reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.053. Compliance With Governmental Agencies

Sec. 71.053.  COMPLIANCE WITH GOVERNMENTAL AGENCIES.  With respect to land owned by the city or town or other land owned by the political subdivisions, the drilling or spacing units may not be more than the minimum number of acres on which an oil and gas well must be located to comply with the rules or orders of the Railroad Commission of Texas or any other federal or state regulatory body that has authority to control or regulate the spacing of oil and gas wells.
Acts 1977, 65th Leg., p. 2506, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.054. Terms and Conditions of Leases of County School Land

Sec. 71.054.  TERMS AND CONDITIONS OF LEASES OF COUNTY SCHOOL LAND.  Leases of county school land that are governed by Article VII, Section 6, of the Texas Constitution, may include authorization for the formation of drilling and spacing units on any terms and provisions the commissioners court considers best.
Acts 1977, 65th Leg., p. 2506, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.055. Additional Terms of Leases

Sec. 71.055.  ADDITIONAL TERMS OF LEASES.  A lease covered by this subchapter may provide:
(1)  that the entire acreage pooled into a unit shall be treated for all purposes except the payment of royalties as if it were included in the lease and drilling or reworking operations and production of oil or gas on any part of the unit shall be considered for all purposes except the payment of royalties as if the operations were on and production were from the land included in the lease whether or not the well or wells are located on the premises included in the lease;  and
(2)  that instead of the royalties provided in the lease, the lessor shall receive on production from a pooled unit only the proportion of the royalty provided in the lease as the amount of the lessor's acreage placed in the unit or its royalty interest on an acreage basis bears to the total acreage included in the unit.
Acts 1977, 65th Leg., p. 2506, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.056. Amending Lease

Sec. 71.056.  AMENDING LEASE.  On application of the lessee or present owner of any oil and gas lease or any oil, gas, and mineral lease validly executed before June 4, 1953, by any city, town, or political subdivision, the governing body of the city, town, or political subdivision may amend the lease to include a pooling provision that includes the terms provided in this subchapter.
Acts 1977, 65th Leg., p. 2506, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle F - Land of Political Subdivisions › Chapter 71 - Lease for Mineral Development › Subchapter B. Pooling Mineral Leases › Section 71.057. Authority to Commit Royalty Interests

Sec. 71.057.  AUTHORITY TO COMMIT ROYALTY INTERESTS.  (a)  A city, town, or political subdivision without notice may commit, to any agreement that provides for the operation of areas as a unit for the exploration, development, and production of oil or gas, any royalty interests owned by the city, town, or political subdivision in oil or gas.
(b)  The agreement may include any terms and provisions that the city, town, or political subdivision considers best and may provide in substance:
(1)  that operations incident to drilling a well on any portion of a unit shall be considered for all purposes to be the conduct of the operation on each separately owned tract in the unit by the several owners of the tracts;
(2)  that the production allocated to each tract included in a unit shall, when produced, be considered for all purposes to have been produced from the tract by a well drilled on it;
(3)  that any lease that covers any part of the area committed to the agreement shall continue in force as long as oil or gas is produced in paying quantities from any part of the unit area;  and
(4)  that royalties reserved to the city, town, or political subdivision from any tract or portion of a tract included within the unit shall be paid only on that portion of the production allocated to the tract or on the value of the production allocated according to the agreement.
(c)  No agreement may be made by any city, town, or political subdivision which commits the city, town, or political subdivision to the payment of any part of the cost or expense of operating any unit area or any well located on the area.
Acts 1977, 65th Leg., p. 2506, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter A. General Provisions › Section 81.001. Definitions

Sec. 81.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Commissioner" means any member of the Railroad Commission of Texas.
Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter A. General Provisions › Section 81.002. Definition of Person for Certain Provisions

Sec. 81.002.  DEFINITION OF PERSON FOR CERTAIN PROVISIONS.  In this chapter:
(1)  "person" includes a corporation, as provided by Section 312.011, Government Code; and
(2)  the definition of "person" assigned by Section 311.005, Government Code, does not apply.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.01, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01001. Sunset Provision

