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 87 - Regulation of Sour Natural Gas › Subchapter B. Powers and Duties of Commission › Section 87.013. Hearings

Sec. 87.013.  HEARINGS.  From time to time, the commission shall hold hearings, after proper notice, to hear evidence and to adopt rules and orders to enforce the provisions of this chapter.
Acts 1977, 65th Leg., p. 2541, 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 87 - Regulation of Sour Natural Gas › Subchapter B. Powers and Duties of Commission › Section 87.014. Inspection of Records; Reports

Sec. 87.014.  INSPECTION OF RECORDS;  REPORTS.  In addition to authority given by existing law, the commission or its agents may:
(1)  inspect the books and records of any person who is affected by the provisions of this chapter;  and
(2)  require sworn reports to be filed from time to time as the commission finds necessary.
Acts 1977, 65th Leg., p. 2541, 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 87 - Regulation of Sour Natural Gas › Subchapter C. Production of Sour Gas › Section 87.051. Limitation of Sour Gas Production

Sec. 87.051.  LIMITATION OF SOUR GAS PRODUCTION.  No person may produce sour gas from any sour gas well in a reservoir producing both sweet and sour gas in excess of the daily allowable production for the gas well as fixed by the orders and schedules of the commission.  The rate of production from a sour gas well is considered to be the daily average rate of production for the calendar month.
Acts 1977, 65th Leg., p. 2542, 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 87 - Regulation of Sour Natural Gas › Subchapter C. Production of Sour Gas › Section 87.052. Maximum Production of Sour Gas for Carbon Black Manufacture

Sec. 87.052.  MAXIMUM PRODUCTION OF SOUR GAS FOR CARBON BLACK MANUFACTURE.  (a)  In any common reservoir in the state producing both sweet and sour gas, there shall never be produced from the common reservoir for use in carbon black manufacture a maximum daily volume of sour gas from the gas wells in excess of 750 million cubic feet.
(b)  The commission shall prorate the daily volume of sour gas from gas wells among all the sour gas wells in the reservoir to prevent cognizable and preventable drainage of gas from tracts of land in the sour gas producing area segregated as to surface position and common ownership on which the sour gas wells are located.
Acts 1977, 65th Leg., p. 2542, 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 87 - Regulation of Sour Natural Gas › Subchapter C. Production of Sour Gas › Section 87.053. Effect of Demand Below Maximum Allowable Production

Sec. 87.053.  EFFECT OF DEMAND BELOW MAXIMUM ALLOWABLE PRODUCTION.  (a)  If the daily demand for sour gas from gas wells for use in carbon black manufacture is less than the daily maximum allowable permitted in Section 87.052 of this code, the total daily volume of gas from gas wells from the sour gas area for use in carbon black manufacture shall be equal to the daily demand.
(b)  The commission shall determine the daily demand and prorate it among all the sour gas wells in the area as provided in Section 87.052 of this code.
Acts 1977, 65th Leg., p. 2542, 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 87 - Regulation of Sour Natural Gas › Subchapter C. Production of Sour Gas › Section 87.054. Effect of Demand for Other Purposes Than Carbon Black Manufacture

Sec. 87.054.  EFFECT OF DEMAND FOR OTHER PURPOSES THAN CARBON BLACK MANUFACTURE.  (a)  If a lawful daily demand exists for sour gas from gas wells for purposes of utilization permitted by law, other than the manufacture of carbon black, the additional demand shall be added to the daily demand for carbon black manufacture, and that sum shall constitute the daily volume of sour gas from gas wells that may be withdrawn from the common reservoir for utilization.
(b)  The commission shall prorate the daily volume provided for in Subsection (a) of this section among the sour gas wells in the area on the basis set forth in Section 87.052 of this code.
Acts 1977, 65th Leg., p. 2542, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.091. Prohibited Commingling of Gas

Sec. 87.091.  PROHIBITED COMMINGLING OF GAS.  In a plant for the extraction of natural gasoline content of gas, no sweet gas may be commingled with sour gas and no casinghead gas may be commingled with sweet gas or sour gas or both, except on the conditions and requirements stated in this subchapter.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.092. Permit Required

