reglab/housing_qa huggingface dataset:
TX Nat Res Code § 81.0531 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0531. Administrative Penalty

Sec. 81.0531.  ADMINISTRATIVE PENALTY.  (a)  If a person violates provisions of this title  which pertain to safety or the prevention or control of pollution or the provisions of a rule, order, license, permit, or certificate which pertain to safety or the prevention or control of pollution and are issued under this title, the person may be assessed a civil penalty by the commission.(b)  The penalty may not exceed:(1)  $10,000 a day for each violation that is not related to pipeline safety; or(2)  $200,000 a day for each violation that is related to pipeline safety.(b-1)  Each day a violation continues may be considered a separate violation for purposes of penalty assessments, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.(c)  In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged.  In determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety, the commission shall consider the guidelines adopted under Subsection (d).(d)  The commission by rule shall adopt guidelines to be used in determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety.  The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction.  The guidelines shall take into account:(1)  the permittee's history of previous violations, including the number of previous violations;(2)  the seriousness of the violation and of any pollution resulting from the violation;(3)  any hazard to the health or safety of the public;(4)  the degree of culpability;(5)  the demonstrated good faith of the person charged;  and(6)  any other factor the commission considers relevant.(e)  A penalty collected under this section shall be deposited to the credit of the oil-field cleanup fund.|Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1999, 76th Leg., ch. 1089, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 5, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 1, eff. September 1, 2013.|
TX Nat Res Code § 81.0532 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0532. Penalty Assessment Procedure

Sec. 81.0532.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the person charged with a violation described under Section 81.0531 of this code has been given an opportunity for a public hearing.(b)  If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.(c)  If appropriate, the commission shall consolidate the hearings with other proceedings.(d)  If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.(e)  The commission shall then issue an order requiring that the penalty be paid.|Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.|
TX Nat Res Code § 81.0533 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0533. Payment of Penalty; Refund

Sec. 81.0533.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of an order finding that a violation has occurred, the commission shall inform the person charged within 30 days of the amount of the penalty.(b)  Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:(1)  pay the penalty in full;  or(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:(A)  forward the amount to the commission for placement in an escrow account;  or(B)  in lieu of payment into escrow, post with the commission a supersedeas bond in a form approved by the commission for the amount of the penalty, such bond to be effective until all judicial review of the order or decision is final.(c)  If through judicial review of the decision or order it is determined that no violation occurred or that the amount of the penalty should be reduced or not assessed, the commission shall, within the 30-day period immediately following that determination, if the penalty has been paid to the commission, remit the appropriate amount to the person, with accrued interest, or where a supersedeas bond has been posted, the commission shall execute a release of such bond.(d)  Failure to forward the money to the commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.(e)  Judicial review of the order or decision of the commission assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with the district court of Travis County, Texas, and not elsewhere, as provided for in Subchapter G, Chapter 2001, Government Code.|Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), (59), eff. Sept. 1, 1995.|
TX Nat Res Code § 81.0534 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0534. Recovery of Penalty

Sec. 81.0534.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 81.0531-81.0533 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.|Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.|
TX Nat Res Code § 81.054 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.054. Enforcement by Attorney General

Sec. 81.054.  ENFORCEMENT BY ATTORNEY GENERAL.  (a)  The attorney general shall enforce the provision of this title by injunction or other adequate remedy and as otherwise provided by law.(b)  If an action is instituted by the attorney general under this section alleging a violation of an NPDES permit or the failure to obtain an NPDES permit under Chapter 91 or Chapter 141 of the Natural Resources Code, the attorney general may not oppose intervention by a person who has standing to intervene, as provided by Rule 60, Texas Rules of Civil Procedure.|Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 310, Sec. 5, eff. Aug. 28, 1995.|
TX Nat Res Code § 81.055 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.055. Pipeline System Financial Responsibility Requirements

Sec. 81.055.  PIPELINE SYSTEM FINANCIAL RESPONSIBILITY REQUIREMENTS.(a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(132), eff. June 17, 2011.(b)  If the legislature finds that adoption of such a requirement is desirable, the commission by rule may require an owner, operator, or manager of a pipeline system to obtain evidence of financial responsibility.  The rules must specify the appropriate form and amount of that evidence and may require evidence of financial responsibility in different amounts for different pipeline systems, taking into consideration whether the pipeline system:(1)  has a history of discharges or other violations of regulatory requirements;  or(2)  is located over a public drinking water supply, a natural resource, or a critical groundwater resource or near a school or populated area.|Added by Acts 2001, 77th Leg., ch. 1233, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(132), eff. June 17, 2011.|
TX Nat Res Code § 81.056 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.056. Contamination Report

