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 91 - Provisions Generally Applicable › Subchapter L. Royalty Reporting Standards › Section 91.505. Providing Other Information

Sec. 91.505.  PROVIDING OTHER INFORMATION.  If a royalty interest owner requests information or answers to questions concerning a payment made pursuant to this subchapter, other than information requested under Section 91.504, and the request is made by certified mail, the payor must respond to the request by certified mail not later than 30 days after the request is received.
Added by Acts 1985, 69th Leg., ch. 199, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 824, Sec. 2, eff. Jan. 1, 2002.
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 L. Royalty Reporting Standards › Section 91.506. Exemption

Sec. 91.506.  EXEMPTION.  (a)  Except as provided by Subsection (b), if the information required by Section 91.502 is provided in some other manner on a monthly basis, the payor is not required to include the information on the check stub, an attachment to the payment form, or another remittance advice that accompanies the payment.
(b)  If payment is made to the royalty interest owner by a paper check delivered by mail or by means of a private delivery service, the payor may not provide the information required by Section 91.502 in a manner other than by including the information on the check stub, an attachment to the payment form, or another remittance advice that accompanies the payment unless the payor obtains, or a previous payor has obtained, the consent of the royalty interest owner to provide the information in some other manner.
Added by Acts 1985, 69th Leg., ch. 199, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 824, Sec. 2, eff. Sept. 1, 2002.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 232 (H.B. 129), Sec. 1, eff. September 1, 2017.
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 L. Royalty Reporting Standards › Section 91.507. Enforcement

Sec. 91.507.  ENFORCEMENT.  (a)  A royalty interest owner who does not receive the information required to be provided under Section 91.502 or 91.503 in a timely manner may send a written request for the information to the payor by certified mail.
(b)  Not later than the 60th day after the date the payor receives the written request for information under this section, the payor shall provide the requested information by certified mail.
(c)  If a payor fails to provide the requested information within the period specified by Subsection (b), either party may request mediation.
(d)  If the royalty interest owner makes a written request for information under Section 91.504 or this section and the payor does not provide the information within the 60-day period, the royalty interest owner may bring a civil action against the payor to enforce the provisions of Section 91.504 or this section, as applicable.  The prevailing party is entitled to recover reasonable court costs and attorney's fees.
Added by Acts 2001, 77th Leg., ch. 824, Sec. 3, eff. Sept. 1, 2002.
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 M. Electric Logs › Section 91.551. Definitions

Sec. 91.551.  DEFINITIONS.  (a)  In this subchapter:
(1)  "Well" means a well drilled for any purpose related to exploration for or production or storage of oil or gas or both oil and gas, including a well drilled for injection of fluids to enhance hydrocarbon recovery, disposal of produced fluids, disposal of waste from exploration or production activity, or brine mining.
(2)  "Electric log" means a wireline survey, except dipmeter surveys and seismic wireline surveys, run in an open hole or a cased hole of a well for purposes of obtaining geological information.
(3)  "Drilling operation" means a continuous effort to drill or deepen a well bore for which the commission has issued a permit.
(4)  "Operator" means a person who assumes responsibility for the regulatory compliance of a well as shown by a form the person files with the commission and the commission approves.
(b)  In this subchapter, "operator" includes a predecessor or successor operator.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 2, eff. September 1, 2005.
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 M. Electric Logs › Section 91.552. Electric Logs Required to Be Filed; Criteria

Sec. 91.552.  ELECTRIC LOGS REQUIRED TO BE FILED; CRITERIA.  (a)  Except as otherwise provided by this subchapter, not later than the 90th day after the date a drilling operation is completed, the operator shall file with the commission a copy of each electric log, including each borehole section of the log at all depths, run after September 1, 2013, in conjunction with the drilling or deepening of the well that meets basic criteria established by the commission.  Each electric log must be filed with the commission electronically in a manner acceptable to the commission if the commission has the technological capability to receive the electronic filing.
(b)  The commission by rule shall establish criteria for electric logs to be filed with the commission.
(c)  Not later than the deadline prescribed by Subsection (a) for the filing of each electric log, an operator shall file with the commission a copy of a cased hole log run after September 1, 2013, in conjunction with the drilling or deepening of a well in lieu of an electric log run after that date if:
(1)  a cased hole log was run; and
(2)  an electric log was not run.
(d)  Nothing in this subchapter requires an operator to run an electric log in conjunction with the drilling or deepening of a well.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 3, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 279 (H.B. 878), Sec. 1, 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 M. Electric Logs › Section 91.553. Availability of Electric Logs

