When a town puts together an Oil and Gas ordinance, they should have every right to enforce it without the threat of being sued by big money oil and gas.
If a city ordinance prohibits the drilling of an oil or gas well within a certain distance of a home or school, a landowner could bring a claim under the bill. The city would then have three choices: (1) pay the landowner for the money he thinks he could have made from the well; (2) waive the regulation and allow a gas well in the playground of a school or in your backyard; or (3) pay attorneys to litigate the claim. This type of law is commonly known as a “pay or waive” law.
House Committee on Calendars (C050)
Clerk: Jennifer Welch
Legislature: 82(R) - 2011
Phone: (512) 463-0758
Appointment Date: 1/24/2011
Room: EXT E2.148
Rep. Todd Hunter - Todd.Hunter@house.state.tx.us
Rep. Dennis Bonnen -
Rep. Jim Keffer - James.Keffer@house.state.tx.usRep. Tracy O. King -
Jennifer Welch - Jennifer.Welch_hc@house.state.tx.us
It’s current status: It left the House Environmental Committee May 5th, but as of Saturday has not arrived at the House calendars. Here are some points to strees during calls.
Include opposition to SB 875, the amendment to the water code that one that gives a free pass to pollution.
- The testimony in Austin by Mr. Morris re. Red Oak/Riverwalk – 12 variances and what they were plus Timbercreek Elementary – how irresponsible it would have been to have allowed it – esp. 300’ from the hospital right on flood plain to a major tributary into the Trinity River.
- Dallas’s & Houston’s drinking water reservoirs as examples.
- One of the best arguments seems to possibly be how it left the committee – without being placed on the agenda.
- Depression of Property Values would be increased and become statewide -- is a great and very real argument because that would have HUGE fiscal impact to the state, county and local govt. that the TX Municipal League did not address.
- Fiscal impact to administration of court systems – local, state and federal
- Fiscal impact to health care costs –lack of control will lead to irresponsible drilling practices, more emissions, accidents and spills near homes, schools, environmentally sensitive areas.
- Unpopular with the vast majority of residents, especially since it may extend to right to regulate other businesses
- Unconstitutional -- since it places right to gather minerals above rights to clean air, water, soil, safe and orderly environment which is opposite to prior court rulings over almost the last 100 years.
Click here for more info on HB 3105