reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.027. Supplemental Financial Assurance

Sec. 89.027.  SUPPLEMENTAL FINANCIAL ASSURANCE.  (a)  A supplemental bond, letter of credit, or cash deposit filed under Section 89.023(a)(3)(E) is in addition to any other financial assurance otherwise required of the operator or for the well.
(b)  A supplemental bond, letter of credit, or cash deposit may not be transferred to a new operator of an existing inactive well.  A new operator of an existing inactive well must file a new supplemental bond, letter of credit, or cash deposit or otherwise comply with the requirements of this subchapter by the deadline provided by Section 89.022(b).
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.028. Escrow Funds

Sec. 89.028.  ESCROW FUNDS.  (a)  Escrow funds described by Section 89.023(a)(3)(F) must be deposited with the commission each time an operator files an application for an extension of the deadline for plugging an inactive well.
(b)  Escrow funds deposited with the commission may be released only with the approval of the commission as prescribed by commission rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.029. Affirmation Regarding Surface Requirements

Sec. 89.029.  AFFIRMATION REGARDING SURFACE REQUIREMENTS.  (a)  An application for an extension of the deadline for plugging an inactive well must include a written affirmation by the operator:
(1)  that the operator has physically terminated electric service to the well's production site; and
(2)  stating the following, as applicable, if the operator does not own the surface of the land on which the well is located:
(A)  if the well has been inactive for at least five years but for less than 10 years as of the date of renewal of the operator's organization report, that the operator has emptied or purged of production fluids all piping, tanks, vessels, and equipment associated with and exclusive to the well; or
(B)  if the well has been inactive for at least 10 years as of the date of renewal of the operator's organization report, that the operator has removed all surface process equipment and related piping, tanks, tank batteries, pump jacks, headers, and fences, as well as junk and trash as defined by commission rule, associated with and exclusive to the well.
(b)  An operator of an inactive well shall leave a clearly visible marker at the wellhead of the well.
(c)  The commission shall adopt rules regulating the transfer of material described by Subsection (a)(2)(B) and restricting its accumulation on an active lease.
(d)  Notwithstanding Subsection (a), an operator may be eligible for a temporary extension of the deadline for plugging an inactive well or a temporary exemption from the requirements of Subsection (a) as provided by commission rule if the operator is unable to comply with the requirements of that subsection because of safety concerns or required maintenance of the well site and the operator includes with the application a written affirmation of the facts regarding the safety concerns or maintenance.
(e)  An operator may be eligible for an extension of the deadline for plugging a well without complying with Subsection (a)(2)(B) if the well is located on a unit or lease or in a field associated with an enhanced oil recovery project and the operator includes a statement in the written affirmation that the well is part of such a project.  The exemption provided by this subsection applies only to the equipment required for the project.
(f)  Notwithstanding the other provisions of this subchapter, the commission shall adopt rules providing for the phase-in of the duty to comply with Subsection (a)(2)(B) over a period of five years beginning September 1, 2010.  The rules must require the operators of one-fifth of the wells that are subject to that subsection in each year during the phase-in period to comply with that subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.030. Revocation of Extension of Deadline for Plugging Inactive Well

Sec. 89.030.  REVOCATION OF EXTENSION OF DEADLINE FOR PLUGGING INACTIVE WELL.  The commission may revoke an extension of the deadline for plugging an inactive well granted under this subchapter if the commission determines, after notice and an opportunity for a hearing, that the applicant is ineligible for the extension under the commission's rules or orders.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.041. Determining Proper Plugging

Sec. 89.041.  DETERMINING PROPER PLUGGING.  If it comes to the attention of the commission that a well that has been abandoned or is not being operated is causing or is likely to cause pollution of fresh water above or below the ground or if gas or oil is escaping from the well, the commission may determine at a hearing, after due notice, whether or not the well was properly plugged as provided in Section 89.011 or Section 89.012 of this code.
Acts 1977, 65th Leg., p. 2553, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5407, ch. 1002, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.042. Commission Order to Plug