Sec. 81.01001.  SUNSET PROVISION.  (a)  The Railroad Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2029.
(b)  The Railroad Commission of Texas shall pay the costs incurred by the Sunset Advisory Commission in performing a review of the commission under this section.  The Sunset Advisory Commission shall determine the costs, and the commission shall pay the amount of those costs promptly on receipt of a statement from the Sunset Advisory Commission detailing the costs.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.14(b), eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.07(a), eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 2.05, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01002. Chairman

Sec. 81.01002.  CHAIRMAN.  The commissioners shall elect one commissioner as the chairman.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01003. Qualifications for Office

Sec. 81.01003.  QUALIFICATIONS FOR OFFICE.  A commissioner must be:
(1)  a qualified voter under the constitution and laws; and
(2)  at least 25 years of age.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01004. Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest

Sec. 81.01004.  PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST.  A commissioner is subject to the provisions of Chapter 572, Government Code, that apply to elected officers, including the requirements governing personal financial statements, standards of conduct, and conflicts of interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01005. Name and Seal

Sec. 81.01005.  NAME AND SEAL.  (a)  The commissioners are known collectively as the "Railroad Commission of Texas."
(b)  The seal of the commission contains a star of five points with the words "Railroad Commission of Texas" engraved on it.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01006. Procedural Rules

Sec. 81.01006.  PROCEDURAL RULES.  The commissioners may adopt all rules necessary for the commission's government and proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01007. Supplies

Sec. 81.01007.  SUPPLIES.  The commissioners shall be furnished necessary furniture, stationery, supplies, and expenses, to be paid for on the order of the governor.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01008. Sessions

Sec. 81.01008.  SESSIONS.  The commission may hold sessions at any place in this state when considered necessary.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01009. Records Research Fee

Sec. 81.01009.  RECORDS RESEARCH FEE.  The commission shall charge a person who requests an examination or search of commission records $5 for each half hour or fraction of a half hour that a commission employee spends in the examination or search unless the person requesting the search represents this state or a county.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01010. Fee for Copies

Sec. 81.01010.  FEE FOR COPIES.  (a)  The commission may charge a fee for copies of papers provided by the commission to a person other than a department of this state.
(b)  The fee for a copy of a paper, document, or record in the commission's office, including the certificate and seal to be applied by the secretary, is 15 cents for each 100 words.
(c)  This section does not authorize the commission to charge a person a fee for a tariff sheet for the person's own use if the tariff sheet is in effect.
(d)  The fees charged and collected under this section shall be accounted for by the secretary of the commission and paid into the treasury as provided by Chapter 603, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01011. Method of Making Payments to Commission

Sec. 81.01011.  METHOD OF MAKING PAYMENTS TO COMMISSION.  (a)  The commission may authorize payment, as prescribed by the commission, of a regulatory fee, fine, penalty, or charge for goods and services by means of an electronic payment method or a credit card issued by a financial institution chartered by a state or the United States or issued by a nationally recognized credit organization approved by the commission.  A payment by the authorized method may be made in person, by telephone, or through the Internet.
(b)  The commission may require a person who makes a payment to the commission by means of an electronic payment method or credit card to pay a discount or service charge in an amount reasonable and necessary to reimburse the commission for the costs involved in processing the payment.
(c)  The commission may adopt rules as necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01012. Gifts, Grants, and Donations

Sec. 81.01012.  GIFTS, GRANTS, AND DONATIONS.  (a)  In this section, "contested case" has the meaning assigned by Section 2001.003, Government Code.
(b)  The commission may apply for, request, solicit, contract for, receive, accept, and administer gifts, grants, and donations of money or other assistance from any source to carry out any commission purpose or power.
(c)  The commission may not, under Subsection (b), accept a gift or donation of money or of property from a party in a contested case during the period from the inception of the contested case until the 30th day after the date a final order is signed in the contested case.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01013. Conflict of Interest

Sec. 81.01013.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be an employee of the commission employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a business or industry regulated by the commission; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a business or industry regulated by the commission.
(c)  A person who is required to register as a lobbyist under Chapter 305, Government Code, may not act as the general counsel to the commission.
(d)  The commission shall provide to commissioners and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01014. Equal Employment Opportunity

