reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.033. Application and Renewal Procedures

Sec. 116.033.  APPLICATION AND RENEWAL PROCEDURES.  (a)  The commission shall adopt rules establishing procedures for submitting and processing applications for issuance and renewal of licenses and for registration.
(b)  A person who is otherwise eligible to renew a license or registration may renew an unexpired license or registration by paying the required renewal fee to the commission before the expiration date of the license or registration.  A person whose license or registration has expired may not engage in activities that require a license or registration until the license or registration has been renewed.
(c)  A person whose license or registration has been expired for 90 days or less may renew the license or registration by paying to the commission a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(d)  A person whose license or registration has been expired for more than 90 days but less than one year may renew the license or registration by paying to the commission a renewal fee that is equal to two times the normally required renewal fee.
(e)  A person whose license or registration has been expired for one year or more may not renew the license or registration.  The person may obtain a new license or registration by complying with the requirements and procedures, including the examination requirements, for obtaining an original license or registration.
(f)  A person who was licensed or registered in this state, moved to another state, and is currently licensed or registered and has been in practice in the other state for the two years preceding the date of application may obtain a new license or registration without reexamination.  The person must pay to the commission a fee that is equal to two times the normally required renewal fee for the license or registration.
(g)  Not later than the 30th day before the date a person's license or registration is scheduled to expire, the commission shall send written notice of the impending expiration to the person at the person's last known address according to the records of the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1233, Sec. 56, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.034. Examination and Seminar Requirements

Sec. 116.034.  EXAMINATION AND SEMINAR REQUIREMENTS.  (a)  The commission may adopt rules providing training and seminar attendance requirements and shall adopt rules providing examination requirements for persons who are required or who wish to be licensed or registered under this chapter.
(b)  The commission may adopt a reasonable fee to cover the cost of any training, examination, or seminar required by and sponsored or administered by the commission.
(c)  Before a license or registration may be issued, the person to be licensed or registered must satisfactorily complete any training, examinations, and seminars required by the commission.
(d)  Not later than the 30th day after the date a person takes a licensing or registration examination under this chapter, the commission shall notify the person of the results of the examination.
(e)  If the examination is graded or reviewed by a testing or proctoring service:
(1)  the commission shall notify the person of the results of the examination not later than the 14th day after the date the commission receives the results from the testing or proctoring service; and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the commission shall notify the person of the reason for the delay before the 90th day.
(f)  The commission may require a testing or proctoring service to notify a person of the results of the person's examination.
(g)  If requested in writing by a person who fails a licensing or registration examination administered under this chapter, the commission shall furnish the person with an analysis of the person's performance on the examination.
(h)  The commission may recognize, prepare, or administer continuing education programs for its licensees and registrants.  A licensee or registrant must participate in the programs to the extent required by the commission to keep the person's license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1233, Sec. 57, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1038 (H.B. 1162), Sec. 1, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 885 (S.B. 1582), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.0345. License or Registration by Endorsement

Sec. 116.0345.  LICENSE OR REGISTRATION BY ENDORSEMENT.  The commission may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license or registration issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 58, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.0346. Provisional License or Registration

Sec. 116.0346.  PROVISIONAL LICENSE OR REGISTRATION.  (a)  The commission may issue a provisional license or registration to an applicant currently licensed or registered in another jurisdiction who seeks a license or registration in this state and who:
(1)  has been licensed or registered in good standing for at least two years in another jurisdiction, including a foreign country, that has licensing or registration requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the commission relating to the activities regulated under this chapter;  and
(3)  is sponsored by a person licensed or registered by the commission under this chapter with whom the provisional license or registration holder will practice during the time the person holds a provisional license or registration.
(b)  The commission may waive the requirement of Subsection (a)(3) for an applicant if the commission determines that compliance with that subsection would be a hardship to the applicant.
(c)  A provisional license or registration is valid until the date the commission approves or denies the provisional license or registration holder's application for a license or registration.  The commission shall issue a license or registration under this chapter to the provisional license or registration holder if:
(1)  the provisional license or registration holder is eligible to be licensed or registered under Section 116.0345;  or
(2)  the provisional license or registration holder:
(A)  passes the part of the examination under Section 116.034 that relates to the applicant's knowledge and understanding of the laws and rules relating to the activities regulated under this chapter in this state;
(B)  meets the academic and experience requirements for a license or registration under this chapter;  and
(C)  satisfies any other licensing or registration requirements under this chapter.
(d)  The commission must approve or deny a provisional license or registration holder's application for a license or registration not later than the 180th day after the date the provisional license or registration is issued.  The commission may extend the 180-day period if the results of an examination have not been received by the commission before the end of that period.
(e)  The commission may establish a fee for provisional licenses or registrations in an amount reasonable and necessary to cover the cost of issuing the license or registration.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 58, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.035. Denial of License