Sec. 87.092.  PERMIT REQUIRED.  In any common reservoir in this state producing both sweet and sour gas, no person may operate a plant for the extraction of the natural gasoline content of gas in which sweet gas and sour gas are commingled, or plant casinghead gas is commingled with either sweet gas or sour gas or both, until the person secures from the commission a permit authorizing the operation of the plant.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.093. Issuance of Permit

Sec. 87.093.  ISSUANCE OF PERMIT.  The commission shall issue a permit if it appears that the plant is being operated and the residue gas from the plant is and will be disposed of in accordance with the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.094. Cancellation of Permit

Sec. 87.094.  CANCELLATION OF PERMIT.  (a)  If it appears to the commission that a plant is operating in violation of any of the provisions of this subchapter, the commission shall cancel the permit issued to the plant.
(b)  After the cancellation of the permit, no operator of the plant may commingle either sweet gas and sour gas or casinghead gas with sweet gas or sour gas in the plant for the purpose of extracting the natural gasoline content.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.095. Residue Gas Allowed in Air

Sec. 87.095.  RESIDUE GAS ALLOWED IN AIR.  (a)  Except as provided in Subsection (b) of this section, if a plant operating under this subchapter commingles casinghead gas with sweet gas or sour gas or both, the operator of the plant shall not blow, or permit to be blown, in the air any of the residue gas remaining after the gasoline content of the gas is extracted.
(b)  The operator of a plant may blow in the air an amount of residue gas from the plant that is determined by the commission to be necessary to accomplish uninterrupted deliveries in required amounts to carbon black plants for carbon black manufacture.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.096. Residue Gas: Determination by Commission

Sec. 87.096.  RESIDUE GAS:  DETERMINATION BY COMMISSION.  If a plant operating under this subchapter commingles casinghead gas with sweet gas or sweet gas with sour gas, the commission shall ascertain:
(1)  the quantity of residue gas required to be used for fuel purposes in the efficient operation of the plant;  and
(2)  the quantity of residue gas required to be returned by the operator of the plant to the leases to which the plant is connected for use as fuel in the operation of the leases.
Acts 1977, 65th Leg., p. 2543, 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 87 - Regulation of Sour Natural Gas › Subchapter D. Plants Extracting Natural Gasoline › Section 87.097. Use of Residue Gas for Other Purposes

Sec. 87.097.  USE OF RESIDUE GAS FOR OTHER PURPOSES.  (a)  The operator of the plant is required to use, or cause to be used, for one or more of the uses provided for sweet gas by law a quantity of the residue gas from the plant equal to the quantity of sweet gas taken into the plant for processing, less the extraction loss from the processing.
(b)  The operator shall not be credited with use of residue for plant-fuel or lease-fuel operations in an amount in excess of the quantity of the residue gas found by the commission to be necessary for the efficient operation of the plant and return to the leases for fuel for lease operations.
Acts 1977, 65th Leg., p. 2544, 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 87 - Regulation of Sour Natural Gas › Subchapter E. Use of Gas Without Extraction of Natural Gasoline › Section 87.131. Use of Sweet Gas for Carbon Black Manufacture

Sec. 87.131.  USE OF SWEET GAS FOR CARBON BLACK MANUFACTURE.  Sweet gas produced from any gas well in this state may be used without the prior extraction of its gasoline content for the manufacture of carbon black if it is used in a plant producing an average recovery of not less than five pounds of carbon black for each 1,000 cubic feet of gas.
Acts 1977, 65th Leg., p. 2544, 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 87 - Regulation of Sour Natural Gas › Subchapter E. Use of Gas Without Extraction of Natural Gasoline › Section 87.132. Use of Gas From Certain Wells for Carbon Black Manufacture

