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 D. Prevention of Pollution › Section 91.1011. Oil and Gas Waste

Sec. 91.1011.  OIL AND GAS WASTE.
Text of section effective until delegation of RCRA authority to Railroad Commission of Texas
(a)  In this subchapter, "oil and gas waste" means waste that arises out of or incidental to the drilling for or producing of oil or gas, including waste arising out of or incidental to:
(1)  activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;
(2)  activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission;
(3)  activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;
(4)  activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code;
(5)  activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code;  and
(6)  activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel.
(b)  "Oil and gas waste" includes salt water, brine, sludge, drilling mud, and other liquid, semiliquid, or solid waste material, but does not include waste arising out of or incidental to activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants if that waste is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., as amended.
Added by Acts 1983, 68th Leg., p. 5060, ch. 967, Sec. 7, eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 921, Sec. 4, eff. June 15, 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 D. Prevention of Pollution › Section 91.1011. Oil and Gas Waste

Sec. 91.1011.  OIL AND GAS WASTE.
Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas
(a)  In this subchapter, "oil and gas waste" means waste that arises out of or incidental to the drilling for or producing of oil or gas, including waste arising out of or incidental to:
(1)  activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;
(2)  activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission;
(3)  activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;
(4)  activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code;
(5)  activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code;  and
(6)  activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel.
(b)  "Oil and gas waste" includes salt water, brine, sludge, drilling mud, and other liquid, semiliquid, or solid waste material.
Added by Acts 1983, 68th Leg., p. 5060, ch. 967, Sec. 7, eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 921, Sec. 4, eff. June 15, 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 D. Prevention of Pollution › Section 91.1012. Access to Property and Records

Sec. 91.1012.  ACCESS TO PROPERTY AND RECORDS.  Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the quality of water in the state, to inspect and investigate conditions relating to development of rules, orders, or permits issuable under Section 91.101 of this code, to monitor compliance with a rule, permit, or other order of the commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.
Added by Acts 1983, 68th Leg., p 5260, ch. 967, Sec. 7, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.1013. Application Fees

Sec. 91.1013.  APPLICATION FEES.  (a)  With each application for a fluid injection well permit, the applicant shall submit to the commission a nonrefundable fee of $200. In this section, "fluid injection well" means any well used to inject fluid or gas into the ground in connection with the exploration or production of oil or gas other than an oil and gas waste disposal well regulated by the commission pursuant to Chapter 27, Water Code.
(b)  With each application for a permit to discharge to surface water under this chapter and commission rules, other than a permit for a discharge that meets National Pollutant Discharge Elimination System requirements for agricultural or wildlife use, the applicant shall submit to the commission a nonrefundable fee of $300.
(c)  Fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 72, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 14, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1089, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.15, 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 D. Prevention of Pollution › Section 91.1015. Groundwater Protection Requirements

Sec. 91.1015.  GROUNDWATER PROTECTION REQUIREMENTS.  The commission shall adopt rules to establish groundwater protection requirements for operations that are within the jurisdiction of the commission, including requirements relating to the depth of surface casing for wells.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.04, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.1017. Location of Certain Pits

Sec. 91.1017.  LOCATION OF CERTAIN PITS.  The commission by rule shall establish standards governing permissible locations for pits used by commercial oil and gas disposal facilities.  The rules must include a history of flooding in the 10 years preceding the construction of the pit as a factor in determining whether a proposed location of a pit is permissible.
Added by Acts 2021, 87th Leg., R.S., Ch. 687 (H.B. 2201), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.102. Additional Personnel

Sec. 91.102.  ADDITIONAL PERSONNEL.  The commission is directed to employ additional personnel necessary to administer this subchapter and related laws and rules and orders adopted by the commission.
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.103. Persons Required to Execute Bond, Letter of Credit, or Cash Deposit

Sec. 91.103.  PERSONS REQUIRED TO EXECUTE BOND, LETTER OF CREDIT, OR CASH DEPOSIT.
Any person, including any firm, partnership, joint stock association, corporation, or other organization, required to file an organization report under Section 91. 142 of this code shall execute and file with the commission a bond, letter of credit, or cash deposit.
Acts 1977, 65th Leg., p. 2564, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 603, Sec. 8, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 18, eff. Sept. 1, 2004.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.104. Bonds, Letters of Credit, Cash Deposits, and Well-Specific Plugging Insurance Policies