Sec. 91.553.  AVAILABILITY OF ELECTRIC LOGS.  (a)  Except as specifically provided by this section, each electric log filed with the commission under this subchapter is not confidential and is public information under Chapter 552, Government Code.
(b)  Not later than the date by which an electric log is required to be filed with the commission under Section 91.552, the operator may file a written request with the commission asking that the electric log remain confidential and not be made available as public information.  On filing this request, the electric log or copy of the electric log required to be filed with the commission may be retained by the operator, and the electric log may remain in the possession of the operator for the period of confidentiality.  On filing of the request for confidentiality, the electric log becomes confidential and remains confidential for a period of:
(1)  three years after the date that the drilling operation was completed, if the well is an onshore well; or
(2)  five years after the date that the drilling operation was completed, if the well is a bay or offshore well.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 279, Sec. 6, eff. September 1, 2013.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 279, Sec. 6, eff. September 1, 2013.
(e)  An operator required to file an electric log under this section who has held the log during a period of confidentiality shall file the log with the commission within 30 days after the conclusion of the period of confidentiality.
(f)  An operator who fails to timely file with the commission a written request under Subsection (b) that  an electric log remain confidential and not be made available as public information shall file the log with the commission immediately after the conclusion of the period for filing the request.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(90), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 4, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 279 (H.B. 878), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 279 (H.B. 878), Sec. 6, 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 M. Electric Logs › Section 91.554. Availability of Confidential Electric Logs

Sec. 91.554.  AVAILABILITY OF CONFIDENTIAL ELECTRIC LOGS.  If the commission requires an electric log to be filed before the expiration of a period of confidentiality, the commission shall make that electric log available for inspection during the period of confidentiality only to:
(1)  a person authorized in writing by the operator; and
(2)  members of the commission and its employees in the exercise of their powers and duties under this code.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 5, eff. September 1, 2005.
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 M. Electric Logs › Section 91.555. Management and Storage of Electric Logs

Sec. 91.555.  MANAGEMENT AND STORAGE OF ELECTRIC LOGS.  The commission may contract with any person for the management and storage of the electric logs filed with the commission.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.
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 M. Electric Logs › Section 91.556. Enforcement

Sec. 91.556.  ENFORCEMENT.  If an operator fails to file an electric log as required by this subchapter, the commission may:
(1)  if the well is completed as a producing well, refuse to assign an allowable or a change in allowable for production from the well for which the electric log is required until the operator files the electric log with the commission; or
(2)  impose an administrative penalty on the operator in the manner provided by Sections 81.0531-81.0534 for each well for which the operator failed to file an electric log.
Added by Acts 1985, 69th Leg., ch. 978, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 1001 (H.B. 484), Sec. 5, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 279 (H.B. 878), 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 N. Oil and Gas Hazardous Waste › Section 91.601. Definitions

Sec. 91.601.  DEFINITIONS.  In this subchapter:
(1)  "Oil and gas hazardous waste" means oil and gas waste that is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.).
(2)  "Oil and gas waste" means oil and gas waste as defined in Section 91.1011 of this chapter.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 20, eff. Sept. 1, 1991.
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 N. Oil and Gas Hazardous Waste › Section 91.602. Rules

Sec. 91.602.  RULES.  (a)  To protect human health and the environment, the commission shall adopt and enforce rules and orders and may issue permits relating to the generation, transportation, treatment, storage, and disposal of oil and gas hazardous waste.
(b)  The rules adopted by the commission under this section must be consistent with the hazardous waste regulations adopted by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.). The commission may adopt and enforce rules that are more stringent than the federal hazardous waste regulations if necessary to protect human health.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 20, eff. Sept. 1, 1991.
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 N. Oil and Gas Hazardous Waste › Section 91.603. Access to Property and Records

