to public health and safety or the environment since May 12, 1992. The TCEQ agrees with the determinations of both the DSHS and the NRC and finds that the proposed exemption for the on-site pit disposal and Class II injection well disposal of the tracers will not constitute a significant risk to the public health and safety and the environment. For more information go to: http://www.sos.state.tx.us

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 2/5/2013, referred to Government Efficiency & Reform. For more information go to: http://www.capitol.state.tx.us

HB 87, by Callegari, Relating to regulation of an individual's occupation. "An individual may engage in an occupation not prohibited by law without being subject to a state agency rule, policy, or practice that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “
This bill also opens the door to more attacks on the TBPG, among other Boards. 2/5/2013, referred to Government Efficiency & Reform. For more information go to: http://www.capitol.state.tx.us

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Filed 11/29/2012.For more information go to: http://www.capitol.state.tx.us

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. 2/11/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

HB 426, by Creighton, Duplicate to HB 147, very similar to SB 467, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/11/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. 2/14/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Filed 1/24/2013. For more information go to: http://www.capitol.state.tx.us

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. Filed 1/29/2013. For more information go to: http://www.capitol.state.tx.us

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. Filed 1/31/2013. For more information go to: http://www.capitol.state.tx.us

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. Filed 2/7/2013. For more information go to: http://www.capitol.state.tx.us

SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 Committee report printed and distributed. For more information go to: http://www.capitol.state.tx.us

SB 272, by Seliger, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. Scheduled for public hearing on 2/19/2013. For more information go to: http://www.capitol.state.tx.us.

SB 536, by Hinojosa. 2/13/2013, referred to Natural Resources, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule. For more information go to: http://www.capitol.state.tx.us.

SB 584, by Hegar. Filed 2/14/2013, Relating to a volume-based exemption from reporting requirements for accidental discharges or spills from wastewater facilities. Reportable sewage spills from a wastewater treatment facility are greater than 1,500 gallons.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
February 17, 2013

The Wise Report
February 9, 2013
Henry M. Wise, P.G.

The Texas Board of Professional Geoscientists (TBPG) has adopted amendments to 22 TAC §§851.25, 851.30, and §851.45, concerning the licensure and regulation of Professional Geoscientists (P.G.s).

The adopted amendment to §851.25 provides that a commercial evaluation of a degree shall be accepted in lieu of an official transcript only if the credential evaluation service has indicated that the credential evaluation was based on a verified official academic record or transcript.

Amendments to §851.30 regard firms that offer or perform geoscience services on a part-time basis, and they eliminate the requirement that a P.G. in responsible charge must have a physical presence at the relevant firm location and be a regular full-time employee of the firm. The amendment also clarifies that a firm's registration cannot be renewed once the registration has been expired for one year. A firm must re-apply to become registered again.

Amendments to §851.45 are adopted to clarify the requirements regarding the P.G. application process for an individual who is certified as a Geoscientist-in-Training.

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. 2/5/2013, referred to Government Efficiency & Reform. For more information go to: http://www.capitol.state.tx.us

(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation. “

This bill also opens the door to more attacks on the TBPG, among other Boards. 2/5/2013, referred to Government Efficiency & Reform. For more information go to: http://www.capitol.state.tx.us

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Filed 11/29/2012.For more information go to: http://www.capitol.state.tx.us

HB 147, by Burkett, Duplicate to HB 426, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." 2/6/2013, referred to Environmental Regulation. For more information go to: http://www.capitol.state.tx.us

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. Filed 1/3/2013. For more information go to: http://www.capitol.state.tx.us

HB 426, by Creighton, Duplicate to HB 147, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." Filed 1/10/2013. For more information go to: http://www.capitol.state.tx.us

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. Filed 1/16/2013. For more information go to: http://www.capitol.state.tx.us

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Filed 1/24/2013. For more information go to: http://www.capitol.state.tx.us

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. Filed 1/29/2013. For more information go to: http://www.capitol.state.tx.us

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. Filed 1/31/2013. For more information go to: http://www.capitol.state.tx.us.

HB 1079, by Smith, Identical to SB 434. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. Filed 2/7/2013. For more information go to: http://www.capitol.state.tx.us.

SB 136, by Ellis, Identical to HB 100.Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. 1/29/2013, referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. 2/5/2013 referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us

SB 272, by Seliger, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. 2/5/2013 referred to Natural Resources. For more information go to: http://www.capitol.state.tx.us.

SB 434, by Smith, Identical to HB 1079. Relating to the procedural requirements for action by the Texas Commission on Environmental Quality on applications for production area authorizations. Filed 2/7/2013. For more information go to: http://www.capitol.state.tx.us 434.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
February 9, 2013

The Wise Report
February 3, 2013
Henry M. Wise, P.G.