Sec. 91.104.  BONDS, LETTERS OF CREDIT, CASH DEPOSITS, AND WELL-SPECIFIC PLUGGING INSURANCE POLICIES.  (a)  The commission shall require a bond, letter of credit, or cash deposit to be filed with the commission as provided by Subsection (b).
(b)  A person required to file a bond, letter of credit, or cash deposit under Section 91.103 who is an inactive operator or who operates one or more wells must, at the time of filing or renewing an organization report required by Section 91.142, file:
(1)  an individual bond as provided under Section 91.1041;
(2)  a blanket bond as provided under Section 91.1042; or
(3)  a letter of credit or cash deposit in the same amount as required for an individual bond under Section 91.1041 or a blanket bond under Section 91.1042.
(c)  A person required to file a bond, letter of credit, or cash deposit under Section 91.103 who operates one or more wells is considered to have met that requirement for a well if the well bore is included in a well-specific plugging insurance policy that:
(1)  is approved by the Texas Department of Insurance;
(2)  names this state as the owner and contingent beneficiary of the policy;
(3)  names a primary beneficiary who agrees to plug the specified well bore;
(4)  is fully prepaid and cannot be canceled or surrendered;
(5)  provides that the policy continues in effect until the specified well bore has been plugged;
(6)  provides that benefits will be paid when, but not before, the specified well bore has been plugged in accordance with commission rules in effect at the time of plugging; and
(7)  provides benefits that equal the greatest of:
(A)  an amount equal to $2 for each foot of well depth, as determined in the manner specified by the commission, for the specified well;
(B)  if the specified well is a bay well and regardless of whether the well is producing oil or gas, the amount required under commission rules for a bay well that is not producing oil or gas;
(C)  if the specified well is an offshore well and regardless of whether the well is producing oil or gas, the amount required under commission rules for an offshore well that is not producing oil or gas; or
(D)  the payment otherwise due under the policy for plugging the well bore.
Acts 1977, 65th Leg., p. 2564, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983;  Acts 1991, 72nd Leg., ch. 603, Sec. 9, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 30, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 19, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1233, Sec. 20, eff. Sept. 1, 2004;  Acts 2003, 78th Leg., ch. 490, Sec. 1, eff. Sept. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 1, eff. June 17, 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 D. Prevention of Pollution › Section 91.1041. Individual Bond

Sec. 91.1041.  INDIVIDUAL BOND.
(a)  A person required to file a bond, letter of credit, or cash deposit under Section 91.103 who operates one or more wells may file a bond in an amount equal to $2 for each foot of well depth for each well.
(b)  Notwithstanding Subsection (a), the commission by rule shall set the amount of the bond for an operator of one or more bay or offshore wells at a reasonable amount that exceeds the amount provided by Subsection (a).
(c)  When calculating under Subsection (a) the amount of the bond a person who operates one or more wells is required to file, the commission shall exclude a well if the well bore is included in a well-specific plugging insurance policy described by Section 91.104(c).
(d)  If the inclusion of a bay or offshore well whose well bore is included in a well-specific plugging insurance policy described by Section 91.104(c) in the calculation under Subsection (b) of the amount of the bond an operator of one or more bay or offshore wells is required to file would result in an increase in the amount of the bond that would otherwise be required, the rules must provide for the exclusion of the well from the calculation.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 10, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 21, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1233, Sec. 22, eff. Sept. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 2, eff. June 17, 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 D. Prevention of Pollution › Section 91.1042. Blanket Bond