Sec. 87.132.  USE OF GAS FROM CERTAIN WELLS FOR CARBON BLACK MANUFACTURE.  (a)  Gas from any gas well completed on or before September 5, 1947, within a common reservoir producing both sweet and sour gas from which the gas was not sold off the leased premises to an interstate pipeline company during the year immediately preceding September 5, 1947, or gas from any gas well completed after September 5, 1947, within a common reservoir producing both sweet and sour gas, may be used for the manufacture of carbon black without the prior extraction of its natural gasoline content if:
(1)  it is used in a plant producing an average recovery of not less than one and one-half pounds of carbon black for each 1,000 cubic feet of gas;  and
(2)  the royalty rate and market price paid for the gas at the wellhead at least equals the royalty rate and market price paid at the wellhead in the immediate area for gas used for light and fuel purposes.
(b)  In arriving at the market price of sour gas, a reduction of not more than one-half cent per 1,000 cubic feet shall be allowed for purifying the gas to render it suitable for light and fuel purposes.
(c)  If the gas is used by a producer, any royalty rate paid shall be paid on the same basis.
Acts 1977, 65th Leg., p. 2544, 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 87 - Regulation of Sour Natural Gas › Subchapter E. Use of Gas Without Extraction of Natural Gasoline › Section 87.134. Effect of Subchapter

Sec. 87.134.  EFFECT OF SUBCHAPTER.  The provisions of this subchapter are cumulative of existing laws relating to the uses of gas and do not restrict or affect the manufacture of carbon black from processed sour gas as authorized by Section 86.182 of this code.
Acts 1977, 65th Leg., p. 2545, 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 87 - Regulation of Sour Natural Gas › Subchapter F. Use of Gas Determined by Hydrocarbon Content › Section 87.171. Gas Containing Low Hydrocarbon Content

Sec. 87.171.  GAS CONTAINING LOW HYDROCARBON CONTENT.  Any natural gas, including casinghead gas, produced from any gas well or oil well in this state, containing less than one and one-half gallons of propane and heavier hydrocarbons per 1,000 cubic feet, as determined by fractional analysis made of the gas, may be used for the manufacture of carbon black in a plant producing an average recovery of at least one and one-half pounds of carbon black for each 1,000 cubic feet of gas consumed.
Acts 1977, 65th Leg., p. 2545, 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 87 - Regulation of Sour Natural Gas › Subchapter F. Use of Gas Determined by Hydrocarbon Content › Section 87.172. Gas Containing High Hydrocarbon Content

Sec. 87.172.  GAS CONTAINING HIGH HYDROCARBON CONTENT.  (a)  Except as provided in Subsection (b) of this section, no natural gas, including casinghead gas, produced from any gas well or oil well in this state, containing one and one-half gallons or more of propane and heavier hydrocarbons per 1,000 cubic feet, as determined by fractional analysis made of the gas, may be used for the manufacture of carbon black in a plant producing an average recovery of at least one and one-half pounds of carbon black for each 1,000 cubic feet of gas consumed without the prior extraction of its natural gasoline content.
(b)  On the filing of an application and after proper notice and hearing as provided by law, the commission may authorize the use of any natural gas, including casinghead gas, containing one and one-half gallons or more of propane and heavier hydrocarbons per 1,000 cubic feet, as determined by fractional analysis made of the gas, in the manufacture of carbon black in a plant producing an average recovery of at least one and one-half pounds of carbon black for each 1,000 cubic feet of gas consumed if the commission finds it is unprofitable to first extract the natural gasoline content of the gas.
Acts 1977, 65th Leg., p. 2545, 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 87 - Regulation of Sour Natural Gas › Subchapter F. Use of Gas Determined by Hydrocarbon Content › Section 87.173. Additional Extraction to Alleviate Shortage

Sec. 87.173.  ADDITIONAL EXTRACTION TO ALLEVIATE SHORTAGE.  If a general shortage of propane or heavier liquid hydrocarbons occurs, the commission, after notice and hearing, may require additional extraction of hydrocarbons from the gas to alleviate the shortage, but additional extraction shall not be required if it is not economically feasible to do so.
Acts 1977, 65th Leg., p. 2545, 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 87 - Regulation of Sour Natural Gas › Subchapter F. Use of Gas Determined by Hydrocarbon Content › Section 87.174. Applicability of This Subchapter