Sec. 91.603.  ACCESS TO PROPERTY AND RECORDS.  (a)  A member or employee of the commission, on proper identification, may enter public or private property to:
(1)  inspect and investigate conditions relating to the generation, transportation, treatment, storage, or disposal of oil and gas hazardous waste;
(2)  inspect and investigate conditions relating to the development of rules, orders, or permits under Section 91.602 of this code;
(3)  monitor compliance with a rule, order, or permit of the commission;  or
(4)  examine and copy, during reasonable working hours, those records or memoranda of the business being investigated.
(b)  A member or employee acting under this section who enters an establishment on public or private property shall observe the establishment's posted safety, internal security, and fire protection rules.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 20, eff. Sept. 1, 1991.
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 N. Oil and Gas Hazardous Waste › Section 91.604. Criminal Penalty

Sec. 91.604.  CRIMINAL PENALTY.  (a)  A person who knowingly violates a rule, order, or permit of the commission issued under this subchapter commits an offense.
(b)  An offense under this section is punishable by imprisonment for up to six months, by a fine of up to $10,000 for each day the violation is committed, or by both.
(c)  Venue for prosecution under this section is in the county in which the violation is alleged to have occurred.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 20, eff. Sept. 1, 1991.
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 N. Oil and Gas Hazardous Waste › Section 91.605. Hazardous Oil and Gas Waste Generation Fee

Sec. 91.605.  HAZARDOUS OIL AND GAS WASTE GENERATION FEE.  (a)  An annual fee is imposed on each operator who generates hazardous oil and gas waste.
(b)  The commission by rule shall set the fee, which must:
(1)  be based on the volume of hazardous oil and gas waste generated by the operator;  and
(2)  be reasonably related to the costs of implementing this subchapter and enforcing the rules, orders, and permits adopted or issued by the commission under this subchapter.
(c)  The commission by rule shall also prescribe the procedures by which an operator must account for the volume of hazardous oil and gas waste generated and pay the fee.
(d)  This section does not apply to an operator who, at all facilities operated in this state, satisfies the requirements established by the administrator of the United States Environmental Protection Agency for a conditionally exempt small quantity generator.
(e)  The fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 20, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.22, 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 91 - Provisions Generally Applicable › Subchapter O. Railroad Commission Voluntary Cleanup Program › Section 91.651. Definitions

Sec. 91.651.  DEFINITIONS.  In this subchapter:
(1)  "Contaminant" includes a waste, pollutant, or substance regulated by, or that results from an activity under the jurisdiction of, the commission under this chapter, Chapter 141 of this code, or Chapter 27, Water Code.
(2)  "Environmental assessment" means the assessment described by Section 91.654.
(3)  "Response action" means the cleanup or removal of a contaminant from the environment.
(4)  "Voluntary cleanup" means a response action taken under and in compliance with this subchapter.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.652. Purpose

Sec. 91.652.  PURPOSE.  The purpose of the voluntary cleanup program is to provide an incentive to remediate property by removing the liability to the state of lenders, developers, owners, and operators who did not cause or contribute to contamination released at the site covered by the certificate.  The program does not replace other voluntary actions and is restricted to voluntary actions.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.653. Eligibility for Voluntary Cleanup Program

Sec. 91.653.  ELIGIBILITY FOR VOLUNTARY CLEANUP PROGRAM.  (a)  Any site that is contaminated with a contaminant is eligible for participation in the voluntary cleanup program except the portion of a site that may be subject to a commission order.
(b)  A person electing to participate in the voluntary cleanup program must:
(1)  enter into a voluntary cleanup agreement as provided by Section 91. 656;  and
(2)  pay all costs of commission oversight of the voluntary cleanup.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.654. Application to Participate in Voluntary Cleanup Program

Sec. 91.654.  APPLICATION TO PARTICIPATE IN VOLUNTARY CLEANUP PROGRAM.  (a)  A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application fee as prescribed by this section.
(b)  An application submitted under this section must:
(1)  be on a form provided by the commission;
(2)  contain:
(A)  general information concerning:
(i)  the person and the person's capability, including the person's financial capability, to perform the voluntary cleanup;
(ii)  the site;  and
(iii)  the name, address, and telephone number of all surface and mineral owners;
(B)  other background information requested by the commission;
(C)  an environmental assessment of the actual or threatened release of the contaminant at the site;  and
(D)  if the person applying is not the surface owner, written authorization from the surface owner agreeing to the applicant's participation in the program;
(3)  be accompanied by an application fee of $1,000;  and
(4)  be submitted according to schedules set by the commission.
(c)  The environmental assessment required by Subsection (b) must include:
(1)  a legal description of the site;
(2)  a description of the physical characteristics of the site;
(3)  the operational history of the site to the extent that history is known by the applicant;
(4)  information of which the applicant is aware concerning the nature and extent of any relevant contamination or release at the site and immediately contiguous to the site, or wherever the contamination came to be located;  and
(5)  relevant information of which the applicant is aware concerning the potential for human exposure to contamination at the site.
(d)  An application shall be processed in the order in which it is received.
(e)  Fees collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund under Section 81.067.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.23, 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 91 - Provisions Generally Applicable › Subchapter O. Railroad Commission Voluntary Cleanup Program › Section 91.655. Rejection of Application