Sec. 91.1042.  BLANKET BOND.
(a)  A person required to file a bond, letter of credit, or cash deposit under Section 91.103 may file a blanket bond to cover all wells for which a bond, letter of credit, or cash deposit is required as follows:
(1)  a person who operates 10 or fewer wells shall file a $25,000 blanket bond;
(2)  a person who operates more than 10 but fewer than 100 wells shall file a $50,000 blanket bond;  and
(3)  a person who operates 100 or more wells shall file a $250,000 blanket bond.
(b)  Notwithstanding Subsection (a), the commission by rule shall set the amount of the bond for an operator of bay or offshore wells at a reasonable amount that exceeds the amount provided by Subsection (a)(1), (2), or (3), as applicable.
(c)  When calculating the number of an operator's wells for purposes of Subsection (a), the commission shall exclude a well if the well bore is included in a well-specific plugging insurance policy described by Section 91.104(c).
(d)  If the inclusion of a bay or offshore well whose well bore is included in a well-specific plugging insurance policy described by Section 91.104(c) in the calculation under Subsection (b) of the amount of the bond an operator of bay or offshore wells is required to file would result in an increase in the amount of the bond that would otherwise be required, the rules must provide for the exclusion of the well from the calculation.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 10, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 23, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1233, Sec. 24, eff. Sept. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 3, eff. June 17, 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 D. Prevention of Pollution › Section 91.105. Bond Conditions

Sec. 91.105.  BOND CONDITIONS.  Each bond required by Section 91.103 shall be conditioned that the operator will plug and abandon all wells and control, abate, and clean up pollution associated with an operator's oil and gas activities covered under the bond in accordance with the law of the state and the permits, rules, and orders of the commission.  This section does not apply to a well-specific plugging insurance policy described by Section 91.104(c).
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 91.106 by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 11, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 4, eff. June 17, 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 D. Prevention of Pollution › Section 91.106. Execution of Bond

Sec. 91.106.  EXECUTION OF BOND.  Each bond shall be executed by a corporate surety authorized to do business in this state and shall be renewed and be continued in effect until the conditions have been met or release is authorized by the commission.
Acts 1977, 65th Leg., p. 2564, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 91.107 by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.107. New Bond, Letter of Credit, or Cash Deposit

Sec. 91.107.  NEW BOND, LETTER OF CREDIT, OR CASH DEPOSIT.  If an active or inactive well is transferred, sold, or assigned by its operator, the commission shall require the party acquiring the well to file a new bond, letter of credit, or cash deposit as provided by Section 91.104(b), and the financial security of the prior operator shall continue to be required and to remain in effect, and the commission may not approve the transfer of operatorship, until the new bond, letter of credit, or cash deposit is provided or the commission determines that the bond, letter of credit, or cash deposit previously submitted to the commission by the person acquiring the well complies with this subchapter.  A transfer of a well from one entity to another entity under common ownership is a transfer for purposes of this section.  This section does not apply to a well bore that is included in a well-specific plugging insurance policy described by Section 91.104(c).
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 91.108 by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 12, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 25, 26, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1233, Sec. 27, eff. Sept. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 5, eff. June 17, 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 D. Prevention of Pollution › Section 91.108. Deposit and Use of Funds

Sec. 91.108.  DEPOSIT AND USE OF FUNDS.  Subject to the refund provisions of Section 91.1091, if applicable, proceeds from bonds and other financial security required pursuant to this chapter and benefits under well-specific plugging insurance policies described by Section 91.104(c) that are paid to the state as contingent beneficiary of the policies shall be deposited in the oil and gas regulation and cleanup fund and, notwithstanding Sections 81.068 and 91.113, may be used only for actual well plugging and surface remediation.
Added by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 15, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 28, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 5, eff. June 17, 2005.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.16, 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 D. Prevention of Pollution › Section 91.1091. Refund

Sec. 91.1091.  REFUND.  The commission shall refund the proceeds from a bond, letter of credit, or cash deposit required under this subchapter if:
(1)  the conditions that caused the proceeds to be collected are corrected;
(2)  all administrative, civil, and criminal penalties relating to those conditions are paid; and
(3)  the commission has been reimbursed for all costs and expenses incurred by the commission in relation to those conditions.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 16, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 30, Sec. 2, eff. Aug. 30, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 489 (H.B. 380), Sec. 5, eff. June 17, 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 D. Prevention of Pollution › Section 91.110. Oil and Gas Waste Reduction and Minimization