The Texas Railroad Commission (RRC) is withdrawing proposed amendments to §§3.13, 3.99, and 3.100 (published in the September 7, 2012, issue of the Texas Register), and approved a revised set of proposed amendments for those same three rules. The proposed amendments address the transfer from the Texas Commission on Environmental Quality (TCEQ) to the RRC of the Groundwater Advisory Unit, and clarify requirements for drilling, casing, cementing, and fracture stimulation, and other subjects. The proposal will be published in the Friday, February 15, 2013, issue of the Texas Register, however you can find a pre-publication version at: http://www.rrc.state.tx.us/rules/wdraw-and-repropose-3-13-amdts-Jan29-2013-sigs.pdf.

The following bills that may be of interest to Texas geologists have been filed. New information is listed in bold (one new bill listed):

HB 86, by Callegari, Relating to the criteria for review by the Sunset Advisory Commission of an agency that licenses an occupation. "A member of the legislature may submit proposed legislation that would create an occupational licensing program or significantly affect an existing occupational licensing program to the commission for review and analysis." This bill opens the door to more attacks on the TBPG, among other Boards. Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us

(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.

(b) A state agency rule, policy, or practice may substantially burden an individual's right to engage in an occupation only if the agency demonstrates that the rule, policy, or practice is necessary to fulfill the purpose and intent of the statute authorizing the regulation of the occupation.

This bill also opens the door to more attacks on the TBPG, among other Boards." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us

HB 100, by Taylor, Van, Identical to SB 136, Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage.Filed 11/29/2012.For more information go to: http://www.capitol.state.tx.us

HB 147, by Burkett, Duplicate to HB 426, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us

HB 340, by Rodriguez, Eddie, Relating to the power of the Texas Commission on Environmental Quality to authorize certain injection wells that transect or terminate in the Edwards Aquifer. Allows injection wells that transect or terminate in that portion of the Edwards Aquifer inside the boundaries of Barton Springs Edwards Aquifer Conservation District. Filed 1/3/2013.For more information go to: http://www.capitol.state.tx.us

HB 426, by Creighton, Duplicate to HB 147, Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality. "Before adopting an environmental rule, the commission shall conduct a regulatory analysis that weighs the costs and environmental effects expected to result from implementation of and compliance with the rule." Filed 11/12/2012. For more information go to: http://www.capitol.state.tx.us

HB 569, by White, Relating to a study on the stringency of state environmental standards. The TCEQ will conduct a study of state environmental statutes and agency rules and assure that they aren't more stringent than Federal requirements. Filed 1/16/2013. For more information go to: http://www.capitol.state.tx.us

HB 677, by Geren, Relating to the regulation and enforcement of dam safety by the Texas Commission on Environmental Quality. Exempts small dams located on private property from meeting requirements related to dam safety. Filed 1/24/2013. For more information go to: http://www.capitol.state.tx.us

HB 788, by Smith, Relating to regulation of greenhouse gas emissions by the Texas Commission on Environmental Quality. The TCEQ will adopt a program for the permitting of greenhouse gases and the program shall remain in effect until it's been determined that greenhouse gas emissions are no longer required to be regulated under federal law, on the effective date of the determination. Filed 1/29/2013. For more information go to: http://www.capitol.state.tx.us

HB 878, by Crownover, Relating to the filing with the state of well logs by operators of oil-related or gas-related wells; providing a penalty. Well logs are to be filed electronically. Filed 1/31/2013. For more information go to: http://www.capitol.state.tx.us.

SB 136, by Ellis, Identical to HB 100.Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Received by the Secretary of the Senate on 11/29/2012.For more information go to: http://www.capitol.state.tx.us

SB138, by Zaffirini, Relating to procedures for filing complaints with, and providing notice of certain violations to, the Texas Board of Professional Geoscientists. This bill is designed to foster cooperation between agencies. As of now, the PG Board can only discover violations if a public complaint is made or the Board finds it themselves. This bill would require other agencies, such as the TCEQ to report violations to the PG Board when they find them. This has not been happening. Scheduled for public hearing on 2/5/2013. For more information go to: http://www.capitol.state.tx.us

SB 272, by Seliger, Relating to water well recordkeeping and reporting requirements, including the production, use, and withdrawal of groundwater. Filed 1/28/2013. For more information go to: http://www.capitol.state.tx.us.

I'll be updating this list in the future, throughout the legislative session.

Henry M. Wise, P.G.
The Wise Report
February 3, 2013

The Wise Report
January 27, 2013
Henry M. Wise, P.G.