Sec. 89.042.  COMMISSION ORDER TO PLUG.  (a)  If the commission finds that the well was not properly plugged, it shall order the operator to plug the well according to the rules of the commission in effect at the time the order is issued.
(b)  If the operator cannot be found or is no longer in existence or has no assets with which to properly plug the well, the commission shall order the nonoperators to plug the well according to the rules of the commission in effect at the time the order is issued.
(c)  Repealed by Acts 1983, 68th Leg., p. 5409, ch. 1002, Sec. 3, eff. Aug. 29,  1983.
Acts 1977, 65th Leg., p. 2553, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5409, ch. 1002, Sec. 3, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.044. Right to Enter on Land

Sec. 89.044.  RIGHT TO ENTER ON LAND.  (a)  The commission or its employees or agents, the operator, or the nonoperator, on proper identification, may enter the land of another for the purpose of plugging or replugging a well that has not been properly plugged.
(b)  A prospective operator who has been authorized under Section 89.047 to conduct a surface inspection of a well, on proper identification, may enter the land of another for the sole purpose of conducting the inspection.
Acts 1977, 65th Leg., p. 2554, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5407, ch. 1002, Sec. 2, eff. Aug. 29, 1983.
Amended by:
Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 3, eff. January 1, 2006.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.045. Liability for Damages

Sec. 89.045.  LIABILITY FOR DAMAGES.  The commission and its employees and agents, the operator, and the nonoperator are not liable for any damages that may occur as a result of acts done or omitted to be done by them or each of them in a good-faith effort to carry out this chapter.
Acts 1977, 65th Leg., p. 2554, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5407, ch. 1002, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.046. Penalties and Other Relief

Sec. 89.046.  PENALTIES AND OTHER RELIEF.  The plugging or replugging of a well by the commission does not prevent the commission from seeking penalties or other relief provided by law from any person who is required by law, rules adopted by the commission, or a valid order of the commission to plug the well.
Added by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter C. Powers and Duties of the Commission › Section 89.048. Plugging of Well by Surface Estate Owner

Sec. 89.048.  PLUGGING OF WELL BY SURFACE ESTATE OWNER.  (a)  In this section, "orphaned well" has the meaning assigned by Section 89.047.
(b)  The owner of an interest in the surface estate of a tract of land on which an orphaned well is located may contract with a commission-approved well plugger to plug the well.
(c)  If the surface estate owner enters into a contract under Subsection (b), the well plugger shall:
(1)  not later than the 30th day before the date the well is plugged, mail notice of its intent to plug the well to the operator of the well at the operator's address as shown by the records of the commission;
(2)  assume responsibility for the physical operation and control of the well as shown by a form the person files with the commission and the commission approves;
(3)  file a bond, letter of credit, or cash deposit covering the well as required by Section 91.107; and
(4)  plug the well in accordance with commission rules.
(d)  On successful plugging of the well by the well plugger, the surface estate owner may submit documentation to the commission of the cost of the well-plugging operation.  The commission shall reimburse the surface estate owner from money in the oil and gas regulation and cleanup fund in an amount not to exceed 50 percent of the lesser of:
(1)  the documented well-plugging costs; or
(2)  the average cost incurred by the commission in the preceding 24 months in plugging similar wells located in the same general area.
(e)  The commission shall adopt any rules reasonably necessary to implement this section.
Added by Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 4, eff. January 1, 2006.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.09, eff. September 28, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter D. Costs of Plugging Wells › Section 89.081. Cause of Action for Disproportionate Share of Cost

Sec. 89.081.  CAUSE OF ACTION FOR DISPROPORTIONATE SHARE OF COST.  If an operator or nonoperator owns only a partial interest in the well or oil and gas and the operator or nonoperator pays a larger proportion of the cost of plugging the well than his proportionate interest in the well or oil and gas, he has a cause of action against the other operators and nonoperators for their proportionate shares of the cost of plugging.
Acts 1977, 65th Leg., p. 2554, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5251, ch. 967, Sec. 1, eff. Sept. 1, 1983;  Acts 1983, 68th Leg., p. 5407, ch. 1002, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter D. Costs of Plugging Wells › Section 89.084. Money Paid Commission by Private Person