Sec. 91.110.  OIL AND GAS WASTE REDUCTION AND MINIMIZATION.  To encourage the reduction and minimization of oil and gas waste, the commission shall implement a program to:
(1)  provide operators with training and technical assistance on oil and gas waste reduction and minimization;
(2)  assist operators in developing oil and gas waste reduction and minimization plans;  and
(3)  by rule establish incentives for oil and gas waste reduction and minimization.
Added by Acts 1991, 72nd Leg., ch. 296, Sec. 2.06, eff. June 7, 1991;  Acts 1991, 72nd Leg., ch. 590, Sec. 6, eff. June 16, 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 D. Prevention of Pollution › Section 91.1131. Risk Assessment Standards

Sec. 91.1131.  RISK ASSESSMENT STANDARDS.  (a)  The commission by rule may establish risk assessment as the guide for:
(1)  conducting site investigations and environmental assessments;  and
(2)  controlling and cleaning up oil and gas wastes and other substances and materials.
(b)  Rules adopted under this section must provide for:
(1)  determining whether an actual or potential risk exists at a site;
(2)  screening contaminants at the site to identify those that pose a risk;
(3)  developing cleanup standards based on contamination levels that are protective of human health and the environment;  and
(4)  establishing a reporting mechanism for informing the commission regarding specific remediation activities.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 32, 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 D. Prevention of Pollution › Section 91.1132. Prioritization of High-Risk Wells

Sec. 91.1132.  PRIORITIZATION OF HIGH-RISK WELLS.  The commission by rule shall develop a system for:
(1)  identifying abandoned wells that pose a high risk of contaminating surface water or groundwater;
(2)  periodically testing high-risk wells by conducting a fluid level test or, if necessary, a pressure test;  and
(3)  giving priority to plugging high-risk wells with compromised casings.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 32, 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 D. Prevention of Pollution › Section 91.116. Notice of Commercial Surface Disposal Facility Permit Application

Sec. 91.116.  NOTICE OF COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT APPLICATION.  (a)  In this section, "commercial surface disposal facility" means a facility whose primary business purpose is to provide, for compensation, surface disposal of oil field fluids or oil and gas wastes, including land application for treatment and disposal.
(b)  A person who files an application for a permit for a commercial surface disposal facility shall publish notice of the application in accordance with this section.
(c)  The notice must include:
(1)  the date the application was filed;
(2)  a description of the location of the site for which the application was made, including the county in which the site is located, the name of the original survey and abstract number, and the direction and distance from the nearest municipality;
(3)  the name of the owner of the site;
(4)  the name of the applicant;
(5)  the type of fluid or waste to be disposed of at the facility;
(6)  the disposal method proposed;  and
(7)  the procedure for protesting the application.
(d)  The notice must be published:
(1)  at least once each week for two consecutive weeks with the first publication occurring not earlier than the date the application is filed and not later than the 30th day after the date on which the application is filed;  and
(2)  in a newspaper of general circulation in the county in which the proposed disposal would occur.
Added by Acts 1999, 76th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter D. Prevention of Pollution › Section 91.117. Public Information Hearing on Application for Commercial Surface Disposal Facility Permit

Sec. 91.117.  PUBLIC INFORMATION HEARING ON APPLICATION FOR COMMERCIAL SURFACE DISPOSAL FACILITY PERMIT.  (a)  In this section, "commercial surface disposal facility" has the meaning assigned by Section 91.116.
(b)  The commission may hold a public meeting to receive public comment on an application for a commercial surface disposal facility if the commission determines a public meeting is in the public interest.
(c)  The meeting must be held in the county in which the proposed facility would be located.
Added by Acts 1999, 76th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1999.
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 E. Books, Records, and Reports › Section 91.141. Books and Records

Sec. 91.141.  BOOKS AND RECORDS.  (a)  Owners and operators of oil and gas wells shall keep books that show accurately:
(1)  the amount of sold and unsold stock;
(2)  the amount of promotion money paid;
(3)  the amount of oil and gas produced and disposed of and the price for which the oil and gas was sold;
(4)  the receipts from the sale or transfer of leases or other property;  and
(5)  disbursements made in connection with or for the benefit of the business.
(b)  The books shall be kept open for the inspection of the commission or any accredited representative of the commission and any stockholder or shareholder or royalty owner in the business.
(c)  The owners and operators of oil and gas wells shall report the information to the commission for its information if required by the commission to do so.
Acts 1977, 65th Leg., p. 2564, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter E. Books, Records, and Reports › Section 91.143. False Applications, Reports, and Documents and Tampering With Gauges