Sec. 91.655.  REJECTION OF APPLICATION.  (a)  The commission may reject an application submitted under Section 91.654 if:
(1)  a state or federal enforcement action is pending that concerns the remediation of the contaminant described in the application;
(2)  a federal grant requires an enforcement action at the site;
(3)  the application is incomplete or inaccurate;  or
(4)  the site is ineligible under Section 91.653.
(b)  If an application is rejected because it is incomplete or inaccurate, the commission, not later than the 45th day after receipt of the application, shall provide the person with a list of all information needed to make the application complete or accurate.  A person may resubmit an application once without submitting an additional application fee if the person resubmits the application not later than the 45th day after the date the commission issues notice that the application has been rejected.
(c)  If the commission rejects the application, the commission shall:
(1)  notify the person that the application has been rejected;
(2)  explain the reasons for rejection of the application;  and
(3)  inform the person that the commission will refund half the person's application fee unless the person indicates a desire to resubmit the application.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.656. Voluntary Cleanup Agreement

Sec. 91.656.  VOLUNTARY CLEANUP AGREEMENT.  (a)  Before the commission evaluates any plan or report detailing the remediation goals and proposed methods of remediation, the person desiring to participate in the voluntary cleanup program must enter into a voluntary cleanup agreement that sets forth the terms and conditions of the evaluation of the reports and the implementation of work plans.
(b)  A voluntary cleanup agreement must provide for:
(1)  recovery by the commission of all reasonable costs:
(A)  incurred by the commission in review and oversight of the person's work plan and reports and as a result of the commission's field activities;
(B)  attributable to the voluntary cleanup agreement;  and
(C)  in excess of the amount of fees submitted by the applicant under Section 91.654;
(2)  a schedule of payments to the commission to be made by the person for recovery of all commission costs fairly attributable to the voluntary cleanup program, including direct and indirect costs of overhead, salaries, equipment, and utilities, and legal, management, and support costs;  and
(3)  appropriate tasks, deliverables, and schedules.
(c)  The voluntary cleanup agreement shall:
(1)  identify all statutes and rules with which the person must comply;
(2)  describe any work plan or report to be submitted for review by the commission, including a final report that provides all information necessary to verify that all work contemplated by the voluntary cleanup agreement has been completed;
(3)  include a schedule for submitting the information required by Subdivision (2);  and
(4)  state the technical standards to be applied in evaluating the work plans and reports, with reference to the proposed future land use to be achieved.
(d)  If an agreement is not reached between a person desiring to participate in the voluntary cleanup program and the commission on or before the 30th day after good faith negotiations have begun:
(1)  the person or the commission may withdraw from the negotiations;  and
(2)  the commission retains the person's application fee.
(e)  The commission may not initiate an enforcement action against a person who is in compliance with this section for the contamination or release that is the subject of the voluntary cleanup agreement or for activity that resulted in the contamination or release.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.657. Termination of Agreement; Cost Recovery

Sec. 91.657.  TERMINATION OF AGREEMENT;  COST RECOVERY.  (a)  The commission or the person in its sole discretion may terminate the agreement by giving 15 days' advance written notice to the other.  Only those costs incurred or obligated by the commission before notice of termination of the agreement are recoverable under the agreement if the agreement is terminated.
(b)  Termination of the agreement does not affect any right the commission has under other law to recover costs.
(c)  If the person does not pay to the commission the state's costs associated with the voluntary cleanup before the 31st day after the date the person receives notice that the costs are due and owing, the attorney general, at the request of the commission, shall bring an action in the name of the state in Travis County to recover the amount owed and reasonable legal expenses, including attorney's fees, witness costs, court costs, and deposition costs.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.658. Voluntary Cleanup Work Plans and Reports