Sec. 116.035.  DENIAL OF LICENSE.  The commission may deny issuance or renewal of a license or registration to any person who fails to qualify under the requirements of this chapter and rules adopted by the commission under this chapter.  The commission shall give written notice to an applicant for the issuance or renewal of a license or for registration of the denial of the license or registration and the reasons for denial.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.036. Insurance Requirement

Sec. 116.036.  INSURANCE REQUIREMENT.  (a)  All licensees must acquire and maintain appropriate workers' compensation or coverage for its employees under policies of work-related accident, disability, and health insurance, including coverage for death benefits, from an insurance carrier authorized to provide coverage in this state and other insurance coverage required by the commission in the amounts required by the commission.
(b)  Notwithstanding Subsection (a) of this section, a state agency or institution, county, municipality, school district, or other governmental subdivision may submit evidence of workers' compensation coverage by self-insurance if permitted by the Texas Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil Statutes).
(c)  The commission shall adopt rules establishing specific requirements for insurance coverage under this chapter and evidence of such coverage.  The types and amounts of insurance coverage required by the commission shall be based on the type and category of licensed activity.  The commission by rule may allow a licensee to self-insure under Subsection (a) or (e) and by rule shall establish standards for that self-insurance.
(d)  The commission may not issue or renew a license, and a licensee may not perform any licensed activity unless the insurance coverage required by the commission's rules is in effect and evidence of that coverage is filed with the commission as required by commission rule.
(e)  Every motor vehicle operated in this state as a conveyance for a CNG or an LNG cargo tank must meet motor vehicle insurance requirements established by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 66, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.037. Disciplinary Action

Sec. 116.037.  DISCIPLINARY ACTION.  (a)  The commission shall notify a licensee or registrant in writing if it finds probable violation or noncompliance with this chapter or the rules adopted under this chapter.
(b)  The notice shall specify the particular acts, omissions, or conduct comprising the alleged violation and shall designate a date by which the violation must be corrected or discontinued.
(c)  The licensee or registrant shall report timely compliance or shall request extension of time for compliance if considered necessary.
(d)  If a licensee or registrant objects to the complaint or requirements under this section, or if the commission determines that the licensee or registrant is not proceeding adequately to compliance, then, on written request of the licensee or registrant or order of the commission, a public hearing must be conducted.
(e)  If the commission or division determines that the probable violation or noncompliance constitutes an immediate danger to the public health, safety, and welfare, it shall require the immediate cessation of the probable violation or noncompliance and proceed with a hearing.
(f)  The commission shall revoke, suspend, or refuse to renew a license or registration or shall reprimand the licensee or registrant if the commission finds that the licensee or registrant has violated or failed to comply with or is violating or failing to comply with this chapter or a rule adopted under this chapter.
(g)  The commission may place on probation a person whose license or registration is suspended.  If a license or registration suspension is probated, the commission may require the person:
(1)  to report regularly to the commission on matters that are the basis of the probation;
(2)  to limit practice to the areas prescribed by the commission;  or
(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
(h)  Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1233, Sec. 59, 60, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.038. Staggered Renewal of Licenses

Sec. 116.038.  STAGGERED RENEWAL OF LICENSES.  The commission by rule may adopt a system under which license and registration fees required by Section 116.032 of this code expire on various dates during the year.  For the year in which the license and registration expiration dates are changed, license and registration fees payable on a specified date shall be prorated on a monthly basis so that each licensee shall pay only that portion of the license and registration fees that is allowable to the number of months during which the license and registration is valid.  On renewal of the license and registration on the new expiration date, the total license and registration fees are payable.
Added by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter D. Motor Vehicle Regulation › Section 116.071. Registration Rules

Sec. 116.071.  REGISTRATION RULES.  The commission shall adopt rules relating to the registration of motor vehicles that are equipped with a CNG or LNG cargo tank and motor vehicles used principally to transport compressed natural gas or liquefied natural gas in portable cylinders or containers.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter D. Motor Vehicle Regulation › Section 116.072. Registration