Sec. 91.143.  FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND TAMPERING WITH GAUGES.  (a)  A person may not:
(1)  make or subscribe any application, report, or other document required or permitted to be filed with the commission by the provisions of Title 102, Revised Civil Statutes of Texas, 1925,  as amended, including provisions of this code formerly included in that title, knowing that the application, report, or other document is false or untrue in a material fact;
(2)  aid or assist in, or procure, counsel, or advise the preparation or presentation of any of these applications, reports, or other documents that are fraudulent, false, or incorrect in any material matter, knowing them to be fraudulent, false, or incorrect in any material matter;
(3)  knowingly simulate or falsely or fraudulently execute or sign such an application, report, or other document;
(4)  knowingly procure these applications, reports, or other documents to be falsely or fraudulently executed, or advise, aid in, or connive at this execution;  or
(5)  knowingly render inaccurate any monitoring device required to be maintained by a commission rule, order, or permit.
(b)  A person commits an offense if the person violates this section.  An offense under this section is a felony punishable by:
(1)  imprisonment in the Texas Department of Criminal Justice for a term of not less than two years or more than five years;
(2)  a fine of not more than $10,000; or
(3)  both the imprisonment and the fine.
(c)  If other penalties prescribed in Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, overlap offenses that are also punishable under this section, the penalties prescribed in this section shall be in addition to other penalties.
(d)  No application, report, or other document required or permitted to be filed with the commission under Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, may be required to be under oath, verification, acknowledgment, or affirmation.
(e)  The commission may impose an administrative penalty in the manner provided by Sections 81.0531-81.0534 on a person who violates this section.  The amount of the penalty may not exceed $1,000 for each violation.
Acts 1977, 65th Leg., p. 2565, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5251, ch. 967, Sec. 1, eff. Sept. 1, 1983;  Acts 1999, 76th Leg., ch. 31, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.136, 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 F. Underground Natural Gas Storage and Conservation › Section 91.171. Short Title

Sec. 91.171.  SHORT TITLE.  This subchapter may be cited as the Underground Natural Gas Storage and Conservation Act of 1977.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.172. Declaration of Policy

Sec. 91.172.  DECLARATION OF POLICY.  The underground storage of natural gas promotes the conservation of natural gas, permits the building of reserves for orderly withdrawal in periods of peak demand, makes more readily available natural gas resources to residential, commercial, and industrial customers of this state, provides a better year-round market to the various gas fields, and promotes the public interest and welfare of this state.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.173. Definitions

Sec. 91.173.  DEFINITIONS.  In this subchapter:
(1)  "Person" means any natural person, partnership or other combination of natural persons, corporation, group of corporations, trust, or governmental entity.
(2)  "Gas utility" means a gas utility as defined in Section 101.003, Utilities Code, or Subchapter A, Chapter 121, Utilities Code.
(3)  "Natural gas" means any gaseous material composed predominantly of the following hydrocarbons or mixtures thereof:  methane, ethane, propane, butane (normal or isobutane), in either its original or manufactured state, or gas which has been processed to separate it into one or more of its component parts after its withdrawal from the earth.
(4)  "Native gas" means:
(A)  natural gas which has not previously been withdrawn from the earth;  or
(B)  natural gas which has been withdrawn from the storage facility, processed, and reinjected into the storage facility.
(5)  "Storage facility" means any subsurface sand, stratum, or formation used or to be used for the underground storage of natural gas and all surface and subsurface rights and appurtenances necessary to the operation of a facility for the underground storage of natural gas.
(6)  "Storer" means (A) a gas utility, (B) a wholly owned subsidiary of a gas utility, (C) the parent corporation of a gas utility, or (D) a wholly owned subsidiary of a parent corporation which also wholly owns a subsidiary gas utility, but a nonutility storer included in category (B), (C), or (D) must operate the storage facility pursuant to a contract with its affiliated gas utility that provides that all withdrawals of natural gas from the storage facility must be delivered to the affiliated gas utility.
(7)  "Substantially depleted" means that at least 75 percent of the estimated volume of recoverable native gas reserves originally in place in any gas-bearing sand, formation, or stratum have been withdrawn from the sand, formation, or stratum.
(8)  "Interested person" means any person who enters an appearance at the commission hearing required by Section 91.174 of this code.
(9)  "Commission" means the Railroad Commission of Texas.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.41, eff. Sept. 1, 1999.
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 F. Underground Natural Gas Storage and Conservation › Section 91.174. Findings of Commission