Sec. 91.658.  VOLUNTARY CLEANUP WORK PLANS AND REPORTS.  (a)  After signing a voluntary cleanup agreement, the person shall prepare and submit the appropriate work plans and reports to the commission.
(b)  The commission shall review and evaluate the work plans and reports for accuracy, quality, and completeness.  The commission may approve a voluntary cleanup work plan or report or, if a work plan or report is not approved, notify the person concerning additional information or commitments needed to obtain approval.
(c)  At any time during the evaluation of a work plan or report, the commission may request the person to submit additional or corrected information.
(d)  After considering future land use, the commission may approve work plans and reports submitted under this section that do not require removal or remedy of all discharges, releases, and threatened releases at a site if the partial response actions for the property:
(1)  will be completed in a manner that protects human health and the environment;
(2)  will not cause, contribute, or exacerbate discharges, releases, or threatened releases that are not required to be removed or remedied under the work plan;  and
(3)  will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases, or threatened releases.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.659. Certificate of Completion

Sec. 91.659.  CERTIFICATE OF COMPLETION.  (a)  If the commission determines that a person has successfully completed a voluntary cleanup approved under this subchapter, the commission shall certify that the action has been completed by issuing the person a certificate of completion.
(b)  The certificate of completion must:
(1)  acknowledge the protection from liability provided by Section 91.660;
(2)  indicate the proposed future land use;  and
(3)  include a legal description of the site and the name of the site's surface and mineral owner and mineral operator at the time the application to participate in the voluntary cleanup program was filed.
(c)  If the commission determines that the person has not successfully completed a voluntary cleanup approved under this subchapter, the commission shall notify of this determination the person who undertook the voluntary cleanup and the current surface and mineral owner and mineral operator of the site that is the subject of the cleanup.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.660. Persons Released From Liability

Sec. 91.660.  PERSONS RELEASED FROM LIABILITY.  (a)  A person who is not a responsible person under Section 91.113 at the time the person applies to perform a voluntary cleanup:
(1)  does not become a responsible person solely because the person signs the application;  and
(2)  is released, on certification under Section 91.659, from all liability to the state for cleanup of areas of the site covered by the certification, except for releases and consequences that the person causes.
(b)  A person who is not a responsible person under Section 91.113 at the time the commission issues a certificate of completion under Section 91.659 is released, on issuance of the certificate, from all liability to the state for cleanup of areas of the site covered by the certificate, except for releases and consequences that the person causes.
(c)  The release from liability provided by this section does not apply to a person who:
(1)  caused or contributed to the contamination at the site covered by the certificate;
(2)  acquires a certificate of completion by fraud, misrepresentation, or knowing failure to disclose material information;
(3)  knows at the time the person acquires an interest in the site for which the certificate of completion was issued that the certificate was acquired in a manner provided by Subdivision (2);  or
(4)  changes land use from the use specified in the certificate of completion if the new use may result in increased risks to human health or the environment.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 O. Railroad Commission Voluntary Cleanup Program › Section 91.661. Permit Not Required

Sec. 91.661.  PERMIT NOT REQUIRED.  (a)  A state or local permit is not required for removal or remedial action conducted on a site as part of a voluntary cleanup under this subchapter.  A person shall coordinate a voluntary cleanup with ongoing federal and state waste programs.
(b)  The commission by rule shall require that the person conducting the voluntary cleanup comply with any federal or state standard, requirement, criterion, or limitation to which the remedial action would otherwise be subject if a permit were required.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 34, eff. Sept. 1, 2001.
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 P. Certificate of Compliance › Section 91.701. Well Owners and Operators Certificates

Sec. 91.701.  WELL OWNERS AND OPERATORS CERTIFICATES.  The owner or operator of any well subject to the jurisdiction of the commission under this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, shall secure from the commission a certificate showing compliance with that title, section, or subchapter, as applicable, rules adopted and orders issued under that title, section, or subchapter, as applicable, and any license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.702. Prohibited Connection

Sec. 91.702.  PROHIBITED CONNECTION.  No operator of a pipeline or other carrier shall connect with any well subject to the jurisdiction of the commission under this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, until the owner or operator of the well furnishes a certificate from the commission that the owner or operator has complied with that title, section, or subchapter, as applicable, rules adopted and orders issued under that title, section, or subchapter, as applicable, and any license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.703. Temporary Connection