Sec. 87.174.  APPLICABILITY OF THIS SUBCHAPTER.  The provisions of this subchapter shall not apply to:
(1)  gas produced from a common reservoir that contains both sweet and sour gas which was being lawfully used for the manufacture of carbon black under the provisions of the source law codified in Subchapters D and E of this chapter  at the time of the passage of the source law for this section;  or
(2)  gas from gas wells located in these reservoirs which were entitled to be so used under the provisions of the source law codified in Subchapters D and E of this chapter at the time of the passage of the source law for this section.
Acts 1977, 65th Leg., p. 2545, 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 87 - Regulation of Sour Natural Gas › Subchapter G. Carbon Black Plants › Section 87.211. Prohibited Location

Sec. 87.211.  PROHIBITED LOCATION.  Unless adequate precaution is taken to minimize the emission of smoke from the plant, no channel-type carbon black plant shall be erected or constructed closer than five miles to:
(1)  the limits of a city, town, or village incorporated at or before the time the erection or construction of the plant is begun;  or
(2)  a commercially operated citrus fruit orchard planted not less than one year before the time the erection or construction of the plant is commenced.
Acts 1977, 65th Leg., p. 2546, 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 87 - Regulation of Sour Natural Gas › Subchapter H. Enforcement › Section 87.241. Penalty

Sec. 87.241.  PENALTY.  (a)  A person who violates this chapter is liable to a penalty of not more than $1,000 for each offense.
(b)  Each day a violation occurs constitutes a separate offense.
(c)  The penalty may be recovered by the State of Texas, with costs of suit, in a civil action instituted by the attorney general in Travis County, in the county in which the violation occurred, or in the county of residence of the defendant.
Acts 1977, 65th Leg., p. 2546, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5255, ch. 967, Sec. 3, 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 87 - Regulation of Sour Natural Gas › Subchapter H. Enforcement › Section 87.242. Injunctive Relief

Sec. 87.242.  INJUNCTIVE RELIEF.  (a)  A violation or threatened violation of this chapter may be enjoined by any court of competent jurisdiction in which suit for penalty may be brought.
(b)  The court shall issue the writs or prohibitory or mandatory injunctions that the facts justify.
Acts 1977, 65th Leg., p. 2546, 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 88 - Control of Oil Property › Subchapter A. General Provisions › Section 88.001. Definitions

Sec. 88.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Governmental agent" or "governmental agency" means the Railroad Commission of Texas and any other administrative governmental board and governmental agent to which the legislature delegates the duty of supervising the production of oil and gas in the State of Texas.
(3)  "Oil property" means a well producing oil, gas, or oil and gas, and any group of such contiguous wells of any number owned, operated, or controlled as a producing unit by the same person in the same locality, and any leasehold estate to the extent that it is owned, operated, and controlled by the same person.
Acts 1977, 65th Leg., p. 2547, 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 88 - Control of Oil Property › Subchapter B. Rules › Section 88.011. Adoption of Rules

Sec. 88.011.  ADOPTION OF RULES.  (a)  The governmental agency may promulgate and adopt rules:
(1)  to provide for the method of measuring oil and gas produced from any well in this state and to provide for the type of measuring devices to be used in obtaining the measurement;
(2)  for the inspection of all oil properties to ascertain that the prescribed measuring devices are installed, are in accurate working condition, and are being accurately used;
(3)  to provide that no oil or gas is being permitted to leave the possession of the producer without first being accurately measured and an accurate record of production made and preserved;
(4)  to provide that no oil is being produced from a well producing both oil and gas without burning a flare or flares if the installation and use of a flare or flares is required by the terms of this chapter;
(5)  for the keeping of complete and accurate records correctly reflecting the amount of oil or gas or both produced from each oil property each calendar day and the disposition and method of disposition of all the oil and gas produced, and for the monthly filing with the governmental agency of monthly reports accurately reflecting the true facts with respect to all such matters;  and
(6)  for the inspection and examination by the governmental agency, or its agents, servants, and employees, of all oil properties and the records provided for in this chapter.
(b)  The rules shall be adopted in the manner provided by law for adoption of rules of the commission.
Acts 1977, 65th Leg., p. 2547, 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 88 - Control of Oil Property › Subchapter B. Rules › Section 88.012. Rules and Orders Relating to Records and Reports