Sec. 116.072.  REGISTRATION.  (a)  Each motor vehicle that is equipped with a CNG or LNG cargo tank and each motor vehicle used principally to transport CNG or LNG in portable cylinders or containers must be registered with the commission as provided by commission rules.
(b)  The commission may not impose a fee for registration under this section on a motor vehicle owned by a county.
(c)  The commission by rule shall establish a reasonable, nonrefundable annual registration and transfer fee for each CNG or LNG cargo trailer, semitrailer, bobtail, and cylinder-delivery unit registered or transferred as follows:
(1)  the annual registration fee established by the commission shall not be less than $100 nor more than $500;  and
(2)  the annual transfer fee established by the commission shall not be less than $25 nor more than $100.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 375, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 66, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter D. Motor Vehicle Regulation › Section 116.073. Safety Rules

Sec. 116.073.  SAFETY RULES.  The commission shall adopt safety rules relating to the transportation of compressed natural gas and liquefied natural gas in this state.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter D. Motor Vehicle Regulation › Section 116.074. Cooperation of the Department of Public Safety

Sec. 116.074.  COOPERATION OF THE DEPARTMENT OF PUBLIC SAFETY.  The Department of Public Safety shall cooperate with the commission in administering and enforcing this chapter and rules of the commission relating to regulation of motor vehicles required to be registered under this subchapter.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter D. Motor Vehicle Regulation › Section 116.075. Application of Other Laws

Sec. 116.075.  APPLICATION OF OTHER LAWS.  This chapter and the rules adopted under this chapter do not modify, amend, or repeal any laws of this state relating to the regulation of motor carriers.
Renumbered from Sec. 116.076 by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter E. Miscellaneous Provisions › Section 116.101. Malodorants

Sec. 116.101.  MALODORANTS.  Compressed natural gas must be odorized as provided by Subchapter F, Chapter 121, Utilities Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 62, Sec. 18.43, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter E. Miscellaneous Provisions › Section 116.102. Testing Laboratories

Sec. 116.102.  TESTING LABORATORIES.  The commission shall adopt rules relating to testing of CNG and LNG equipment and to the qualifications required of the persons who are to perform those tests.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter E. Miscellaneous Provisions › Section 116.103. Warning Tags

Sec. 116.103.  WARNING TAGS.  (a)  An employee, agent, or inspector of the commission may declare unsafe or dangerous for service any motor vehicle required to be registered under this chapter or any CNG or LNG equipment or system that is defective or that does not otherwise conform to the safety requirements of this chapter and the rules adopted under this chapter and shall attach a warning tag to the motor vehicle, equipment, or system in a conspicuous location.
(b)  A person may not sell, furnish, deliver, or supply compressed natural gas and liquefied natural gas for use or consumption by or through a motor vehicle or system in a public place or operate a motor vehicle having CNG or LNG equipment to which a warning tag is attached.
(c)  A warning tag may be removed on approval of the commission or by a person designated by the commission to remove the tag.  A warning tag may not be removed by any person who is not authorized to remove the tag by the commission.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.141. Injunctive Relief

Sec. 116.141.  INJUNCTIVE RELIEF.  (a)  On request of the commission, the attorney general shall bring suit in the name of the state to enjoin a person from violating this chapter or a rule adopted under this chapter.
(b)  A suit for injunction instituted under this section is in addition to other remedies available to the commission under this chapter.
(c)  A suit seeking injunctive relief under this section shall be brought in a district court in Travis County.
(d)  The commission is not required to provide a bond in a suit instituted under this section.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.142. Criminal Penalty

Sec. 116.142.  CRIMINAL PENALTY.  (a)  A person who knowingly violates this chapter or rules adopted by the commission under this chapter commits an offense.
(b)  An offense under this section is punishable by a fine of not less than $100 nor more than $5,000.
(c)  Each day a violation continues constitutes a separate offense.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.143. Administrative Penalty

Sec. 116.143.  ADMINISTRATIVE PENALTY.  (a)  If a person violates this chapter, a rule of the commission adopted under this chapter, or a term, condition, or provision of a license or registration issued by the commission under this chapter and the violation results in pollution of the air or water of this state or poses a threat to the public safety, the person may be assessed a civil penalty by the commission.
(b)  The penalty may not exceed $10,000 a day for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.
(c)  In determining the amount of the penalty, the commission shall consider the person's history of previous violations of this chapter, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.144. Penalty Assessment Procedure