Sec. 89.084.  MONEY PAID COMMISSION BY PRIVATE PERSON.  (a)  The commission may accept money from private persons and use the money to plug or replug a well.
(b)  Paying money to the commission is not an admission that the person paying the money is obligated to plug or replug the well.  Evidence that a person has paid money to the commission is not admissible against the person in a suit in which the person's obligation to plug a well is an issue and introducing the evidence is a compulsory ground for mistrial.
Acts 1977, 65th Leg., p. 2555, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter D. Costs of Plugging Wells › Section 89.087. Judicial Review of Commission Decisions; Immunity From Suit and Liability

Sec. 89.087.  JUDICIAL REVIEW OF COMMISSION DECISIONS;  IMMUNITY FROM SUIT AND LIABILITY.  (a)  A claimant aggrieved by the commission's decision on a claim may appeal the decision in a district court of Travis County on or before the 60th day after the date the decision was issued.  If the commission does not decide a claim by the 90th day after the date it was filed, the claimant may appeal within the 60-day period beginning on the 91st day after the date of filing.
(b)  Judicial review under this section is by trial de novo.
(c)  No interest accrues on a claim before an appeal is filed under this section.
(d)  Except to the extent permitted by this chapter, and notwithstanding any other provision of law, the commission, its employees or agents, and the State of Texas are immune from suit and from liability based on the disposition of well-site equipment or hydrocarbons in accordance with this chapter.
Added by Acts 1993, 73rd Leg., ch. 515, Sec. 5, eff. Jan. 1, 1994.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter D. Costs of Plugging Wells › Section 89.088. Record of Request for Notice by Lienholder or Nonoperator; Form; Fee

Sec. 89.088.  RECORD OF REQUEST FOR NOTICE BY LIENHOLDER OR NONOPERATOR;  FORM;  FEE.  (a)  The commission shall maintain a record of a request for notice by a lienholder or nonoperator under Section 89.043(e) or 89.085(f) of this code for five years after the date on which the commission receives the request.
(b)  The commission shall prepare a form for a request for notice.  The commission shall require a person who requests notice to include on the form information that identifies the lease covered by the request.
(c)  The commission may charge a filing fee for a request for notice not to exceed $10 for each lease covered by the request.
Added by Acts 1993, 73rd Leg., ch. 515, Sec. 5, eff. Jan. 1, 1994.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter E. Enforcement; Judicial Review › Section 89.121. Enforcement by Commission

Sec. 89.121.  ENFORCEMENT BY COMMISSION.  (a)  In addition to the powers specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule or order of the commission adopted under this chapter in the same manner and on the same conditions as provided in the other chapters of Title 3 of this code.
(b)  Civil penalties collected for violations of this chapter or of rules relating to plugging that are adopted under this code shall be deposited in the general revenue fund.
Acts 1977, 65th Leg., p. 2555, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5251, ch. 967, Sec. 1, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 603, Sec. 7, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.14, eff. September 28, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter E. Enforcement; Judicial Review › Section 89.122. Appeal to Courts

Sec. 89.122.  APPEAL TO COURTS.  Any person affected by the provisions of this chapter may sue to test the validity of any order adopted by the commission under this chapter in the same manner, on the same conditions, and to the same court or courts as prescribed for suits testing the validity of orders of the commission adopted under the general oil conservation statutes of this state.
Acts 1977, 65th Leg., p. 2555, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.001. Ratification

Sec. 90.001.  RATIFICATION.  The Interstate Compact to Conserve Oil and Gas, executed in the City of Dallas, on February 16, 1935, by the Governor of Texas, the text of which is set out in Section 90.007 of this code, was ratified by the legislature of this state in Chapter 81, General Laws, Acts of the 44th Legislature, Regular Session, 1935.
Acts 1977, 65th Leg., p. 2556, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.002. Original Copy