Sec. 91.174.  FINDINGS OF COMMISSION.  (a)  Any storer desiring to exercise the right of eminent domain for the acquisition of a storage facility shall, as a condition precedent to the filing of its petition in the appropriate court, obtain from the commission an order finding:
(1)  that the underground formation or stratum sought to be acquired is classified by the commission as a gas reservoir and is suitable for the underground storage of natural gas and that the storage of natural gas is necessary for the gas utility to provide adequate service to the public and is in the public interest;
(2)  that the use of the formation or stratum as a storage facility will cause no injury to surface or underground water resources;
(3)  that the formation or stratum does not contain native gas producible in paying quantities unless the recoverable volumes of native gas originally in place are substantially depleted and unless the formation or stratum has a greater value of ultimate use to the consuming public as a storage facility to ensure an adequate supply of natural gas or for the conservation of natural gas than the production of native gas which remains;
(4)  the extent of the horizontal limits of the reservoir expected to be penetrated by displaced or injected gas;  and
(5)  that no portion of the formation or stratum sought to be acquired has been condemned or is being utilized for the injection, storage, and withdrawal of gas by others.
(b)  The designation of a storage facility does not prevent any storer from instituting additional proceedings in the event it is later determined that the underground reservoir should be extended to prevent the escape, displacement, or withdrawal by others of injected gas.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.175. Commission Jurisdiction

Sec. 91.175.  COMMISSION JURISDICTION.  The commission shall have jurisdiction to supervise the construction and operation of all storage facilities formed pursuant to this subchapter, and in addition to the findings required by Section 91.174 of this code, the commission shall include in any order of approval a requirement that the storer file a report each month, including each month prior to the time the storage facility is in operation, with the commission showing, for that month, the volume of gas injected and stored gas withdrawn from storage.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.176. Withdrawal of Native Gas

Sec. 91.176.  WITHDRAWAL OF NATIVE GAS.  A storer may withdraw from storage injected and stored gas as market demand dictates.  However, any time a storer's withdrawals from a storage facility equal the volume of gas injected for storage, the storer shall not withdraw additional gas from the storage facility without first obtaining specific authority from the commission.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.177. Storage Operations Must Be Bona Fide

Sec. 91.177.  STORAGE OPERATIONS MUST BE BONA FIDE.  (a)  A storer must initiate injection operations for gas storage within 12 months after the condemnation order of the court becomes final and storage operations must continue with reasonable diligence after that time.
(b)  Should the monthly reports to the commission indicate that bona fide underground gas storage operations are not being conducted, the commission may, on its own motion or on motion of any interested person, schedule a public hearing, giving the storer the opportunity to show cause why the commission approval of the project should not be withdrawn.
(c)  If the commission finds that the storage project is not being conducted in a bona fide manner, it shall issue an order withdrawing approval of the storage facility, and all property, both mineral and surface, that was condemned by the storer shall revert to those who owned the property at the time of condemnation or their successors.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.178. Relocation of Facilities

Sec. 91.178.  RELOCATION OF FACILITIES.  In the event the acquisition or operation of a storage facility acquired through the exercise of the power of eminent domain requires the relocation or alteration of any railroad, electric, telegraph, telephone, or pipeline lines or facilities, the expense of the relocation or alteration shall be borne by the storer.  The expense of relocation means the actual cost incurred in providing a comparable replacement line or facility, less net salvage value from the sale or other disposition of the old facility.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.179. Appropriation of Storage Facilities; Limitations