Sec. 91.703.  TEMPORARY CONNECTION.  The provisions of this subchapter do not prevent a temporary connection with a well in order to take care of production and prevent waste until opportunity shall have been given the owner or operator of the well to secure the certificate.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.704. Cancellation of Certificate

Sec. 91.704.  CANCELLATION OF CERTIFICATE.  The commission may cancel any certificate of compliance issued under the provisions of this subchapter if it appears that the owner or operator of a well covered by the provisions of the certificate, in the operation of the well or the production of oil or gas from the well, has violated or is violating this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, a rule adopted or order issued under that title, section, or subchapter, as applicable, or a license, permit, or certificate issued to the owner or operator under that title, section, or subchapter, as applicable.  Before canceling a certificate of compliance, the commission shall give notice to the owner or operator by personal service or by registered or certified mail of the facts or conduct alleged to warrant the cancellation and shall give the owner or operator an opportunity to show compliance with all requirements of law for retention of the certificate as required by Section 2001.054, Government Code.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.705. Effect of Cancellation on Operator of Pipeline or Other Carrier

Sec. 91.705.  EFFECT OF CANCELLATION ON OPERATOR OF PIPELINE OR OTHER CARRIER.  (a)  On notice from the commission to the operator of a pipeline or other carrier connected to a well that the certificate of compliance pertaining to that well has been cancelled, the operator of the pipeline or other carrier shall disconnect from the well.
(b)  It shall be unlawful for the operator of a pipeline or other carrier to reconnect to the well until a new certificate of compliance has been issued by the commission.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.706. Effect of Cancellation on Owner or Operator of Well

Sec. 91.706.  EFFECT OF CANCELLATION ON OWNER OR OPERATOR OF WELL.  (a)  On notice from the commission that a certificate of compliance for a well has been cancelled, it shall be unlawful for the owner or operator of the well to use the well for production, injection, or disposal until a new certificate of compliance covering the well has been issued by the commission.
(b)  If an operator uses or reports use of a well for production, injection, or disposal for which the operator's certificate of compliance has been cancelled, the commission may refuse to renew the operator's organization report required by Section 91.142 until the operator pays the fee required by Section 91.707 and the commission issues the certificate of compliance required for that well.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
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 P. Certificate of Compliance › Section 91.707. Fee for Reissued Certificate

Sec. 91.707.  FEE FOR REISSUED CERTIFICATE.  (a)  If a certificate of compliance for a well has been canceled for one or more violations of provisions of this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, rules adopted or orders issued under that title, section, or subchapter, as applicable, or licenses, permits, or certificates issued to the owner or operator of the well under that title, section, or subchapter, as applicable, the commission may not issue a new certificate of compliance until the owner or operator submits to the commission a nonrefundable fee of $300 for each severance or seal order issued for the well.
(b)  Fees collected under this section shall be deposited to the oil and gas regulation and cleanup fund.
Redesignated from Natural Resources Code, Subchapter E, Chapter 85 and amended by Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.24, 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 91 - Provisions Generally Applicable › Subchapter Q. Notice of Permit for Certain Oil and Gas Operations › Section 91.751. Definition

Sec. 91.751.  DEFINITION.  In this subchapter, "surface owner" 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 notice is required to be given under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 210 (H.B. 630), Sec. 1, eff. September 1, 2007.
Renumbered from Natural Resources Code, Section 91.701 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(71), 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 Q. Notice of Permit for Certain Oil and Gas Operations › Section 91.752. Applicability

Sec. 91.752.  APPLICABILITY.  This subchapter applies only to the drilling of a new oil or gas well or the reentry of a plugged and abandoned oil or gas well.  This subchapter does not apply to:
(1)  the plugging back, reworking, sidetracking, or deepening of an existing oil or gas well that has not been plugged and abandoned; or
(2)  the use of a surface location that is the site of an existing oil or gas well that has not been plugged and abandoned to drill a horizontal oil or gas well.
Added by Acts 2007, 80th Leg., R.S., Ch. 210 (H.B. 630), Sec. 1, eff. September 1, 2007.
Renumbered from Natural Resources Code, Section 91.702 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(71), 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 Q. Notice of Permit for Certain Oil and Gas Operations › Section 91.753. Notice Required