Sec. 90.002.  ORIGINAL COPY.  The original copy of the compact is on deposit with the Department of State of the United States.
Acts 1977, 65th Leg., p. 2556, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.003. Representative

Sec. 90.003.  REPRESENTATIVE.  (a)  The governor is the official representative of the State of Texas on the Interstate Oil Compact Commission, provided for in the Interstate Compact to Conserve Oil and Gas.  He shall exercise and perform for the state all the powers and duties as a member of the Interstate Oil Compact Commission.
(b)  The governor may appoint an assistant representative who shall act in his stead as the official representative of the State of Texas as a member of the commission.
(c)  The representative shall take the oath of office prescribed by the constitution, which shall be filed with the Secretary of State.
Acts 1977, 65th Leg., p. 2556, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.0031. Annual Report

Sec. 90.0031.  ANNUAL REPORT.  Before October 1 of each year, the office of the Interstate Oil Compact Commissioner for Texas shall prepare and file with the presiding officer of each house of the legislature a complete and detailed written report describing the activities of the office relating to this state's participation in the Interstate Compact to Conserve Oil and Gas and accounting for all funds received and disbursed by the office during the preceding fiscal year.  The report must be included as a part of the annual financial report of the governor's office.
Added by Acts 1983, 68th Leg., p. 93, ch. 14, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.004. Extension

Sec. 90.004.  EXTENSION.  (a)  The continuous extension of the Interstate Compact to Conserve Oil and Gas until September 1, 1951, by an agreement executed by the governor in the name of the State of Texas with other states currently members of the Interstate Oil Compact Commission was authorized by the legislature, subject to the approval of Congress, in:
(1)  Chapter 217, Acts of the 45th Legislature, Regular Session, 1937;
(2)  Chapter 2, Special Laws, page 527, Acts of the 46th Legislature, Regular Session, 1939;
(3)  Chapter 63, Acts of the 47th Legislature, Regular Session, 1941;
(4)  Chapter 15, Acts of the 48th Legislature, Regular Session, 1943;  and
(5)  Chapter 52, Acts of the 50th Legislature, Regular Session, 1947.
(b)  The governor may execute agreements in the name of the State of Texas for the further extension of the expiration date of the Interstate Compact to Conserve Oil and Gas.
Acts 1977, 65th Leg., p. 2556, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.005. Form of Agreement

Sec. 90.005.  FORM OF AGREEMENT.  The agreement to extend the Interstate Compact to Conserve Oil and Gas, which the governor is authorized to execute for the state, shall be in substance as follows:
"It is hereby agreed that the Interstate Compact to Conserve Oil and Gas executed in the City of Dallas, Texas, on the 16th day of February, 1935, and now on deposit with the Department of State of the United States, be and the same is hereby extended for a period of four (4) years from its date of expiration (September 1, 1947), this agreement to become effective when executed by any three (3) of the States of Texas, Oklahoma, California, Kansas and New Mexico, and consent thereto is given by Congress."
Acts 1977, 65th Leg., p. 2556, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 90 - Interstate Compact to Conserve Oil and Gas › Section 90.006. Withdrawal From Compact

Sec. 90.006.  WITHDRAWAL FROM COMPACT.  (a)  The governor may determine if and when it is in the best interest of the state to withdraw from the compact as provided by its terms on 60 days' notice.
(b)  If the governor determines that the state should withdraw from the compact, he has full authority to give necessary notice and take any steps necessary and proper to effect the withdrawal of the State of Texas from the compact.
Acts 1977, 65th Leg., p. 2557, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter A. General Provisions › Section 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Gas" means natural gas.
(3)  "Oil" means crude oil and crude petroleum oil.
Acts 1977, 65th Leg., p. 2560, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter A. General Provisions › Section 91.002. Criminal Penalty