Sec. 91.179.  APPROPRIATION OF STORAGE FACILITIES;  LIMITATIONS.  After an order of the commission is issued approving a storage facility, a storer may condemn without further attack as to its right to condemn, any subsurface sand, stratum, or formation for the underground storage of natural gas, condemning all mineral and royalty rights as are reasonably necessary for the operation of the storage facility, subject to the limitations of this subchapter, and the storer may condemn any other interests in property that may be required, including interests in the surface estate in the sand, stratum, or formation reasonably necessary to the operation of the storage facility, provided that:
(1)  no part of a reservoir is subject to condemnation unless the storer has acquired by option, lease, conveyance, or other negotiated means at least 66-2/3 percent of the ownership of minerals, including working interests, and 66-2/3 percent of the ownership of the royalty interests, computed in relation to the surface area overlying the part of the reservoir which as found by the commission to be expected to be penetrated by displaced or injected gas;
(2)  no dwelling, barn, store, or other building is subject to condemnation;  and
(3)  the right of condemnation is without prejudice to the rights of the owners or holders of other rights or interests of land to drill through the storage facility under such terms and conditions as the commission may prescribe for the purpose of protecting the storage facility against pollution or escape of natural gas and is without prejudice to the rights of the owners or holders of other rights or interests of the land to all other uses so long as those uses do not interfere with the operation of the storage facility.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.180. Institution of Condemnation Proceedings

Sec. 91.180.  INSTITUTION OF CONDEMNATION PROCEEDINGS.  (a)  The finding by the commission that underground storage is in the public interest is binding on all persons whose property the storer has the right to condemn.  After that finding of the commission, the storer has the right to condemn all of the underground storage area and any surface area required for the use and enjoyment of the storage facility.
(b)  The storer shall initiate eminent domain proceedings in the court having jurisdiction in the area in which a portion of the land is situated.  The petition shall set forth the purpose for which the property is sought to be acquired, a description of the sand, stratum, or formation and of the land under which it is alleged to be contained, the names of the owners as shown by the deed records of the county, and a description of all other property and rights sought to be appropriated for use in connection with the storage facility, including any parts of the surface necessary for any facilities incidental to the operation of the storage facility.
(c)  The petition shall state facts showing that the storer has obtained the findings of the commission required by Section 91.174 of this code, that the storer in good faith has been unable to acquire the rights sought to be appropriated, that the storer has acquired, prior to the filing of the petition, by any means other than condemnation, at least 66-2/3 percent of the ownership of the minerals, including working interests, and 66-2/3 percent of the royalty interests of the property rights in the storage facility required for that purpose, and shall describe the surface area overlying the storage facility the storer seeks to acquire and the names of the owners of those rights and interests.
(d)  Where more than one tract of land is involved, all or any tracts may be joined in one proceeding, without prejudice to the right of the storer to institute additional proceedings;  provided, that the failure to make service upon a defendant does not affect the right of the storer to proceed against any or all other of the defendants upon whom service has been made.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
Sec. 91.181.  EXERCISE OF RIGHT OF EMINENT DOMAIN.  All proceedings in connection with the condemnation and acquisition of storage facilities shall be in accordance with Articles 3264 through 3271, Revised Civil Statutes of Texas, 1925, as amended, and to the extent of any conflict between those articles and this subchapter, the provisions of this subchapter prevail.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.
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 F. Underground Natural Gas Storage and Conservation › Section 91.182. Ownership of Stored Gas

Sec. 91.182.  OWNERSHIP OF STORED GAS.  All natural gas in the stratum condemned which is not native gas, and which is subsequently injected into storage facilities is personal property and is the property of the injector or its assigns, and in no event is the gas subject to the right of the owner of the surface of the land or of any mineral or royalty owner's interest under which the storage facilities lie, or of any person other than the injector to produce, take, reduce to possession, either by means of the law of capture or otherwise, waste, or otherwise interfere with or exercise any control over a storage facility.  Upon failure, neglect, or refusal of the person to comply with this section, the storer has the right to compel compliance by injunction or by other appropriate relief by application to a court of competent jurisdiction.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, Sec. 3, eff. June 13, 1979.