Sec. 91.753.  NOTICE REQUIRED.  (a)  Not later than the 15th business day after the date the commission issues an oil or gas well operator a permit to drill a new oil or gas well or to reenter a plugged and abandoned oil or gas well, the operator shall give written notice of the issuance of the permit to the surface owner of the tract of land on which the well is located or is proposed to be located.
(b)  An oil or gas well operator is not required to give notice under this subchapter to a surface owner if:
(1)  the operator and the surface owner have entered into an agreement that contains alternative provisions regarding the operator's obligation to give notice of oil and gas operations; or
(2)  the surface owner has waived in writing the owner's right to notice under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 210 (H.B. 630), Sec. 1, eff. September 1, 2007.
Renumbered from Natural Resources Code, Section 91.703 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(71), 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 Q. Notice of Permit for Certain Oil and Gas Operations › Section 91.754. Address for Notice

Sec. 91.754.  ADDRESS FOR NOTICE.  The notice must be given to the surface owner at the surface owner's address as shown by the records of the county tax assessor-collector at the time the notice is given.
Added by Acts 2007, 80th Leg., R.S., Ch. 210 (H.B. 630), Sec. 1, eff. September 1, 2007.
Renumbered from Natural Resources Code, Section 91.704 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(71), 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 Q. Notice of Permit for Certain Oil and Gas Operations › Section 91.755. Commission Permits and Rights of Owner of Mineral Estate Not Affected

Sec. 91.755.  COMMISSION PERMITS AND RIGHTS OF OWNER OF MINERAL ESTATE NOT AFFECTED.  (a)  This subchapter does not affect the status of any rule of law to the effect that the mineral estate in land is dominant over the surface estate.
(b)  Failure to give notice as required by this subchapter does not restrict, limit, work as a forfeiture of, or terminate any existing or future permit issued by the commission or right to develop the mineral estate in land.
Added by Acts 2007, 80th Leg., R.S., Ch. 210 (H.B. 630), Sec. 1, eff. September 1, 2007.
Renumbered from Natural Resources Code, Section 91.705 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(71), 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 R. Authorization for Multiple or Alternative Uses of Wells › Section 91.801. Rules Authorizing Multiple or Alternative Uses of Wells

Sec. 91.801.  RULES AUTHORIZING MULTIPLE OR ALTERNATIVE USES OF WELLS.  The commission shall adopt rules allowing:
(1)  a person to obtain a permit for a well from the commission that authorizes the well to be used for multiple purposes; and
(2)  an operator of a well authorized by a permit issued by the commission to convert the well from its authorized purpose to a new or additional purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 6, 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 R. Authorization for Multiple or Alternative Uses of Wells › Section 91.802. Law Applicable to Geologic Storage Facilities and Associated Injection Wells

Sec. 91.802.  LAW APPLICABLE TO GEOLOGIC STORAGE FACILITIES AND ASSOCIATED INJECTION WELLS.  (a)  In this section, "anthropogenic carbon dioxide injection well" has the meaning assigned by Section 27.002, Water Code.
(b)  If a well is authorized as or converted to an anthropogenic carbon dioxide injection well for geologic storage, Subchapter C-1, Chapter 27, Water Code, applies to the well.
(c)  A conversion of an anthropogenic carbon dioxide injection well from use for enhanced recovery operations to use for geologic storage is not considered to be a change in the purpose of the well.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 6, 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 T. Saltwater Pipelines › Section 91.901. Definitions

Sec. 91.901.  DEFINITIONS.  In this subchapter:
(1)  "Saltwater pipeline facility" means a pipeline facility that conducts water that contains salt and other substances and is intended to be used in drilling or operating a well used in the exploration for or production of oil or gas, including an injection well used for enhanced recovery operations, or is produced during drilling or operating an oil, gas, or other type of well.  The term includes a pipeline facility that conducts flowback and produced water from an oil or gas well on which a hydraulic fracturing treatment has been performed to an oil and gas waste disposal well for disposal.
(2)  "Saltwater pipeline operator" means a person who owns, installs, manages, operates, leases, or controls a saltwater pipeline facility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1408 (S.B. 514), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 389 (H.B. 497), Sec. 1, eff. June 10, 2015.