Sec. 91.002.  CRIMINAL PENALTY.  (a)  A person who wilfully or with criminal negligence violates Section 91.101 of this code or a rule, order, or permit of the commission issued under that section commits an offense.
(b)  An offense under Subsection (a) of this section is punishable by a fine of not more than $10,000 a day for each day a violation is committed.
(c)  Venue for prosecution of an alleged violation of this section is in a court of competent jurisdiction in the county in which the violation is alleged to have occurred.
Added by Acts 1983, 68th Leg., p. 5262, ch. 967, Sec. 9, eff. Sept. 1, 1983.  Renumbered from Sec. 91.351 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(32), eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter A. General Provisions › Section 91.003. Additional Enforcement Authority

Sec. 91.003.  ADDITIONAL ENFORCEMENT AUTHORITY.  (a)  In addition to other authority specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule, order, or permit of the commission adopted under this chapter in the manner and subject to the conditions provided in Chapters 81 and 85 of this code, including the authority to seek and obtain civil penalties and injunctive relief as provided by those chapters.
(b)  If the enforcement authority in Section 81.054, Natural Resources Code, is used to institute a civil action alleging a violation of an NPDES permit issued under this chapter, 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.
Added by Acts 1983, 68th Leg., p. 5262, ch. 967, Sec. 9, eff. Sept. 1, 1983.  Renumbered from Sec. 91.352 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(32), eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 310, Sec. 6, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.011. Casing

Sec. 91.011.  CASING.  (a)  Before drilling into the oil or gas bearing rock, the owner or operator of a well being drilled for oil or gas shall encase the well with good and sufficient wrought iron or steel casing or with any other material that meets standards adopted by the commission, particularly where wells could be subjected to corrosive elements or high pressures and temperatures, in a manner and to a depth that will exclude surface or fresh water from the lower part of the well from penetrating the oil or gas bearing rock, and if the well is drilled through the first into the lower oil or gas bearing rock, the well shall be cased in a manner and to a depth that will exclude fresh water above the last oil or gas bearing rock penetrated.
(b)  The commission shall adopt rules regarding the depth of well casings necessary to meet the requirements of this section.
Acts 1977, 65th Leg., p. 2560, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 704, Sec. 1, eff. Aug. 26, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.01, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.0115. Casing; Letter of Determination

Sec. 91.0115.  CASING; LETTER OF DETERMINATION.  (a)  The commission shall issue, on request from an applicant for a permit for a well to be drilled into oil or gas bearing rock, a letter of determination stating the total depth of surface casing required for the well by Section 91.011.
(b)  The commission may charge a fee in an amount to be determined by the commission for a letter of determination.
(c)  The commission shall charge a fee not to exceed $75, in addition to the fee required by Subsection (b), for processing a request to expedite a letter of determination.
(d)  The fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.02, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 13, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1075 (H.B. 3309), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.012. Water in Wells

Sec. 91.012.  WATER IN WELLS.  (a)  In boring any well for oil or gas, if a person pierces any cap rock or other geological formation in a manner that will cause a flow of salt water or fresh water injurious to an already bored oil well or any oil or gas deposits and that will probably result in the injury of the oil or gas field or already bored oil or gas well, the person shall abandon immediately all work on the well if the flow of water cannot be cased off and shall plug and fill the well in a manner and with materials that will stop the flow of the water.
(b)  No well owner or person boring a well described under Subsection (a) of this section may remove the casing from the drilled well until the flow of water is stopped either by casing off or plugging the well.
(c)  The provisions of this section apply only if the cap rock or other formation is pierced at a depth below the horizon at which oil or gas has been discovered already.
Acts 1977, 65th Leg., p. 2560, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.013. Plugging and Shutting in Wells by Others

