Category Archives: Home Rule

Testing the waters

The fracas about fracking continues. Hydraulic  fracturing (fracking) involves shooting 4-6 million gallons of water, sand, and chemicals into the earth to break up stone and rock so that oil and natural gas can be released. The practice has grown substantially in the last decade, and today there are over 7,000 dumping sites in Texas which have waste water from fracking operations.

Fracking concerns range from criticisms about water usage to concerns the process contributes to increased risks of earthquakes. While scientists and policymakers continue to study fracking, there are some who think that greater legislative oversight (government supervision over certain types of activities) is necessary.

This week the Texas Senate Natural Resources Committee examined whether groundwater districts could regulate the water sources used to supply fracking operations.   Senate Bill 873 by Sen. Glenn Hegar (R-Katy) lets local authorities require oil and gas companies obtain permits for the water they use.  The bill would not, however, mandate that all water districts be required to do so, thus allowing home rule (local regulatory codes) to govern the process.  Under current Texas law there is an exemption (legal loophole to avoid regulation) for “drilling and exploration” by oil and gas companies. Some lawmakers think that’s not fair because the law regarding water permits was written over a decade ago before fracking became big.  Supporters argue farmers are required to obtain water permits why shouldn’t oil and gas companies?   Opponents argue it will hinder drilling operations.

It’s not been a good week for concerns about regulatory enforcement of oil and gas sites which fall underneath the Texas Railroad Commission.  That agency was criticized for its failure to comply with requests by the Texas Environmental Enforcement Task Force for documents related to the disposal of fluids from an oil and gas site.  Indeed, the Task Force had to get a search warrant (order issued by a judge that authorizes officers to conduct a search of a specific location) to get the information it needed.  Looks like the Commission may be in hot water.

And speaking of someone who doesn’t have to force the issue and who seems to be testing the waters, some political pundits are wondering whether U.S. Senator Ted Cruz may be already queuing up for bigger offices. The freshman lawmaker (his first term of office started January 3, 2013 as specified in the U.S. Constitution) plans to be a guest speaker at the Silver Elephant Dinner to be held next month in South Carolina.  Past high profile speakers reads like a “Who’s Who” of Republican presidential aspirants including Ronald Reagan, Newt Gingrich, and John McCain.

Wonder if the water’s warm.