Sec. 116.144.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty under Section 116.145 of this code may be assessed only after the person charged with the violation 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 under this chapter.
(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. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.145. Payment of Penalty; Refund

Sec. 116.145.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of notice or an order charging that a violation has occurred, the commission shall inform the person charged within 30 days of the proposed amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the notice or order is issued, the person charged with the penalty shall pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the commission for placement in an escrow account.
(c)  If through administrative or judicial review of the proposed penalty it is determined that no violation occurred or that the amount of the penalty should be reduced, the commission shall, within the 30-day period immediately following that determination, remit the appropriate amount to the person, with interest at the prevailing United States Department of the Treasury rate.
(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.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter F. Enforcement › Section 116.146. Recovery of Penalty

Sec. 116.146.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 116.143 through 116.145 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. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter A. General Provisions › Section 117.001. Definitions

Sec. 117.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Hazardous liquid" means:
(A)  petroleum or any petroleum product;
(B)  nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and
(C)  a substance or material, other than liquefied natural gas, determined by the United States secretary of transportation to pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liquid state.
(3)  "Transportation of hazardous liquids or carbon dioxide" means the movement of hazardous liquids or carbon dioxide by pipeline, or their storage incidental to movement, except that it does not include any such movement through gathering lines in rural locations or production, refining, or manufacturing facilities or storage or in-plant piping systems associated with any of those facilities.
(4)  "Pipeline facilities" includes new and existing pipe, rights-of-way, and any equipment, facility, or building used or intended for use in the transportation of hazardous liquids or carbon dioxide.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter B. Jurisdiction, Powers, and Duties › Section 117.011. Jurisdiction Under Delegated Federal Authority

Sec. 117.011.  JURISDICTION UNDER DELEGATED FEDERAL AUTHORITY.  (a)  The commission has jurisdiction over all pipeline transportation of hazardous liquids or carbon dioxide and over all hazardous liquid or carbon dioxide pipeline facilities as provided by 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law.
(b)  The commission may seek designation by the United States secretary of transportation as an agent to conduct safety inspections of interstate hazardous liquid or carbon dioxide pipeline facilities located in this state.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 951, Sec. 1, eff. June 18, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1045 (H.B. 2982), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter B. Jurisdiction, Powers, and Duties › Section 117.013. Records and Reports

Sec. 117.013.  RECORDS AND REPORTS.  (a)  Each owner or operator of a pipeline engaged in the transportation of hazardous liquids or carbon dioxide within this state shall maintain records, make reports, and provide any information the commission may require under the jurisdiction granted by this chapter and 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law.
(b)  The commission, by rule, shall designate the records that are required to be maintained and the reports that are to be filed by the owner or operator and shall provide forms for reports if necessary.
(c)  The commission may require the owners or operators of hazardous liquid or carbon dioxide pipeline facilities to prepare and make available for inspection by its employees or agents or file for approval a procedural manual for each such facility in accordance with the requirements of Title 49, Part 195.402, Code of Federal Regulations.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 5, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter B. Jurisdiction, Powers, and Duties › Section 117.014. Inspection and Examination of Records and Property

Sec. 117.014.  INSPECTION AND EXAMINATION OF RECORDS AND PROPERTY.  (a)  The commission and its employees and designated agents may enter property on which is located pipeline facilities or any other property relating to the transportation of hazardous liquids or carbon dioxide by pipeline and may inspect and examine the records and property to the extent relevant to determine if a person is acting in compliance with this chapter and rules adopted by the commission under this chapter.
(b)  Before the commission or its employees or designated agents enter property for the purposes of this section, the person requesting entry must present proper credentials to the person in charge at the property.
(c)  Entry, examination, and inspection under this section may be made only at reasonable times and in a reasonable manner.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter B. Jurisdiction, Powers, and Duties › Section 117.015. Compliance With Federal Law

Sec. 117.015.  COMPLIANCE WITH FEDERAL LAW.  The commission shall make reports and certifications to the United States Department of Transportation and shall take any other actions necessary to comply with 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter C. Enforcement › Section 117.051. Civil Penalty