Sec. 81.056.  CONTAMINATION REPORT.  (a)  In this section:(1)  "Common carrier" has the meaning assigned by Section 111.002.(2)  "Owner of the land" or "landowner" means the first person who is shown on the appraisal roll of the appraisal district established for the county in which a tract of land is located as owning an interest in the surface estate of the land at the time a contamination report is required to be made under this section.(b)  If in the process of placing, repairing, replacing, or maintaining a pipeline a common carrier or an owner or operator of a pipeline observes or detects any petroleum-based contamination of soil or water in proximity to the pipeline, the common carrier or pipeline owner or operator shall report the contamination to the commission and the owner of the land on which the pipeline is located.  Petroleum-based contamination of soil or water that is observed or detected is required to be reported under this subsection if:(1)  hydrocarbons are present on the surface of the water;(2)  at least five linear yards of soil have been affected by hydrocarbons; or(3)  soil affected by hydrocarbons extends beyond the face of the excavation in which the contamination is observed or detected.(c)  The contamination report:(1)  must be made not later than 24 hours after the common carrier or pipeline owner or operator observes or detects the contamination;(2)  must include the global positioning satellite coordinates of the location of the contamination; and(3)  may be made by telephone, facsimile, or electronic mail.(d)  Not later than the third business day after the date the commission receives the contamination report, a person authorized by the commission shall withdraw a soil sample from the contaminated land.  The person is entitled to enter the land for the purpose of withdrawing the sample.(e)  A common carrier or pipeline owner or operator that makes a contamination report under this section is released from all liability for the contamination or the cleanup of the contamination covered by the report, except for any contamination caused by the common carrier or pipeline owner or operator.(f)  The commission shall adopt rules to implement this section.(g)  The commission may use money in the oil-field cleanup fund to implement this section.  The amount of money in the fund the commission may use for that purpose may not exceed the amount of money in the fund that is derived from fees collected under Section 91.142 from common carriers or owners or operators of pipelines as determined annually by the commission.|Added by Acts 2005, 79th Leg., Ch. 339 (S.B. 1130), Sec. 1, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 166 (H.B. 472), Sec. 1, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 166 (H.B. 472), Sec. 2, eff. September 1, 2009.|
TX Nat Res Code § 81.057 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.057. Exemption From Certain Purchasing Rules

Sec. 81.057.  EXEMPTION FROM CERTAIN PURCHASING RULES.  The commission is not required to follow any purchasing procedures prescribed by or under Subchapter E, Chapter 2155, Government Code, when the commission makes a purchase in connection with the remediation of surface locations or well plugging.|Added by Acts 2003, 78th Leg., ch. 1272, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 514 (H.B. 773), Sec. 2, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.06, eff. September 1, 2009.|
TX Nat Res Code § 81.058 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.058. Administrative Penalty for Certain Natural Gas-Related Activities

Sec. 81.058.  ADMINISTRATIVE PENALTY FOR CERTAIN NATURAL GAS-RELATED ACTIVITIES.  (a)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, gatherer, shipper, or seller of natural gas, a person described by Section 81.051(a) or 111.081(a), or any other entity under the jurisdiction of the commission under this code that the commission determines has:(1)  violated a commission rule adopting standards or a code of conduct for entities in the natural gas industry prohibiting unlawful discrimination; or(2)  unreasonably discriminated against a seller of natural gas in the purchase of natural gas from the seller.(b)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, or gatherer of natural gas if the commission determines that the person engaged in prohibited discrimination against a shipper or seller of natural gas because the shipper or seller filed a formal or informal complaint with the commission against the person relating to the person's purchase, transportation, or gathering of the gas.(c)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, gatherer, shipper, or seller of natural gas who is a party to an informal complaint resolution proceeding and is determined by the commission to have:(1)  failed to participate in the proceeding; or(2)  failed to provide information requested by a mediator in the proceeding.(d)  An administrative penalty imposed under this section may not exceed $5,000 a day for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.(e)  If the commission determines after notice and opportunity for hearing that an entity has engaged in prohibited discrimination for which a penalty may be imposed under this section, the commission may issue any order necessary and reasonable to prevent the discrimination from continuing.(f)  The remedy provided by this section is cumulative of any other remedy the commission may order.|Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.|
TX Nat Res Code § 81.059 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.059. Appointment of Mediators for Informal Complaints