Sec. 81.01014.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The commission shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the Texas Workforce Commission civil rights division for compliance with Subsection (b); and
(3)  be filed with the governor's office.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.01016. Separation of Responsibilities

Sec. 81.01016.  SEPARATION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commissioners and the management responsibilities of the staff of the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.011. Chief Supervisor

Sec. 81.011.  CHIEF SUPERVISOR.  (a)  The commission shall employ a chief supervisor of its oil and gas division to assist the commission in enforcing the laws relating to the production, transportation, and conservation of oil and gas and rules and orders of the commission adopted under these laws.
(b)  The chief supervisor also shall perform the duties of the pipeline expert as provided in the pipeline laws of this state.
Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.012. Qualifications of Chief Supervisor

Sec. 81.012.  QUALIFICATIONS OF CHIEF SUPERVISOR.  In addition to other qualifications that may be required by the commission, a person appointed chief supervisor must have had at least five years' experience in some line of the oil or gas business, or in some other business or profession that would provide the necessary knowledge and experience for the performance of his duties.
Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.013. Deputy Supervisors, Assistants, and Clerical Personnel

Sec. 81.013.  DEPUTY SUPERVISORS, ASSISTANTS, AND CLERICAL PERSONNEL.  The commission may appoint a chief deputy supervisor, deputy supervisors, assistants, and clerical personnel necessary to execute the laws relating to oil and gas.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.014. Qualifications of Chief Deputy Supervisor

Sec. 81.014.  QUALIFICATIONS OF CHIEF DEPUTY SUPERVISOR.  A person appointed chief deputy supervisor must have had at least three years' experience in oil and gas field work.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.015. Qualifications of Deputy Supervisors

Sec. 81.015.  QUALIFICATIONS OF DEPUTY SUPERVISORS.  Any person appointed deputy supervisor must have had at least two years' experience in oil and gas field work, including substantial experience in drilling or production.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.016. Salaries

Sec. 81.016.  SALARIES.  The salary of the chief supervisor, the chief deputy supervisor, and the deputy supervisors shall be the same as that provided in the General Appropriations Act.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.0165. Salary of Secretary

Sec. 81.0165.  SALARY OF SECRETARY.  The salary of the secretary of the commission shall be the amount appropriated for that purpose by the legislature.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.02, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.017. Additional Employees

Sec. 81.017.  ADDITIONAL EMPLOYEES.  The commission may employ gaugers, inspectors, investigators, supervisors, and clerical employees.  These employees shall include a chief engineer, chief petroleum engineer, and an administrative chief, and their salaries shall be paid in the amounts provided in the General Appropriations Act.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 144, ch. 65, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.018. Payment of Salaries and Other Expenses

Sec. 81.018.  PAYMENT OF SALARIES AND OTHER EXPENSES.  (a)  Salaries and other expenses necessary in the administration and enforcement of the oil and gas laws shall be paid by warrants drawn by the comptroller on the State Treasury from general revenue.
(b)  Warrants for expenses shall be issued only on duly verified statements of the persons entitled to the funds and on approval of the chairman of the commission.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 470 (S.B. 757), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.019. Duties of Chief Supervisor, Chief Deputy Supervisor, Deputy Supervisors, and Other Employees

Sec. 81.019.  DUTIES OF CHIEF SUPERVISOR, CHIEF DEPUTY SUPERVISOR, DEPUTY SUPERVISORS, AND OTHER EMPLOYEES.  The chief supervisor, chief deputy supervisor, deputy supervisors, and other employees shall perform the duties prescribed by the commission in conformity with rules of the commission relating to the production, transportation, and conservation of crude oil and natural gas.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.020. Additional Duties of Chief Supervisor and His Deputies

Sec. 81.020.  ADDITIONAL DUTIES OF CHIEF SUPERVISOR AND HIS DEPUTIES.  (a)  The chief supervisor and his deputies shall supervise the plugging of all abandoned wells and the shooting of wells and shall follow the rules of the commission relating to the production and conservation of oil and gas.
(b)  The chief supervisor shall gather information and assist the commission in the performance of its duties under this title.
Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter B. Administrative Provisions › Section 81.021. Intellectual Property

