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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.051. Adoption of Rule or Order

Sec. 85.051.  ADOPTION OF RULE OR ORDER.  If the commission finds at the hearing that waste is taking place or is reasonably imminent, it shall adopt a rule or order in the manner provided by law as it considers reasonably required to correct, prevent, or lessen the waste.
Acts 1977, 65th Leg., p. 2518, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.052. Compliance With Rule or Order

Sec. 85.052.  COMPLIANCE WITH RULE OR ORDER.  From and after the promulgation of a rule or order of the commission, it is the duty of each person affected by the rule or order to comply with it.
Acts 1977, 65th Leg., p. 2518, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.053. Distribution, Proration, and Apportionment of Allowable Production

Sec. 85.053.  DISTRIBUTION, PRORATION, AND APPORTIONMENT OF ALLOWABLE PRODUCTION.  (a)  If a rule or order of the commission limits or fixes in a pool or portion of a pool the production of oil, or the production of gas from wells producing gas only, the commission, on written complaint by an affected party or on its own initiative and after notice and an opportunity for a hearing, shall distribute, prorate, or otherwise apportion or allocate the allowable production among the various producers on a reasonable basis if the commission finds that action to be necessary to:
(1)  prevent waste; or
(2)  adjust the correlative rights and opportunities of each owner of oil or gas in a common reservoir to produce and use or sell the oil or gas as permitted in this chapter.
(b)  When, as provided in Subsection (b) of Section 85.046 or Subsection (b) of Section 86.012 of this code, as amended, the commission has permitted production by commingling oil or gas or oil and gas from multiple stratigraphic or lenticular accumulations of oil or gas or oil and gas, the commission may distribute, prorate, apportion, or allocate the production of such commingled separate multiple stratigraphic or lenticular accumulations of oil or gas or oil and gas as if they were a single pool;  provided, however, that:
(i)  such commingling shall not cause the allocation of allowable production from a well producing from any separate accumulation or accumulations to be less than that which would result from the commission applying the provisions of Section 86.095 of this code to such accumulation or accumulations;  and
(ii)  the allocation of the allowable for such commingled production shall be based on not less than two factors which the Railroad Commission shall take into account as directed by Section 86.089 of this code.
Acts 1977, 65th Leg., p. 2518, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2578, ch. 688, Sec. 1, eff. June 16, 1981;  Acts 1995, 74th Leg., ch. 435, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 346 (S.B. 1175), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.054. Allowable Production of Oil

Sec. 85.054.  ALLOWABLE PRODUCTION OF OIL.  (a)  To prevent unreasonable discrimination in favor of one pool as against another, and on written complaint and proof of such discrimination or if the commission on its own initiative finds such an action to be necessary, the commission may allocate or apportion the allowable production of oil on a fair and reasonable basis among the various pools in the state.
(b)  In allocating or ascertaining the reasonable market demand for the entire state, the reasonable market demand of one pool shall not be discriminated against in favor of another pool.
(c)  The commission may determine the reasonable market demand of the respective pool as the basis for determining the allotments to be assigned to the respective pool so that discrimination may be prevented.
Acts 1977, 65th Leg., p. 2518, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 346 (S.B. 1175), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.058. Commission Inquiry and Determination

Sec. 85.058.  COMMISSION INQUIRY AND DETERMINATION.  From time to time, the commission may inquire into the production, storage, transportation, refining, reclaiming, treating, marketing, and processing of oil and gas, and the reasonable market demand for oil and gas, so that it may determine whether or not waste exists or is imminent or whether the oil and gas conservation laws of this state or the rules and orders of the commission promulgated under those laws are being violated.
Acts 1977, 65th Leg., p. 2519, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 346 (S.B. 1175), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.059. