reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.005. Sale of Carbon Dioxide for Beneficial Use

Sec. 119.005.  SALE OF CARBON DIOXIDE FOR BENEFICIAL USE.  (a)  The commission may sell, for enhanced oil recovery or other beneficial use, carbon dioxide that is:
(1)  captured by a clean coal project; and
(2)  not injected for permanent storage in a geologic formation.
(b)  The commission shall deposit any proceeds from the sale of carbon dioxide under this section to the credit of the general revenue fund.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.006. Indemnification

Sec. 119.006.  INDEMNIFICATION.  The University of Texas System, the permanent university fund, and the Texas Board of Criminal Justice may enter into a lease with the commission or with an owner or operator of a clean coal project for the use of lands owned or controlled by the system, the fund, or the board for permanent storage of carbon dioxide captured by a clean coal project, provided that such lease adequately indemnifies the system, the fund, the board, and the Texas Department of Criminal Justice against liability for personal injury or property damage incurred by the system, the fund, the board, or the department as a result of the escape or migration of the carbon dioxide after it is injected into a zone or reservoir.  This section does not affect the application of Chapter 101, Civil Practice and Remedies Code, to any activity carried out by a governmental unit, as defined by that chapter.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 8 (H.B. 149), Sec. 1, eff. September 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 562 (S.B. 1461), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 119 - Ownership of Carbon Dioxide Captured by Clean Coal Project › Section 119.007. Representation by Attorney General

Sec. 119.007.  REPRESENTATION BY ATTORNEY GENERAL.  (a)  In this section, "state agency" includes:
(1)  a department, commission, board, office, or other agency in the legislative, executive, or judicial branch of state government; and
(2)  a university system or institution of higher education as defined by Section 61.003, Education Code.
(b)  A state agency may request the attorney general to represent the state agency in a legal proceeding that arises from an escape or migration of carbon dioxide captured or sequestered in connection with a clean coal project.
(c)  If the attorney general declines to represent the state agency, the state agency may obtain outside counsel in accordance with Section 402.0212, Government Code, and for purposes of that section, the attorney general's declination to represent the agency constitutes the attorney general's approval of the outside counsel for the matter.
Added by Acts 2007, 80th Leg., R.S., Ch. 562 (S.B. 1461), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 120 - Verification, Monitoring, and Certification of Clean Energy Project › Section 120.001. Definitions

Sec. 120.001.  DEFINITIONS.  In this chapter:
(1)  "Bureau" means the Bureau of Economic Geology of The University of Texas at Austin.
(2)  "Clean energy project" means a project to construct a coal-fueled, natural gas-fueled, or petroleum coke-fueled electric generating facility, including a facility in which the fuel is gasified before combustion, that will:
(A)  have a capacity of at least 200 megawatts;
(B)  meet the emissions profile for an advanced clean energy project under Section 382.003(1-a)(B), Health and Safety Code;
(C)  capture at least 70 percent of the carbon dioxide resulting from or associated with the generation of electricity by the facility;
(D)  be capable of permanently sequestering in a geological formation the carbon dioxide captured; and
(E)  be capable of supplying the carbon dioxide captured for purposes of an enhanced oil recovery project.
(3)  "Commission" means the Railroad Commission of Texas.
(4)  "Sequester" means to inject carbon dioxide into a geological formation in a manner and under conditions that create a reasonable expectation that at least 99 percent of the carbon dioxide injected will remain sequestered from the atmosphere for at least 1,000 years.
Added by Acts 2009, 81st Leg., R.S., Ch. 1109 (H.B. 469), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1003 (H.B. 2446), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 120 - Verification, Monitoring, and Certification of Clean Energy Project › Section 120.002. Certification of Clean Energy Project

Sec. 120.002.  CERTIFICATION OF CLEAN ENERGY PROJECT.  (a)  The commission is the authority responsible for certifying whether a project has met the requirements for a clean energy project.
(b)  An entity may apply to the commission for a certification that a project operated by the entity meets the requirements for a clean energy project.  An entity may not submit an application under this section before September 1, 2018.  The application must be accompanied by:
(1)  a certificate from a qualified independent engineer that the project is operational and meets the standards provided by Sections 120.001(2)(A), (B), and (C); and
(2)  a fee payable to the commission.
(c)  The amount of the fee prescribed by Subsection (b)(2) is $50,000 unless the commission by rule determines that a fee in a greater amount is necessary to cover the commission's costs of processing an application.
Added by Acts 2009, 81st Leg., R.S., Ch. 1109 (H.B. 469), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1003 (H.B. 2446), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 120 - Verification, Monitoring, and Certification of Clean Energy Project › Section 120.003. Monitoring of Sequestered Carbon Dioxide

Sec. 120.003.  MONITORING OF SEQUESTERED CARBON DIOXIDE.  (a)  An entity that applies to the commission under Section 120.002 for a certification that a project operated by the entity meets the requirements for a clean energy project is responsible for conducting a monitoring, measuring, and verification process that demonstrates that the project complies with the requirements of Section 171.602(b)(4), Tax Code.
(b)  The entity shall contract with the bureau for the bureau to:
(1)  design initial protocols and standards for the process described by Subsection (a);
(2)  review the conduct of the process described by Subsection (a) in order to make any necessary changes in the design of the protocols and standards;
(3)  evaluate the results of the process described by Subsection (a);
(4)  provide an evaluation of the results of the process described by Subsection (a) to the commission; and
(5)  determine whether to transmit to the comptroller the verification described by Section 171.602(b)(4), Tax Code.
(c)  Unless otherwise agreed by the entity and the bureau, a contract required by Subsection (b) must require the entity to compensate the bureau by paying an annual fee in accordance with the following schedule:
Year             Amount
One              $700,000
Two              $1,300,000
Three            $1,800,000
Four             $1,500,000
Five             $1,200,000
Six              $900,000
Seven            $500,000
Eight            $200,000
(d)  The first payment under Subsection (c) is due not later than 24 months before the date the entity first supplies carbon dioxide captured by the project to an enhanced oil recovery project.
Added by Acts 2009, 81st Leg., R.S., Ch. 1109 (H.B. 469), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1003 (H.B. 2446), Sec. 5, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(17), eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 120 - Verification, Monitoring, and Certification of Clean Energy Project › Section 120.004. Issuance of Certificate of Compliance

Sec. 120.004.  ISSUANCE OF CERTIFICATE OF COMPLIANCE.  (a)  On verification that a project meets the requirements for certification as a clean energy project, the commission shall issue a certificate of compliance for the project to the entity operating the project and shall provide a copy of the certificate to the comptroller.
(b)  The commission may not issue a certificate of compliance for more than three clean energy projects. Not more than one of the clean energy projects may be a natural gas project.
Added by Acts 2009, 81st Leg., R.S., Ch. 1109 (H.B. 469), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1003 (H.B. 2446), Sec. 6, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 121 - Ownership and Stewardship of Anthropogenic Carbon Dioxide › Section 121.001. Definitions

Sec. 121.001.  DEFINITIONS.  In this chapter:
(1)  "Anthropogenic carbon dioxide," "anthropogenic carbon dioxide injection well," and "geologic storage facility" have the meanings assigned by Section 27.002, Water Code.
(2)  "Commission" means the Railroad Commission of Texas.
(3)  "Storage operator" means a person authorized by the commission to operate a geologic storage facility.
Redesignated from Natural Resources Code, Chapter 120 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(44), eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 121 - Ownership and Stewardship of Anthropogenic Carbon Dioxide › Section 121.002. Ownership of Anthropogenic Carbon Dioxide

Sec. 121.002.  OWNERSHIP OF ANTHROPOGENIC CARBON DIOXIDE.  (a)  This section does not apply to anthropogenic carbon dioxide injected for the primary purpose of enhanced recovery operations.
(b)  Unless otherwise expressly provided by a contract, bill of sale, deed, mortgage, deed of trust, or other legally binding document or by other law, anthropogenic carbon dioxide stored in a geologic storage facility is considered to be the property of the storage operator or the storage operator's heirs, successors, or assigns.
(c)  Absent a final judgment of wilful abandonment rendered by a court or a regulatory determination of closure or abandonment, anthropogenic carbon dioxide stored in a geologic storage facility is not considered to be the property of the owner of the surface or mineral estate in the land in which the anthropogenic carbon dioxide is stored or of a person claiming under the owner of the surface or mineral estate.
(d)  The owner, as designated by Subsection (b) or (c), of the anthropogenic carbon dioxide stored in a geologic storage facility, or the owner's heirs, successors, or assigns, may produce, take, extract, or otherwise possess anthropogenic carbon dioxide stored in the facility.
Redesignated from Natural Resources Code, Chapter 120 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(44), eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 121 - Ownership and Stewardship of Anthropogenic Carbon Dioxide › Section 121.003. Anthropogenic Carbon Dioxide Storage Trust Fund

Sec. 121.003.  ANTHROPOGENIC CARBON DIOXIDE STORAGE TRUST FUND.  (a)  The anthropogenic carbon dioxide storage trust fund is created as a special fund in the state treasury.
(b)  The anthropogenic carbon dioxide storage trust fund is an interest-bearing fund.  Interest earned on money in the fund shall be deposited to the credit of the fund.
(c)  Fees collected by the commission under Subchapter C-1, Chapter 27, Water Code, penalties imposed for violations of that subchapter or rules adopted under that subchapter, and funds received by the commission from financial responsibility mechanisms under Section 27.073, Water Code, shall be deposited to the credit of the anthropogenic carbon dioxide storage trust fund.
(c-1)  Penalties imposed for violations of commission rules adopted under Section 382.502, Health and Safety Code, shall be deposited to the credit of the anthropogenic carbon dioxide storage trust fund.
(d)  The anthropogenic carbon dioxide storage trust fund may be used by the commission only for:
(1)  permitting, inspecting, monitoring, investigating, recording, and reporting on geologic storage facilities and associated anthropogenic carbon dioxide injection wells;
(2)  long-term monitoring of geologic storage facilities and associated anthropogenic carbon dioxide injection wells;
(3)  remediation of mechanical problems associated with geologic storage facilities and associated anthropogenic carbon dioxide injection wells;
(4)  repairing mechanical leaks at geologic storage facilities;
(5)  plugging abandoned anthropogenic carbon dioxide injection wells used for geologic storage;
(6)  training and technology transfer related to anthropogenic carbon dioxide injection and geologic storage; and
(7)  compliance and enforcement activities related to geologic storage and associated anthropogenic carbon dioxide injection wells.
Redesignated from Natural Resources Code, Chapter 120 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(44), eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 5, eff. June 9, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 121 - Ownership and Stewardship of Anthropogenic Carbon Dioxide › Section 121.004. Extraction of Stored Anthropogenic Carbon Dioxide

Sec. 121.004.  EXTRACTION OF STORED ANTHROPOGENIC CARBON DIOXIDE.  (a)  The commission shall adopt rules allowing anthropogenic carbon dioxide stored in a geologic storage facility to be extracted for a commercial or industrial use.
(b)  The commission has jurisdiction over the extraction of anthropogenic carbon dioxide stored in a geologic storage facility.
Redesignated from Natural Resources Code, Chapter 120 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(44), eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 122 - Treatment and Recycling for Beneficial Use of Fluid Oil and Gas Waste › Section 122.001. Definitions

Sec. 122.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Fluid oil and gas waste" means waste containing salt or other mineralized substances, brine, hydraulic fracturing fluid, flowback water, produced water, or other fluid that arises out of or is incidental to the drilling for or production of oil or gas.
Added by Acts 2013, 83rd Leg., R.S., Ch. 209 (H.B. 2767), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 122 - Treatment and Recycling for Beneficial Use of Fluid Oil and Gas Waste › Section 122.002. Ownership of Fluid Oil and Gas Waste Transferred for Treatment and Subsequent Beneficial Use

Sec. 122.002.  OWNERSHIP OF FLUID OIL AND GAS WASTE TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE.  Unless otherwise expressly provided by an oil or gas lease, a surface use agreement, a contract, a bill of sale, or another legally binding document:
(1)  when fluid oil and gas waste is produced and used by or transferred to a person who takes possession of that waste for the purpose of treating the waste for a subsequent beneficial use, the waste is considered to be the property of the person who takes possession of it for the purpose of treating the waste for subsequent beneficial use until the person transfers the waste or treated waste to another person for disposal or use; and
(2)  when a person who takes possession of fluid oil and gas waste for the purpose of treating the waste for a subsequent beneficial use transfers possession of the treated product or any treatment byproduct to another person for the purpose of subsequent disposal or beneficial use, the transferred product or byproduct is considered to be the property of the person to whom the material is transferred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 209 (H.B. 2767), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 147 (H.B. 3246), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 122 - Treatment and Recycling for Beneficial Use of Fluid Oil and Gas Waste › Section 122.003. Responsibility in Tort

Sec. 122.003.  RESPONSIBILITY IN TORT.  (a) Except as provided by Subsection (b), a person who takes possession of fluid oil and gas waste, produces from that waste a treated product generally considered in the oil and gas industry to be suitable for use in connection with the drilling for or production of oil or gas, and transfers the treated product to another person with the contractual understanding that the treated product will be used in connection with the drilling for or production of oil or gas is not liable in tort for a consequence of the subsequent use of that treated product by the person to whom the treated product is transferred or by another person.
(b)  This section does not affect the liability of a person that treats fluid oil and gas waste for beneficial use in an action brought by a person for damages for personal injury, death, or property damage arising from exposure to fluid oil and gas waste or a treated product.
Added by Acts 2013, 83rd Leg., R.S., Ch. 209 (H.B. 2767), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 122 - Treatment and Recycling for Beneficial Use of Fluid Oil and Gas Waste › Section 122.004. Commission Rules for Treatment and Beneficial Use

Sec. 122.004.  COMMISSION RULES FOR TREATMENT AND BENEFICIAL USE.  (a)  The commission shall adopt rules to govern the treatment and beneficial use of oil and gas waste.
(b)  Rules adopted under this section must:
(1)  encourage fluid oil and gas waste recycling for beneficial purposes; and
(2)  establish standards for the issuance of permits for commercial recycling of fluid oil and gas waste.
(c)  In adopting rules under this section, the commission shall consider previously adopted rules for recycling fluid oil and gas waste.
(d)  Rules adopted under this section for commercial recycling of fluid oil and gas waste must establish:
(1)  minimum siting standards for fluid recycling pits;
(2)  uniform technical, construction, and placement standards;
(3)  uniform standards for estimating closure costs;
(4)  minimum and maximum bonding and financial security amounts based on factors determined by the commission; and
(5)  standards for sampling and analysis of fluid oil and gas waste.
(e)  The commission shall approve or deny an application for a permit issued under rules adopted under this section not later than the 90th day after the date the complete application was received by the commission, unless a protest is filed with the commission, in which case the commission may extend the amount of time to approve or deny the application in order to allow for notice, public comment, and a public hearing on the application.  If the commission does not approve or deny the application before that date, the permit application is considered approved and the applicant may operate under the terms specified in the application for a period of one year.
(f)  An application requesting a variance from the standards adopted under this section must be evaluated and determined to be substantially similar to previous variances approved by the commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 209 (H.B. 2767), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 420 (H.B. 3516), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.001. Definitions

Sec. 123.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Drill cuttings" means bits of rock or soil cut from a subsurface formation by a drill bit during the process of drilling an oil or gas well and lifted to the surface by means of the circulation of drilling mud.  The term includes any associated sand, silt, drilling fluid, spent completion fluid, workover fluid, debris, water, brine, oil scum, paraffin, or other material cleaned out of the wellbore.
(3)  "Permit holder" means a person who holds a permit from the commission to operate a stationary commercial solid oil and gas waste recycling facility or a commercial oil and gas waste disposal facility.
(4)  "Treatment" means a manufacturing, mechanical, thermal, or chemical process other than sizing, shaping, diluting, or sorting.
Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 184 (S.B. 1541), Sec. 1, eff. May 26, 2017.
Acts 2023, 88th Leg., R.S., Ch. 145 (S.B. 502), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.0015. Beneficial Use

Sec. 123.0015.  BENEFICIAL USE.  (a)  For the purposes of this chapter, a use of drill cuttings is considered to be beneficial if the cuttings are used:
(1)  in the construction of oil and gas lease pads or oil and gas lease roads; or
(2)  as part of a legitimate commercial product.
(b)  The commission by rule shall define "legitimate commercial product" for the purposes of this chapter.
(c)  The commission by rule shall adopt criteria for beneficial uses to ensure that a beneficial use of recycled drill cuttings under this chapter is at least as protective of public health, public safety, and the environment as the use of an equivalent product made without recycled drill cuttings.
Added by Acts 2017, 85th Leg., R.S., Ch. 184 (S.B. 1541), Sec. 2, eff. May 26, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.002. Ownership of Drill Cuttings Transferred for Treatment and Subsequent Beneficial Use

Sec. 123.002.  OWNERSHIP OF DRILL CUTTINGS TRANSFERRED FOR TREATMENT AND SUBSEQUENT BENEFICIAL USE.  Unless otherwise expressly provided by a contract, bill of sale, or other legally binding document:
(1)  when drill cuttings are transferred to a permit holder who takes possession of the cuttings for the purpose of treating the cuttings for a subsequent beneficial use, the transferred material is considered to be the property of the permit holder until the permit holder transfers the cuttings or treated cuttings to another person for disposal or use; and
(2)  when a permit holder who takes possession of drill cuttings for the purpose of treating the cuttings for a subsequent beneficial use transfers possession of the treated product or any treatment byproduct to another person for the purpose of subsequent disposal or beneficial use, the transferred product or byproduct is considered to be the property of the person to whom the material is transferred.
Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.003. Responsibility in Tort

Sec. 123.003.  RESPONSIBILITY IN TORT.  Unless otherwise provided by a contract or other written agreement, a person who generates drill cuttings and transfers the drill cuttings in an arm's length transaction to an unaffiliated third-party permit holder under a contract that requires that the drill cuttings be used in connection with road building or another beneficial use or disposed of is not liable in tort for a consequence of the subsequent use or disposal of the drill cuttings by the permit holder or by another person if:
(1)  the person who generates the drill cuttings has the legal and contractual right to transfer the drill cuttings to the permit holder;
(2)  the method and location of the use or disposal are not prohibited by law, contract, or other written agreement; and
(3)  the consequence was caused solely by the permit holder.
Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 145 (S.B. 502), Sec. 2, eff. May 23, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.004. Permit Copy Required

Sec. 123.004.  PERMIT COPY REQUIRED.  A permit holder who takes possession of drill cuttings from the person who generated the drill cuttings shall provide to the generator a copy of the holder's permit.
Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 123 - Treatment and Recycling for Beneficial Use of Drill Cuttings › Section 123.005. Commission Rules, Permits, and Orders for Treatment and Beneficial Use

Sec. 123.005.  COMMISSION RULES, PERMITS, AND ORDERS FOR TREATMENT AND BENEFICIAL USE.  (a) The commission shall adopt rules to govern the treatment and beneficial use of drill cuttings.
(b)  A rule adopted by the commission under this chapter or a permit or order issued by the commission regarding the treatment and beneficial use of drill cuttings must be at least as protective of public health, public safety, and the environment as a rule, permit, or order, respectively, adopted or issued by the commission regarding the disposal of drill cuttings.
Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 184 (S.B. 1541), Sec. 3, eff. May 26, 2017.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter A. General Provisions › Section 131.001. Short Title

Sec. 131.001.  SHORT TITLE.  This chapter may be cited as the Texas Uranium Exploration, Surface Mining, and Reclamation Act.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 305, ch. 141, Sec. 39, eff. May 9, 1979;  Acts 1979, 66th Leg., p. 849, ch. 379, Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter A. General Provisions › Section 131.002. Declaration of Policy

Sec. 131.002.  DECLARATION OF POLICY.  The legislature finds and declares that:
(1)  the extraction of minerals by surface mining operations is a basic and essential activity making an important contribution to the economic well-being of the state and nation;
(2)  proper reclamation of land explored for minerals and surface-mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, and property rights of the citizens of this state;
(3)  surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications for reclamation operations must vary accordingly;
(4)  it is not always possible to explore for or to extract minerals required by our society without disturbing the earth and producing waste materials, and the very character of certain types of surface mining operations occasionally precludes complete restoration of the affected land to its original condition;
(5)  unregulated surface mining may destroy or diminish the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources, which results are declared to be inimical to the public interest and destructive to the public health, safety, welfare, and economy of the State of Texas;
(6)  due to its unique character or location, some land within the state may be unsuitable for all or certain types of surface mining operations;
(7)  reclamation of land explored for minerals and surface-mined land as provided by this chapter will allow the mining of valuable minerals in a manner designed for the protection and subsequent beneficial use of land; and
(8)  the requirements of this chapter for reclamation and maintenance of affected land are necessary for the public health and safety and thus constitute a valid application of the police power of this state.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 849, ch. 379, Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter A. General Provisions › Section 131.003. Purposes

Sec. 131.003.  PURPOSES.  It is declared to be the purpose of this chapter:
(1)  to prevent the adverse effects to society and the environment resulting from unregulated surface mining operations as defined in this chapter;
(2)  to assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface mining operations;
(3)  to assure that surface mining operations are not conducted where reclamation as required by this chapter is not possible;
(4)  to assure that exploration and surface mining operations are conducted in a manner that will prevent unreasonable degradation of land and water resources; and
(5)  to assure that reclamation of all explored land and surface-mined land is accomplished as contemporaneously as practicable with the exploration or surface mining, recognizing that the exploration for and extraction of minerals by responsible operations is an essential and beneficial economic activity.
Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter A. General Provisions › Section 131.005. Reclamation

Sec. 131.005.  RECLAMATION.  (a)  The basic objective of reclamation is to reestablish on a continuing basis, where required, vegetation and other natural conditions consistent with the anticipated subsequent use of the affected land.
(b)  The process of reclamation may require contouring, terracing, grading, backfilling, resoiling, revegetation, compaction and stabilization and settling ponds, water impoundments, diversion ditches, and other water treatment facilities in order to minimize water diminution to existing water sources, pollution, soil and wind erosion, or flooding resulting from mining or any other activity that may be considered necessary to accomplish the reclamation of the land affected to a substantially beneficial condition.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter A. General Provisions › Section 131.006. Exclusions and Exemptions

Sec. 131.006.  EXCLUSIONS AND EXEMPTIONS.  The provisions of this chapter do not apply to the following:
(1)  surface mining operations conducted on public land regulated by the General Land Office if the land is reclaimed in a manner consistent with this chapter;  and
(2)  land on which the overburden has been removed and minerals have been produced before June 21, 1975.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.021. General Authority of Commission

Sec. 131.021.  GENERAL AUTHORITY OF COMMISSION.  In seeking to accomplish the purposes of this chapter, the commission shall have the authority:
(1)  to adopt and amend rules pertaining to exploration, surface mining, and reclamation operations consistent with the general intent and purposes of this chapter;
(2)  to issue permits pursuant to the provisions of this chapter;
(3)  to conduct hearings pursuant to the provisions of this chapter;
(4)  to issue orders requiring an operator to take actions that are necessary to comply with this chapter and with rules adopted under this chapter;
(5)  to issue orders modifying previous orders;
(6)  to issue a final order revoking the permit of an operator who has failed to comply with an order of the commission to take action required by this chapter or rules adopted under this chapter;
(7)  to order the immediate cessation of an ongoing exploration or surface mining operation if the commission finds that the operation creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, and to take other action or make changes in a permit that are reasonably necessary to avoid or alleviate these conditions;
(8)  to hire employees, adopt standards for employment of these persons, and hire and authorize the hiring of outside contractors to assist in carrying out the requirements of this chapter;
(9)  to enter on and inspect, in person or by its agents, an exploration or a surface mining operation that is subject to the provisions of this chapter to assure compliance with the terms of this chapter;
(10)  to conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;
(11)  to prepare reports and to require persons who hold exploration or surface mining permits to prepare reports;
(12)  to collect and disseminate to the public information considered reasonable and necessary for the proper enforcement of this chapter;
(13)  to accept, receive, and administer grants, gifts, loans, or other funds made available from any source for the purposes of this chapter;
(14)  to enter into contracts with state boards and agencies that have pertinent expertise to obtain professional and technical services necessary to carry out the provisions of this chapter; and
(15)  to perform other duties and acts required by and provided for in this chapter.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.022. Jurisdiction of Commission

Sec. 131.022.  JURISDICTION OF COMMISSION.  (a)  The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining and exploration operations in this state, except for in situ recovery processes.
(b)  Except as provided by Section 131.354, the commission has exclusive jurisdiction and is solely responsible for the regulation of all exploration activities.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.023. Commission Procedure

Sec. 131.023.  COMMISSION PROCEDURE.  The commission shall seek the accomplishment of the purposes of this chapter by all practicable methods.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.024. Compliance With Federal Surface Mining Laws

Sec. 131.024.  COMPLIANCE WITH FEDERAL SURFACE MINING LAWS.  (a)  On passage of federal surface mining legislation, the commission shall take actions necessary to establish the exclusive jurisdiction of this state over the regulation of surface mining and reclamation operations.
(b)  If the federal administrative agency disapproves the regulatory program of this state as submitted, the commission shall take all necessary and appropriate action, including making recommendations for remedial legislation, to clarify, alter, or amend the program to comply with the requirements of the federal act.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.025. Hearing Procedure

Sec. 131.025.  HEARING PROCEDURE.  At a hearing under this chapter, the commission may:
(1)  administer oaths or affirmations;
(2)  subpoena witnesses and compel their attendance;
(3)  take evidence;  and
(4)  require production of books, papers, correspondence, memoranda, agreements, or other documents or records that are considered relevant or material to the administration of this chapter.
Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.033. Differing Terms and Provisions of Rules

Sec. 131.033.  DIFFERING TERMS AND PROVISIONS OF RULES.  A rule or an amendment of a rule adopted by the commission may differ in its terms and provisions between particular conditions, particular mining techniques, particular areas of the state, or any other conditions that appear relevant and necessary so long as the action taken is consistent with attainment of the general intent and purposes of this chapter.
Acts 1977, 65th Leg., p. 2612, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 305, ch. 141, Sec. 39, eff. May 9, 1979;  Acts 1979, 66th Leg., p. 849, ch. 379, Sec. 1, eff. June 6, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.034. Exploration Activities

Sec. 131.034.  EXPLORATION ACTIVITIES.  The commission shall promulgate rules governing uranium exploration activity.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.035. Rules Designating Unsuitable Land

Sec. 131.035.  RULES DESIGNATING UNSUITABLE LAND.  (a)  The commission shall develop rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types of surface mining in accordance with Sections 131.036 through 131.041 of this code.
(b)  The rules shall be in sufficient detail to provide reasonable notice to prospective operators of areas that might be designated as unsuitable for surface mining.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.036. Survey of Land

Sec. 131.036.  SURVEY OF LAND.  (a)  When application is made to conduct surface mining operations and before a permit is issued, the commission shall immediately have the areas to be included in the proposed permit surveyed in accordance with the requirements of Sections 131.035 and 131.037 through 131.041 of this code.
(b)  In conducting the survey and in declaring various areas to be unsuitable for mining, the commission shall employ competent and scientifically sound data and information as the basis for objective decisions with respect to each area surveyed.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.037. Commission Statement

Sec. 131.037.  COMMISSION STATEMENT.  Before designating a land area as unsuitable for surface mining operations, the commission shall prepare a detailed statement on the potential mineral and other resources in the area, the demand for these resources, and the impact of the designation on the environment, the economy, and the supply of the mineral.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.038. Reasons for Unsuitable Designation

Sec. 131.038.  REASONS FOR UNSUITABLE DESIGNATION.  After the survey is made, an area may be designated unsuitable for all or certain types of surface mining if:
(1)  the commission determines that reclamation under this chapter is not feasible;
(2)  the operations will result in significant damage to important areas of historic, cultural, or archaeological value or to important natural systems;
(3)  the operations will affect renewable resource land that includes aquifers and aquifer recharge areas, resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products;
(4)  the operations are located in an area subject to frequent flooding or an area that is geologically unstable and may reasonably be expected to endanger life and property;
(5)  the operations will adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild and scenic river area, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archaeological landmark, or city or county park;  or
(6)  the operations would endanger any public road, public building, cemetery, school, church, or similar structure or existing dwelling outside the permit area.
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.039. Petition and Hearing on Designation

Sec. 131.039.  PETITION AND HEARING ON DESIGNATION.  (a)  Any person is entitled to petition the commission to have an area designated as unsuitable for surface mining operations or to have the designation terminated.
(b)  The petition shall include allegations of facts with supporting evidence that in the opinion of the commission would tend to establish the allegations.
(c)  The commission shall make a determination of the validity of the petition, and if the petition is found to be valid, it shall be kept on file by the commission and made available for public inspection.
(d)  On application for a surface mining permit for which a valid petition has been filed, the commission shall hold a public hearing as provided in Section 131.163 of this code in the locality of the proposed mining operation.
(e)  Any person affected may intervene before the public hearing by filing allegations of facts with supporting evidence that would tend to establish the allegations.
(f)  If all the petitioners and the applicant stipulate agreement before the requested hearing, the hearing does not have to be held.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.040. Modifying, Amending, and Terminating Designations

Sec. 131.040.  MODIFYING, AMENDING, AND TERMINATING DESIGNATIONS.  The commission may modify, amend, or terminate a designation pursuant to the requirements of Sections 131.035 through 131.039 of this code.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.041. Applicability of Subchapter

Sec. 131.041.  APPLICABILITY OF SUBCHAPTER.  The provisions of Sections 131.035 through 131.040 of this code do not apply to land on which surface mining operations were being conducted on June 21, 1975.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.042. Records, Reports, Monitoring Equipment, and Information

Sec. 131.042.  RECORDS, REPORTS, MONITORING EQUIPMENT, AND INFORMATION.  The commission shall require each permittee to:
(1)  establish and maintain appropriate records;
(2)  make reports as frequently as the commission may prescribe;
(3)  install, use, and maintain necessary monitoring equipment for observing and determining relevant surface or subsurface effects of the mining operation and reclamation program;  and
(4)  provide other information relative to mining and reclamation operations the commission determines to be reasonable and necessary.
Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.