Sec. 88.012.  RULES AND ORDERS RELATING TO RECORDS AND REPORTS.  The rules and orders of the governmental agency relating to records and reports shall prescribe the form in which the records and reports will be made and kept, but the records and reports shall contain the data and information provided for in this chapter.
Acts 1977, 65th Leg., p. 2548, 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 88 - Control of Oil Property › Subchapter B. Rules › Section 88.013. Notice by Publication

Sec. 88.013.  NOTICE BY PUBLICATION.  (a)  When the governmental agency adopts a rule under this chapter, the governmental agency shall publish a complete copy of the rule once each day for three consecutive days in three newspapers of general circulation in the state, to be selected by the governmental agency.
(b)  Notice of any amendment, repeal, alteration, or modification of the order may be similarly adopted and will become effective after similar notice.
Acts 1977, 65th Leg., p. 2548, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.051. Production Prohibited in Excess of Allowable Amount

Sec. 88.051.  PRODUCTION PROHIBITED IN EXCESS OF ALLOWABLE AMOUNT.  No person owning, leasing, operating, producing, or controlling an oil property or any oil well in this state may produce or cause to be produced on any day from any oil property or oil well any oil in excess of the amount allowed to be produced each day from the oil property or oil well under an order previously adopted by the governmental agency and in force at the time.
Acts 1977, 65th Leg., p. 2548, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.052. Prohibited Passage From Control of Producer Without Measurement and Record of Amount

Sec. 88.052.  PROHIBITED PASSAGE FROM CONTROL OF PRODUCER WITHOUT MEASUREMENT AND RECORD OF AMOUNT.  No person owning, leasing, operating, or controlling an oil property in this state may permit the oil or gas produced to pass beyond the possession or control of that person to the possession or control of any other person without first accurately measuring the amount of the oil or gas and making and preserving an accurate record of the amount.
Acts 1977, 65th Leg., p. 2548, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.053. Prohibited Evasion or Prevention of Accurate Measurement

Sec. 88.053.  PROHIBITED EVASION OR PREVENTION OF ACCURATE MEASUREMENT.  No person owning, leasing, operating, or controlling an oil property in this state may use a method or device to evade or prevent obtaining the accurate measurement as provided in Section 88.052 of this code.
Acts 1977, 65th Leg., p. 2548, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.0531. Criminal Penalty

Sec. 88.0531.  CRIMINAL PENALTY.  (a)  A person who knowingly violates Section 88.052 or 88.053 of this code commits an offense.
(b)  An offense under this section is a Class A misdemeanor unless the actor has been convicted previously under this section, in which event the offense is a felony of the third degree.
Added by Acts 1983, 68th Leg., p. 5231, ch. 960, Sec. 2, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.054. Passage From Control of Producer Prohibited if Tank Not Under His Control

Sec. 88.054.  PASSAGE FROM CONTROL OF PRODUCER PROHIBITED IF TANK NOT UNDER HIS CONTROL.  No person owning, leasing, operating, or controlling an oil property may permit oil produced by him in this state to pass from his possession or control to the possession or control of any other person except from a tank or tanks under the control of the person producing the oil.
Acts 1977, 65th Leg., p. 2549, 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 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.055. Production Prohibited Without Flare

Sec. 88.055.  PRODUCTION PROHIBITED WITHOUT FLARE.  If the gas from a well producing both oil and gas is not trapped and used and the gas is capable of being burned in a flare, no person owning, leasing, operating, or controlling an oil property in this state may produce oil from the well at any time without simultaneously and continuously burning a flare to consume all gas that otherwise would be permitted to escape into the open air.  The Railroad Commission of Texas shall have the authority to grant exceptions to this section.
Acts 1977, 65th Leg., p. 2549, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st Leg., ch. 565, Sec. 1, eff. June 14, 1989.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 88 - Control of Oil Property › Subchapter C. Practices Prohibited in the Production of Oil and Gas › Section 88.056. Identifying Signs

Sec. 88.056.  IDENTIFYING SIGNS.  Each oil property in this state, each tank owned or controlled by such person to which the property is connected, and each flare to which the property is connected shall be posted at all times with a sign written in the English language with letters at least one inch in height, stating:
(1)  the name of the owner of the property;
(2)  the operator of the property;
(3)  the number of acres contained in the property;  and
(4)  the name by which the property is commonly known and identified.
Acts 1977, 65th Leg., p. 2549, 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 88 - Control of Oil Property › Subchapter D. Inspection and Examination of Oil Property › Section 88.091. Access to Property and Records