Sec. 81.021.  INTELLECTUAL PROPERTY.  (a)  The commission may:
(1)  apply for, register, secure, hold, and protect under the laws of the United States or any state or nation:
(A)  a patent for the invention, discovery, or improvement of any process, machine, manufacture, or composition of matter;
(B)  a copyright for an original work of authorship fixed in any tangible medium of expression, known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device;
(C)  a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the commission uses to identify and distinguish the commission's goods and services from other goods and services; or
(D)  other evidence of protection or exclusivity issued for intellectual property;
(2)  contract with a person for the sale, lease, marketing, or other distribution of the commission's intellectual property;
(3)  obtain under a contract described in Subdivision (2) a royalty, license right, or other appropriate means of securing reasonable compensation for the development or purchase of the commission's intellectual property; and
(4)  waive or reduce the amount of compensation secured by contract under Subdivision (3) if the commission determines that the waiver or reduction will:
(A)  further a goal or mission of the commission; and
(B)  result in a net benefit to the state.
(b)  Money paid to the commission under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067.
Added by Acts 2017, 85th Leg., R.S., Ch. 72 (S.B. 1422), Sec. 1, eff. May 22, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.051. Jurisdiction of Commission

Sec. 81.051.  JURISDICTION OF COMMISSION.  (a)  The commission has jurisdiction over all:
(1)  common carrier pipelines defined in Section 111.002 of this code in Texas;
(2)  oil and gas wells in Texas;
(3)  persons owning or operating pipelines in Texas;
(4)  persons owning or engaged in drilling or operating oil or gas wells in Texas; and
(5)  pipeline transportation and underground storage of hydrogen.
(b)  Persons listed in Subsection (a) of this section and their pipelines and oil and gas wells are subject to the jurisdiction conferred by law on the commission.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 5, eff. Sept. 1, 1977.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 734 (H.B. 2847), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.052. Rules

Sec. 81.052.  RULES.  The commission may adopt all necessary rules for governing and regulating persons and their operations under the jurisdiction of the commission as set forth in Section 81.051, including such rules as the commission may consider necessary and appropriate to implement state responsibility under any federal law or rules governing such persons and their operations.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 19, ch. 12, Sec. 1, eff. March 15, 1979.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0521. Fee for Application for Exception to Railroad Commission Rule

Sec. 81.0521.  FEE FOR APPLICATION FOR EXCEPTION TO RAILROAD COMMISSION RULE.  (a)  With each application for an exception to any commission rule contained in Chapter 3 of Part I of Title 16 of the Texas Administrative Code, the applicant shall submit to the commission a fee of $150.
(b)  The application fee for an exception to any commission rule may not be refunded.
(c)  The proceeds from this fee, excluding any penalties collected in connection with the fee, shall be deposited to the oil and gas regulation and cleanup fund as provided by Section 81.067.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 73, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.01, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 26, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0522. Natural Gas Policy Act Application Fee

Sec. 81.0522.  NATURAL GAS POLICY ACT APPLICATION FEE.  (a)  With each Natural Gas Policy Act (15 U.S.C. Sections 3301-3432) application, the applicant shall submit to the commission a fee. The commission shall set the application fee in an amount necessary to cover the cost of the commission's well category determination program but not to exceed $150.
(b)  The fee for any Natural Gas Policy Act application may not be refunded.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 73, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0523. Exclusive Jurisdiction and Express Preemption