Sec. 117.051.  CIVIL PENALTY.  A person who violates this chapter or a rule adopted by the commission under this chapter is subject to a civil penalty of not more than $200,000 for each act of violation and for each day of violation, provided that the maximum civil penalty that may be assessed for any related series of violations may not exceed $2 million.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1991, 72nd Leg., ch. 724, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 92, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter C. Enforcement › Section 117.052. Enforcement by Commission and Attorney General

Sec. 117.052.  ENFORCEMENT BY COMMISSION AND ATTORNEY GENERAL.  (a)  If it appears that a rule of the commission has been or is being violated, the commission may have a civil suit instituted in a district court for injunctive relief to restrain the person from continuing the violation or for the assessment and recovery of a civil penalty under Section 117.051 of this code, or for both the injunctive relief and the civil penalty.
(b)  On application for injunctive relief and a finding that a person has violated or is violating this chapter or a rule of the commission adopted under this chapter, the district court shall grant the injunctive relief the facts so warrant.
(c)  At the request of the commission, the attorney general shall institute and conduct a suit in the name of the state for injunctive relief to recover the civil penalty, or for both injunctive relief and the civil penalty.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter C. Enforcement › Section 117.053. Criminal Penalty for Violation of Chapter and Rules

Sec. 117.053.  CRIMINAL PENALTY FOR VIOLATION OF CHAPTER AND RULES.  (a)  A person who intentionally violates this chapter or a rule adopted under this chapter commits an offense.
(b)  An offense under this section is punishable by a fine of not more than $2 million, confinement in the Texas Department of Criminal Justice for a term of not more than five years, or both such fine and imprisonment.
(c)  In the prosecution of a defendant for multiple offenses under this section, all of the offenses are considered to be part of the same criminal episode, and as required by Section 3.03, Penal Code, the sentences of confinement shall run concurrently.  Additionally, the cumulative total of fines imposed under this section may not exceed the maximum amount imposed on conviction of a single offense under this section.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.137, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter C. Enforcement › Section 117.054. Criminal Penalty for Injuring or Destroying Pipeline Facilities

Sec. 117.054.  CRIMINAL PENALTY FOR INJURING OR DESTROYING PIPELINE FACILITIES.  (a)  A person who intentionally injures or destroys or attempts to injure or destroy any pipeline facility in this state commits an offense.
(b)  An offense under this section is punishable by a fine of not more than $2 million, confinement in the Texas Department of Criminal Justice for a term of not more than five years, or both such fine and imprisonment.
(c)  In the prosecution of a defendant for multiple offenses under this section, all of the offenses are considered to be part of the same criminal episode, and as required by Section 3.03, Penal Code, the sentences of confinement shall run concurrently.  Additionally, the cumulative total of fines imposed under this section may not exceed the maximum amount imposed on conviction of a single offense under this section.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.138, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 117 - Hazardous Liquid or Carbon Dioxide Pipeline Transportation Industry › Subchapter D. Miscellaneous Provisions › Section 117.101. Limitations on Powers of Cities

Sec. 117.101.  LIMITATIONS ON POWERS OF CITIES.  (a)  Except as otherwise provided by this subchapter, this chapter may not be construed to reduce, limit, or impair the authority provided by law to any city.
(b)  Except as provided by Subsection (c) of this section, a city may not adopt or enforce an ordinance that establishes safety standards or practices applicable to the pipeline transportation of hazardous liquids or carbon dioxide or hazardous liquid or carbon dioxide pipeline facilities that are subject to regulation by federal or state law.
(c)  A city may adopt ordinances that establish conditions for installing or relocating pipelines over, under, along, or across public streets and alleys within the boundaries of the city.
Added by Acts 1983, 68th Leg., p. 4914, ch. 873, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1993, 73rd Leg., ch. 28, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 720 (S.B. 480), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 118 - Pipeline Assessment and Testing › Section 118.001. Authority to Require Plan for Pipeline Assessment or Testing

Sec. 118.001.  AUTHORITY TO REQUIRE PLAN FOR PIPELINE ASSESSMENT OR TESTING.  (a)  The Railroad Commission of Texas by rule may require an operator to file for commission approval a plan for assessment or testing of a pipeline if the commission finds that:
(1)  there is reason to believe that the pipeline may present a hazard to public health or safety;
(2)  the commission lacks adequate information to assess the risk to public health or safety presented by the pipeline;  or
(3)  a plan is necessary for the commission to initiate or complete a pipeline safety investigation.
(b)  The Railroad Commission of Texas may take enforcement action against a person who fails to:
(1)  submit a required plan;  or
(2)  participate in a pipeline safety investigation.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 62, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 118 - Pipeline Assessment and Testing › Section 118.002. Pipelines for Which Plan May Be Required