Sec. 88.091.  ACCESS TO PROPERTY AND RECORDS.  The governmental agency shall have access at all times to:
(1)  the oil property of all persons for inspection and examination;  and
(2)  the records of all these persons for inspection, examination, and audit.
Acts 1977, 65th Leg., p. 2549, 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 88 - Control of Oil Property › Subchapter D. Inspection and Examination of Oil Property › Section 88.092. Prohibited Interference With Access and Inspection

Sec. 88.092.  PROHIBITED INTERFERENCE WITH ACCESS AND INSPECTION.  No person may:
(1)  refuse to permit the governmental agency, or an agent, servant, representative, or employee of the governmental agency, to have access to an oil property for inspection and examination;
(2)  interfere with the inspection and examination;
(3)  remove, tamper with, mutilate, or destroy a device, seal, or meter on an oil property placed there or used in the inspection and examination;  or
(4)  refuse to permit the governmental agency, or an agent, servant, representative, or employee of the governmental agency, to have access, for inspection, examination, and audit, to the books, documents, and records pertaining to, used in connection with, or required to be used in connection with an oil property.
Acts 1977, 65th Leg., p. 2549, 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 88 - Control of Oil Property › Subchapter D. Inspection and Examination of Oil Property › Section 88.093. Prohibited Equipment or Enclosure

Sec. 88.093.  PROHIBITED EQUIPMENT OR ENCLOSURE.  No person owning, leasing, operating, or controlling an oil property in this state may equip or enclose his oil property, or any part of his oil property, in a manner that:
(1)  prevents inspection and examination;  or
(2)  prevents an inspection and examination from revealing the true facts with respect to:
(A)  the amount of oil or oil and gas being produced from the oil property;
(B)  the manner in which the oil property is being operated;  or
(C)  the manner and method by which the production from the oil property is produced, stored, or delivered from the possession or control of that person.
Acts 1977, 65th Leg., p. 2550, 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 88 - Control of Oil Property › Subchapter D. Inspection and Examination of Oil Property › Section 88.094. Prohibited Gift or Gratuity

Sec. 88.094.  PROHIBITED GIFT OR GRATUITY.  No person may corruptly give, offer, or promise to give a member of the governmental agency, chief supervisor, deputy supervisor, or any agent or employee of the governmental agency a gift or gratuity with intent to influence the officer or person in his acts or conduct with respect to:
(1)  enforcing any provision of the law applicable to oil and gas in force at the time in this state;
(2)  enforcing any order or rule of the governmental agency adopted under the power and authority given to it;  or
(3)  the discharge of any duty imposed on him by the oil and gas laws, orders, and rules duly promulgated and in force at the time in this state.
Acts 1977, 65th Leg., p. 2550, 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 88 - Control of Oil Property › Subchapter E. Enforcement; Penalties › Section 88.131. Venue

Sec. 88.131.  VENUE.  The courts of the county in which the oil property or any part of the oil property is located and with respect to which a violation of the provisions of this chapter is charged, the courts of Travis County, or the courts of the county of the residence of any defendant, have jurisdiction of all prosecutions for violations of the provisions of this chapter.
Acts 1977, 65th Leg., p. 2550, 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.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 88 - Control of Oil Property › Subchapter E. Enforcement; Penalties › Section 88.132. Service of Process

Sec. 88.132.  SERVICE OF PROCESS.  (a)  In a suit or action involving the enforcement of the conservation laws of this state or the orders of the commission affecting the conservation of the natural resources of this state, a Texas Ranger or an agent of the commission may serve civil or judicial process, citation, notice, warrant, subpoena, or writ, including process of every character in contempt proceedings, the same and as fully as a sheriff or constable of a county to whom the process, writ, notice, citation, subpoena, or warrant might be directed could within the limits of his own county.
(b)  A ranger or an agent of the commission may serve the process anywhere in the State of Texas although it may be directed to "any sheriff or constable" of a particular county.  He shall make the same return as any other officer, sign his name, and add under his name the title of "State Ranger" or "Agent, Railroad Commission of Texas," as the case may be, which is sufficient to make it valid if the writ otherwise is properly prepared.
(c)  No fees are allowed the rangers or agents of the commission other than their regular salary or compensation.
Acts 1977, 65th Leg., p. 2550, 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 88 - Control of Oil Property › Subchapter E. Enforcement; Penalties › Section 88.133. Responsibility for Compliance and Liability to Prosecution