Sec. 81.0523.  EXCLUSIVE JURISDICTION AND EXPRESS PREEMPTION.  (a)  In this section:
(1)  "Commercially reasonable" means a condition that would allow a reasonably prudent operator to fully, effectively, and economically exploit, develop, produce, process, and transport oil and gas, as determined based on the objective standard of a reasonably prudent operator and not on an individualized assessment of an actual operator's capacity to act.
(2)  "Oil and gas operation" means an activity associated with the exploration, development, production, processing, and transportation of oil and gas, including drilling, hydraulic fracture stimulation, completion, maintenance, reworking, recompletion, disposal, plugging and abandonment, secondary and tertiary recovery, and remediation activities.
(b)  An oil and gas operation is subject to the exclusive jurisdiction of this state.  Except as provided by Subsection (c), a municipality or other political subdivision may not enact or enforce an ordinance or other measure, or an amendment or revision of an ordinance or other measure, that bans, limits, or otherwise regulates an oil and gas operation within the boundaries or extraterritorial jurisdiction of the municipality or political subdivision.
(c)  The authority of a municipality or other political subdivision to regulate an oil and gas operation is expressly preempted, except that a municipality may enact, amend, or enforce an ordinance or other measure that:
(1)  regulates only aboveground activity related to an oil and gas operation that occurs at or above the surface of the ground, including a regulation governing fire and emergency response, traffic, lights, or noise, or imposing notice or reasonable setback requirements;
(2)  is commercially reasonable;
(3)  does not effectively prohibit an oil and gas operation conducted by a reasonably prudent operator; and
(4)  is not otherwise preempted by state or federal law.
(d)  An ordinance or other measure is considered prima facie to be commercially reasonable if the ordinance or other measure has been in effect for at least five years and has allowed the oil and gas operations at issue to continue during that period.
Added by Acts 2015, 84th Leg., R.S., Ch. 30 (H.B. 40), Sec. 2, eff. May 18, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.053. Commission Powers

Sec. 81.053.  COMMISSION POWERS.  In the discharge of its duties and the enforcement of its jurisdiction under this title, the commission shall:
(1)  institute suits;
(2)  hear and determine complaints;
(3)  require the attendance of witnesses and pay their expenses out of funds provided for that purpose;
(4)  obtain the issuance of writs and process which may be necessary for the enforcement of its orders;  and
(5)  punish for contempt or disobedience of its orders in the manner provided for the district courts.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0531. Administrative Penalty

Sec. 81.0531.  ADMINISTRATIVE PENALTY.  (a)  If a person violates provisions of this title  which pertain to safety or the prevention or control of pollution or the provisions of a rule, order, license, permit, or certificate which pertain to safety or the prevention or control of pollution and are issued under this title, the person may be assessed a civil penalty by the commission.
(b)  The penalty may not exceed:
(1)  $10,000 a day for each violation that is not related to pipeline safety; or
(2)  $200,000 a day for each violation that is related to pipeline safety.
(b-1)  Each day a violation continues may be considered a separate violation for purposes of penalty assessments, provided that the maximum penalty that may be assessed for any related series of violations related to pipeline safety may not exceed $2 million.
(c)  In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged.  In determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety, the commission shall consider the guidelines adopted under Subsection (d).
(d)  The commission by rule shall adopt guidelines to be used in determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety.  The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction.  The guidelines shall take into account:
(1)  the permittee's history of previous violations, including the number of previous violations;
(2)  the seriousness of the violation and of any pollution resulting from the violation;
(3)  any hazard to the health or safety of the public;
(4)  the degree of culpability;
(5)  the demonstrated good faith of the person charged;  and
(6)  any other factor the commission considers relevant.
(e)  A penalty collected under this section shall be deposited to the credit of the oil-field cleanup fund.
Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1999, 76th Leg., ch. 1089, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0532. Penalty Assessment Procedure

Sec. 81.0532.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the person charged with a violation described under Section 81.0531 of this code has been given an opportunity for a public hearing.
(b)  If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the commission shall consolidate the hearings with other proceedings.
(d)  If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e)  The commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0533. Payment of Penalty; Refund

Sec. 81.0533.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of an order finding that a violation has occurred, the commission shall inform the person charged within 30 days of the amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:
(1)  pay the penalty in full;  or
(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  forward the amount to the commission for placement in an escrow account;  or
(B)  in lieu of payment into escrow, post with the commission a supersedeas bond in a form approved by the commission for the amount of the penalty, such bond to be effective until all judicial review of the order or decision is final.
(c)  If through judicial review of the decision or order it is determined that no violation occurred or that the amount of the penalty should be reduced or not assessed, the commission shall, within the 30-day period immediately following that determination, if the penalty has been paid to the commission, remit the appropriate amount to the person, with accrued interest, or where a supersedeas bond has been posted, the commission shall execute a release of such bond.
(d)  Failure to forward the money to the commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.
(e)  Judicial review of the order or decision of the commission assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with the district court of Travis County, Texas, and not elsewhere, as provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(53), (59), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0534. Recovery of Penalty