Sec. 81.059.  APPOINTMENT OF MEDIATORS FOR INFORMAL COMPLAINTS.  (a)  The commission may provide for the appointment of a commission staff member as the mediator of an informal complaint filed with the commission, or the parties may agree to employ and pay an independent mediator for the purpose of mediating the complaint.(b)  If the parties request that the mediation be conducted at a location other than the offices of the commission in Austin, the parties shall reimburse the commission for the commission's costs related to travel to those other locations.(c)  This section does not prohibit the commission from requiring that the parties participate in a formal complaint resolution proceeding.(d)  At least annually, the commission shall notify oil and gas producers of the existence of any informal complaint resolution process provided for by the commission.(e)  Filing an informal complaint is not a prerequisite for filing a formal complaint.|Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.|
TX Nat Res Code § 81.0591 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0591. Complaints

Sec. 81.0591.  COMPLAINTS.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:(1)  the name of the person who filed the complaint;(2)  the date the complaint is received by the commission;(3)  the subject matter of the complaint;(4)  the name of each person contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint; and(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.(c)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.|
TX Nat Res Code § 81.0592 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.0592. Consumer Interest Information

Sec. 81.0592.  CONSUMER INTEREST INFORMATION.  (a)  The commission shall prepare information of consumer interest describing the regulatory functions of the commission and the procedures by which consumer complaints are filed with and resolved by the commission.(b)  The commission shall make the information available to the public and appropriate state agencies.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.|
TX Nat Res Code § 81.060 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.060. Confidentiality Provisions

Sec. 81.060.  CONFIDENTIALITY PROVISIONS.  (a)  A confidentiality provision may not be required in a contract to which a producer is a party for the sale, transportation, or gathering of natural gas that is entered into on or after September 1, 2007.(b)  A confidentiality provision in a contract to which a producer is a party for the sale, transportation, or gathering of natural gas that was entered into before September 1, 2007, becomes unenforceable on the date the term of the contract expires.|Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.|
TX Nat Res Code § 81.061 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.061. Authority to Establish Market-Based Rates

Sec. 81.061.  AUTHORITY TO ESTABLISH MARKET-BASED RATES.  (a)  This section does not apply to rates established under Chapter 103, Utilities Code, or Subchapter C or G, Chapter 104, of that code.(b)  The commission may use a cost-of-service method or a market-based rate method in setting a rate in a formal rate proceeding.(c)  On the filing of a complaint by a shipper or seller of natural gas, the commission may set a transportation or gathering rate in a formal rate proceeding if the commission determines that the rate is necessary to remedy unreasonable discrimination in the provision of transportation or gathering services.  The commission may set a rate regardless of whether the transporter or gatherer is classified as a utility by other law.|Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.|
TX Nat Res Code § 81.062 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.062. Public Participation

Sec. 81.062.  PUBLIC PARTICIPATION.  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.|
TX Nat Res Code § 81.063 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.063. Issuance, Suspension, or Revocation of License, Permit, or Certificate

Sec. 81.063.  ISSUANCE, SUSPENSION, OR REVOCATION OF LICENSE, PERMIT, OR CERTIFICATE.  (a)  If the commission proposes to suspend or revoke a person's license, permit, or certificate of public convenience and necessity, the person is entitled to a hearing before the commission.(b)  The commission may not:(1)  refuse to issue a license, permit, or certificate to a person because of the person's race, religion, color, sex, or national origin; or(2)  revoke or suspend the license, permit, or certificate of a person because of the person's race, religion, color, sex, or national origin.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.|
TX Nat Res Code § 81.064 (2021)
2021 Texas Statutes|Natural Resources Code|Title 3 - Oil and Gas|Subtitle A - Administration|Chapter 81 - Railroad Commission of Texas|Subchapter C. Jurisdiction, Powers, and Duties|Section 81.064. Powers of Commissioner or Designated Employee in Cases Before Commission

Sec. 81.064.  POWERS OF COMMISSIONER OR DESIGNATED EMPLOYEE IN CASES BEFORE COMMISSION.  (a)  In a case before the commission, a commissioner, or an authorized commission employee, designated by the commission for that purpose, in the same manner as if the entire commission were present, may:(1)  hold a hearing;(2)  conduct an investigation;(3)  make a record of a hearing or investigation for the use and benefit of the commission;(4)  administer an oath;(5)  certify to an official act; and(6)  compel the attendance of a witness and the production of papers, books, accounts, and other pertinent documents and testimony.(b)  The record of a hearing or investigation made under this section that is certified to by the commissioner or employee has the same effect as if made before the commission.  The commission shall determine a case in which the record is made under this section in the same manner as if the record had been made before the commission.(c)  The commission may punish for contempt a person who:(1)  refuses to comply with this section; or(2)  obstructs or attempts to obstruct a proceeding under this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.|