Sec. 88.133.  RESPONSIBILITY FOR COMPLIANCE AND LIABILITY TO PROSECUTION.  The president of each corporation, the chief managing executive of each association, all active members of each firm and partnership, and all trustees of each trust subject to the provisions of this chapter shall be responsible for the compliance with the terms of this chapter by the corporation, association, firm, partnership, or trust of which he is, respectively, president, chief managing executive, member, or trustee, and he shall be liable to prosecution under and subject to the criminal penalties provided in this chapter for violations of this chapter by the respective corporation, association, firm, partnership, or trust of which he has actual knowledge or to which he assents.
Acts 1977, 65th Leg., p. 2551, 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 88 - Control of Oil Property › Subchapter E. Enforcement; Penalties › Section 88.134. Penalties

Sec. 88.134.  PENALTIES.  (a)  A person who violates any of the provisions of Sections 88.091 through 88.093 of this code, or any person who fails to comply with any of the provisions of those sections, is guilty of a misdemeanor and on conviction shall be subject to a fine of not more than $500, or by confinement in the county jail for not more than six months, or by both.
(b)  A person who violates any other provision of this chapter other than those covered by Subsection (a), a person who fails to comply with any of the other terms of this chapter, a person who fails to comply with the terms of a rule or order adopted by the governmental agency under the terms of this chapter, or a person who violates any of the rules or orders of the governmental agency adopted under the provisions of this chapter on conviction is considered guilty of a felony and on conviction shall be punished by imprisonment in the Texas Department of Criminal Justice for a term of not less than two nor more than four years.
Acts 1977, 65th Leg., p. 2551, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.135, 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 88 - Control of Oil Property › Subchapter E. Enforcement; Penalties › Section 88.135. Civil Penalties and Injunctions

Sec. 88.135.  CIVIL PENALTIES AND INJUNCTIONS.  In addition to the powers specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule, order, or permit of the commission adopted under this chapter in the same manner and subject to the same conditions as provided by Chapters 81 and 85 of this code, including recovering civil penalties and seeking injunctive relief as provided by those chapters.
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 89 - Abandoned Wells › Subchapter A. General Provisions › Section 89.001. Policy

Sec. 89.001.  POLICY.  The conservation and development of all the natural resources of this state are declared to be a public right and duty.  It is also declared that the protection of water and land of the state against pollution or the escape of oil or gas is in the public interest.  In the exercise of the police power of the state, it is necessary and desirable to provide additional means so that wells that are drilled for the exploration, development, or production of oil or gas, or as injection or salt water disposal wells, and that have been abandoned and are leaking salt water, oil, gas, or other deleterious substances into freshwater formations or on the surface of the land, may be plugged, replugged, or repaired by or under the authority and direction of the commission.
Acts 1977, 65th Leg., p. 2552, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter A. General Provisions › Section 89.003. Applicability

Sec. 89.003.  APPLICABILITY.  The provisions of this chapter do not alter causes of action arising before August 30, 1965.
Acts 1977, 65th Leg., p. 2553, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. Duty to Plug Wells › Section 89.011. Duty of Operator