Sec. 91.013.  PLUGGING AND SHUTTING IN WELLS BY OTHERS.  (a)  If the owner of a well described in Subsection (a) of Section 91.012 of this code neglects or refuses to have the well plugged or shut in for more than 20 days after written notice is given to him, the owner or operator of adjacent or neighboring land may enter the premises on which the well is located and have the well plugged if it is an abandoned well or shut in if it is not abandoned, in the manner provided by law.
(b)  Notice may be given to the owner of the well either by personal service on the owner or by posting the notice at a conspicuous place at or near the well.
(c)  The reasonable cost and expense incurred in plugging or shutting in the well shall be paid by the owner of the well and may be recovered as debts of like amount are recovered under the law.
Acts 1977, 65th Leg., p. 2560, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.014. Petition to Restrain Waste

Sec. 91.014.  PETITION TO RESTRAIN WASTE.  (a)  In addition to any other penalties, a district judge, in term time or vacation time, shall hear and determine any petition that is filed to restrain the waste of gas in violation of this subchapter and may issue mandatory or restraining orders that in his judgment are necessary.
(b)  The petition may be filed by any citizen of this state and does not have to allege further financial interest of the petitioner in the state's natural resources than that possessed in common with all citizens of the state.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.015. Prevention of Waste

Sec. 91.015.  PREVENTION OF WASTE.  Operators, contractors, drillers, pipeline companies, and gas distributing companies that drill for or produce oil or gas or pipe oil or gas for any purpose shall use every possible precaution in accordance with the most approved methods to stop and prevent waste of oil, gas, or both oil and gas in drilling and producing operations, storage, piping, and distribution and shall not wastefully use oil or gas or allow oil or gas to leak or escape from natural reservoirs, wells, tanks, containers, or pipes.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.016. Confining Gas to Original Stratum

Sec. 91.016.  CONFINING GAS TO ORIGINAL STRATUM.  (a)  If gas located in a gas-bearing stratum known to contain gas in paying quantities is encountered in a well drilled for oil or gas in this state, the gas shall be confined to its original stratum until it can be produced and used without waste.
(b)  Gas-bearing strata shall be adequately protected from infiltrating water.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.017. Using Gas in the Open Air

Sec. 91.017.  USING GAS IN THE OPEN AIR.  (a)  Any person who uses gas in lights in the open air or in or around derricks shall turn off the gas not later than 8 a. m. of each day the lights are burning or are used and shall not turn the lights on or relight them between 8 a. m. and 5 p. m.
(b)  The person consuming the gas and using the burners in the open air shall enclose them in glass globes or lamps.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.018. Illumination

Sec. 91.018.  ILLUMINATION.  No person, copartnership, or corporation may use gas for illuminating purposes in flambeau lights.  The use of "jumbo" burners or other burners consuming no more gas than the "jumbo" burners is not prohibited.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.019. Standards for Construction, Operation, and Maintenance of Electrical Power Lines

Sec. 91.019.  STANDARDS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRICAL POWER LINES.  An operator shall construct, operate, and maintain an electrical power line serving a well site or other surface facility employed in operations incident to oil and gas development and production in accordance with the National Electrical Code published by the National Fire Protection Association and adopted by the Texas Commission of Licensing and Regulation under Chapter 1305, Occupations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter B. Duties Relating to Oil and Gas Wells › Section 91.020. Electronic Geologic Data

Sec. 91.020.  ELECTRONIC GEOLOGIC DATA.  The commission shall work cooperatively with other appropriate state agencies to study and evaluate electronic access to geologic data and surface casing depths necessary to protect usable groundwater in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.03, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.051. Title

Sec. 91.051.  TITLE.  This subchapter may be cited as the Standard Gas Measurement Law.
Acts 1977, 65th Leg., p. 2561, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.052. Definition

Sec. 91.052.  DEFINITION.  (a)  The term "cubic foot of gas" or "standard cubic foot of gas" means the volume of gas contained in one cubic foot of space at a standard pressure base and at a standard temperature base.
(b)  The standard pressure base shall be 14.65 pounds per square inch absolute, and the standard temperature base shall be 60 degrees Fahrenheit.  If the conditions of pressure and temperature differ from this standard, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the ideal gas laws, corrected for deviation.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.053. Commission Determination