Sec. 81.0534.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 81.0531-81.0533 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.
Added by Acts 1983, 68th Leg., p. 1407, ch. 286, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.054. Enforcement by Attorney General

Sec. 81.054.  ENFORCEMENT BY ATTORNEY GENERAL.  (a)  The attorney general shall enforce the provision of this title by injunction or other adequate remedy and as otherwise provided by law.
(b)  If an action is instituted by the attorney general under this section alleging a violation of an NPDES permit or the failure to obtain an NPDES permit under Chapter 91 or Chapter 141 of the Natural Resources Code, the attorney general may not oppose intervention by a person who has standing to intervene, as provided by Rule 60, Texas Rules of Civil Procedure.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 310, Sec. 5, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.055. Pipeline System Financial Responsibility Requirements

Sec. 81.055.  PIPELINE SYSTEM FINANCIAL RESPONSIBILITY REQUIREMENTS.
(a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(132), eff. June 17, 2011.
(b)  If the legislature finds that adoption of such a requirement is desirable, the commission by rule may require an owner, operator, or manager of a pipeline system to obtain evidence of financial responsibility.  The rules must specify the appropriate form and amount of that evidence and may require evidence of financial responsibility in different amounts for different pipeline systems, taking into consideration whether the pipeline system:
(1)  has a history of discharges or other violations of regulatory requirements;  or
(2)  is located over a public drinking water supply, a natural resource, or a critical groundwater resource or near a school or populated area.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(132), eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.056. Contamination Report

Sec. 81.056.  CONTAMINATION REPORT.  (a)  In this section:
(1)  "Common carrier" has the meaning assigned by Section 111.002.
(2)  "Owner of the land" or "landowner" means the first person who is shown on the appraisal roll of the appraisal district established for the county in which a tract of land is located as owning an interest in the surface estate of the land at the time a contamination report is required to be made under this section.
(b)  If in the process of placing, repairing, replacing, or maintaining a pipeline a common carrier or an owner or operator of a pipeline observes or detects any petroleum-based contamination of soil or water in proximity to the pipeline, the common carrier or pipeline owner or operator shall report the contamination to the commission and the owner of the land on which the pipeline is located.  Petroleum-based contamination of soil or water that is observed or detected is required to be reported under this subsection if:
(1)  hydrocarbons are present on the surface of the water;
(2)  at least five linear yards of soil have been affected by hydrocarbons; or
(3)  soil affected by hydrocarbons extends beyond the face of the excavation in which the contamination is observed or detected.
(c)  The contamination report:
(1)  must be made not later than 24 hours after the common carrier or pipeline owner or operator observes or detects the contamination;
(2)  must include the global positioning satellite coordinates of the location of the contamination; and
(3)  may be made by telephone, facsimile, or electronic mail.
(d)  Not later than the third business day after the date the commission receives the contamination report, a person authorized by the commission shall withdraw a soil sample from the contaminated land.  The person is entitled to enter the land for the purpose of withdrawing the sample.
(e)  A common carrier or pipeline owner or operator that makes a contamination report under this section is released from all liability for the contamination or the cleanup of the contamination covered by the report, except for any contamination caused by the common carrier or pipeline owner or operator.
(f)  The commission shall adopt rules to implement this section.
(g)  The commission may use money in the oil-field cleanup fund to implement this section.  The amount of money in the fund the commission may use for that purpose may not exceed the amount of money in the fund that is derived from fees collected under Section 91.142 from common carriers or owners or operators of pipelines as determined annually by the commission.
Added by Acts 2005, 79th Leg., Ch. 339 (S.B. 1130), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 166 (H.B. 472), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 166 (H.B. 472), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.057. Exemption From Certain Purchasing Rules

Sec. 81.057.  EXEMPTION FROM CERTAIN PURCHASING RULES.  The commission is not required to follow any purchasing procedures prescribed by or under Subchapter E, Chapter 2155, Government Code, when the commission makes a purchase in connection with the remediation of surface locations or well plugging.
Added by Acts 2003, 78th Leg., ch. 1272, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 514 (H.B. 773), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.06, eff. September 1, 2009.