Sec. 89.011.  DUTY OF OPERATOR.  (a)  The operator of a well shall properly plug the well when required and in accordance with the commission's rules that are in effect at the time of the plugging.
(b)  If useable quality water zones are present, the operator shall verify the placement of the plug at the base of the deepest fresh water zone required to be protected.  The well is considered to have been properly plugged only when the verification is satisfactory and meets commission requirements.
(c)  If, for the use of the surface owner, the operator of the well plugs the well back to produced fresh water, the duty of the operator to properly plug the well ends only when:
(1)  the well has been properly plugged in accordance with commission requirements;  and
(2)  the surface owner has obtained a permit for the well from the groundwater conservation district, if applicable.
(d)  Subsections (b) and (c) apply only to wells plugged on or after the effective date of this Act.
(e)  The duty of a person to plug an unplugged well that has ceased operation ends only if the person's interest in the well is sold or conveyed while the well is in compliance with rules of the commission relating to safety or the prevention or control of pollution and the provisions of Sections 89.002(a)(2)(A)-(D) have been met.  The person acquiring the seller's interest through such a sale or conveyance succeeds the seller as the operator of the well for the purpose of plugging responsibility once the provisions of Sections 89.002(a)(2)(A)-(D) have been met.
Acts 1977, 65th Leg., p. 2553, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 882, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 89, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1233, Sec. 12, 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 89 - Abandoned Wells › Subchapter B. Duty to Plug Wells › Section 89.012. Duty of Nonoperator

Sec. 89.012.  DUTY OF NONOPERATOR.  If the operator of a well fails to comply with Section 89.011 of this code, each nonoperator is responsible for his proportionate share of the cost of the proper plugging of the well within a reasonable time, according to the rules of the commission in effect at the time the responsibility attaches.
Acts 1977, 65th Leg., p. 2553, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.021. Applicability

Sec. 89.021.  APPLICABILITY.  This subchapter does not apply to a bay or offshore well as defined by commission rules.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.024. Abeyance of Plugging Report

Sec. 89.024.  ABEYANCE OF PLUGGING REPORT.  (a)  An abeyance of plugging report filed under Section 89.023(a)(3)(B) is valid for a period of not more than five years.
(b)  An abeyance of plugging report may cover more than one well in a field but may not cover more than one field.
(c)  An abeyance of plugging report may not be transferred to a new operator of an existing inactive well.  A new operator of an existing inactive well must file a new abeyance of plugging report or otherwise comply with the requirements of this subchapter on or before the deadline provided by Section 89.022(b).  This subsection does not prohibit the transfer of an abeyance of plugging report in the event of a change of name of an operator.
(d)  An operator who files an abeyance of plugging report must pay an annual fee of $100 for each well covered by the report.  A fee collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.07, eff. September 28, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.025. Enhanced Oil Recovery Project

Sec. 89.025.  ENHANCED OIL RECOVERY PROJECT.  (a)  For purposes of Section 89.023(a)(3)(C), an inactive well is considered to be part of an enhanced oil recovery project if the well is located on a unit or lease or in a field associated with such a project.
(b)  A statement that an inactive well is part of an enhanced oil recovery project may not be transferred to a new operator of an existing inactive well.  A new operator of an existing inactive well must file a new statement that the well is part of such a project or otherwise comply with the requirements of this subchapter on or before the deadline provided by Section 89.022(b).  This subsection does not prohibit the transfer of a statement that a well is part of an enhanced oil recovery project in the event of a change of name of an operator.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 89 - Abandoned Wells › Subchapter B. -1. Plugging of Certain Inactive Wells › Section 89.026. Fluid Level or Hydraulic Pressure Test

Sec. 89.026.  FLUID LEVEL OR HYDRAULIC PRESSURE TEST.  (a)  Documentation filed under Section 89.023(a)(3)(D) of the results of a successful fluid level test is valid for a period of one year from the date of the test.  Documentation filed under that section of the results of a successful hydraulic pressure test is valid for a period of not more than five years from the date of the test.
(b)  The operator must notify the office of the commission oil and gas division district in which an inactive well is located at least three days before the date the operator conducts a fluid level or hydraulic pressure test of the well and may not conduct the test without the approval of the office.  The commission may require that a test be witnessed by a commission employee.
(c)  Documentation of the results of a successful fluid level or hydraulic pressure test may be transferred to a new operator of an existing inactive well.
(d)  An operator who files documentation described by Subsection (a) must pay an annual fee of $50 for each well covered by the documentation.  A fee collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 442 (H.B. 2259), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 562 (H.B. 3134), Sec. 5, eff. June 17, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.08, eff. September 28, 2011.