Sec. 91.053.  COMMISSION DETERMINATION.  The commission shall determine the average temperature of gas as produced in each oil and gas field in Texas, other variable factors necessary to calculate the metered volumes in accordance with the ideal gas laws, and the variable factors to correct for deviation from the ideal gas laws in each of the oil and gas fields in the state.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.054. Notice and Hearing

Sec. 91.054.  NOTICE AND HEARING.  On request of any interested person, the commission shall give proper notice and hold a public hearing before making a determination under Section 91.053 of this code.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.055. Findings and Rules

Sec. 91.055.  FINDINGS AND RULES.  On making the determination, the commission promptly shall make its findings and shall adopt reasonable field rules that may be necessary to effectuate the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.056. Use of Findings and Field Rules

Sec. 91.056.  USE OF FINDINGS AND FIELD RULES.  (a)  Any person may use the findings and field rules of the commission for any purposes under this subchapter.
(b)  If the findings or field rules are not used as provided in Subsection (a) of this section in determining volumes under this subchapter, the volumes otherwise determined shall be corrected to the basis of the standard cubic foot of gas as defined in Section 91.052 of this code.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.057. Method of Reporting

Sec. 91.057.  METHOD OF REPORTING.  A person required to report volumes of gas under the laws of this state shall report the volumes in number of standard cubic feet calculated and determined under the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.058. Sale, Purchase, Delivery, and Receipt of Gas

Sec. 91.058.  SALE, PURCHASE, DELIVERY, AND RECEIPT OF GAS.  (a)  Each sale, purchase, delivery, and receipt of gas by volume made in this state by, for, or on behalf of an oil and gas lease owner, royalty owner under a lease, or other mineral interest owner shall be made and the gas shall be measured, calculated, purchased, delivered, and accounted for on the basis of a standard cubic foot of gas as defined in this subchapter and determined under this subchapter.
(b)  If the provisions of this subchapter operate to change the basis of measurement provided in existing contracts, the price for gas, including royalty gas, provided for in the contracts shall be adjusted to compensate for the change in the method of measuring the volume of gas delivered under the contracts if either the purchaser or seller so desires.
(c)  This section is intended to protect parties to contracts in existence on October 4, 1949, so that the total amount of money paid for a volume of gas purchased or required to be accounted for under these contracts shall remain unaffected by this subchapter.
Acts 1977, 65th Leg., p. 2562, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.059. Constitutionality

Sec. 91.059.  CONSTITUTIONALITY.  If the provisions of Section 91.058 of this code or any part of that section are held to be invalid or unconstitutional by the courts, the remaining portions of this subchapter shall become ineffective and inoperative.
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.061. Civil Suit

Sec. 91.061.  CIVIL SUIT.  None of these provisions shall prevent an aggrieved person from maintaining a civil suit for damages in the county or counties in which the gas is produced.
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter C. Standard Gas Measurement › Section 91.062. Applicability of Certain Provisions

Sec. 91.062.  APPLICABILITY OF CERTAIN PROVISIONS.  None of the provisions of Sections 91.058 through 91.061 of this code affect or apply to purchases or sales made on any basis other than a volume basis.
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.101. Rules and Orders

Sec. 91.101.  RULES AND ORDERS.
Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas
To prevent pollution of surface water or subsurface water in the state, the commission shall adopt and enforce rules and orders and may issue permits relating to:
(1)  the drilling of exploratory wells and oil and gas wells or any purpose in connection with them;
(2)  the production of oil and gas, including:
(A)  activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;
(B)  activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission;
(C)  activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;
(D)  activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code;
(E)  activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code;  and
(F)  activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;
(3)  the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the commission;  and
(4)  the discharge, storage, handling, transportation, reclamation, or disposal of oil and gas waste as defined in Section 91.1011 of this subchapter, or of any other substance or material associated with any operation or activity regulated by the commission under Subdivisions (1), (2), and (3) of this section.
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 921, Sec. 4, eff. June 15, 1985.