Sec. 118.002.  PIPELINES FOR WHICH PLAN MAY BE REQUIRED.  (a)  Except as provided by Subsection (b), the rules adopted under this chapter may apply to interstate pipelines, intrastate pipelines, portions of pipeline systems the regulation of which the federal government has temporarily delegated to the Railroad Commission of Texas, or gathering lines, and to pipelines for the transportation of any substance or material under the jurisdiction of the commission, as specified by the commission.
(b)  Exempted from the application of this chapter are gathering lines outside:
(1)  the limits of an incorporated or unincorporated city or village;
(2)  any designated residential or commercial area such as residential subdivisions, businesses, shopping centers, or community development.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 62, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1273, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 118 - Pipeline Assessment and Testing › Section 118.003. Contents of Plan

Sec. 118.003.  CONTENTS OF PLAN.  The rules adopted under this chapter may require that a plan include:
(1)  an identification of risk factors associated with a pipeline system, including population density;
(2)  information about previous inspections and maintenance;
(3)  information about pressure tests;
(4)  information about leaks;
(5)  information about operating characteristics;
(6)  information about corrosion protection methods;  and
(7)  other information that may assist the Railroad Commission of Texas in assessing the risk to public health or safety presented by the pipeline.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 62, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 118 - Pipeline Assessment and Testing › Section 118.004. Approval of Plan

Sec. 118.004.  APPROVAL OF PLAN.  The Railroad Commission of Texas may approve a plan that complies with rules adopted under this chapter.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 62, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 118 - Pipeline Assessment and Testing › Section 118.005. Consequences of Plan Approval

Sec. 118.005.  CONSEQUENCES OF PLAN APPROVAL.  The approval of a plan by the Railroad Commission of Texas does not constitute a certification or representation that the pipeline is in compliance with or exempt from applicable safety standards.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 62, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.001. Definitions

Sec. 119.001.  DEFINITIONS.  In this chapter:
(1)  "Clean coal project" has the meaning assigned by Section 5.001, Water Code.
(2)  "Commission" means the Railroad Commission of Texas.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.002. Acquisition of Carbon Dioxide

Sec. 119.002.  ACQUISITION OF CARBON DIOXIDE.  (a)  The commission shall acquire title to carbon dioxide captured by a clean coal project.
(b)  The right, title, and interest in carbon dioxide acquired under this section are the property of the commission, acting on behalf of the state, and shall be administered and controlled by the commission in the name of the state.
(c)  A right, title, or interest acquired under this section does not vest in any fund created by the Texas Constitution.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.0025. Monitoring of Sequestered Carbon Dioxide

Sec. 119.0025.  MONITORING OF SEQUESTERED CARBON DIOXIDE.  The Bureau of Economic Geology of The University of Texas at Austin shall monitor, measure, and verify the permanent status of sequestered carbon dioxide in which the commission has acquired the right, title, and interest under Section 119.002.
Added by Acts 2007, 80th Leg., R.S., Ch. 562 (S.B. 1461), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.003. Transfer Costs

Sec. 119.003.  TRANSFER COSTS.  Carbon dioxide transferred to the state under Section 119.002 shall be transferred to the state without cost, other than administrative and legal costs incurred in making the transfer.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.004. Liability

Sec. 119.004.  LIABILITY.  (a)  The transfer of title to the state under Section 119.002 does not relieve an owner or operator of a clean coal project of liability for any act or omission regarding the generation of carbon dioxide performed before the carbon dioxide was captured.
(b)  On the date the commission acquires the right, title, and interest in carbon dioxide captured by a clean coal project under Section 119.002, the owner or operator of the clean coal project is relieved from liability for any act or omission regarding the carbon dioxide injection location, and the method or means of performing carbon dioxide injection, if the injection location and method or means of injection comply with the terms of a license or permit issued by the state and applicable state law and regulations.
(c)  Notwithstanding Subsection (b), no owner, operator, or contractor of the clean coal project is immune from liability for personal injury or death that results from construction of the site, or drilling or operation of the injection wells.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 562 (S.B. 1461), Sec. 4, eff. September 1, 2007.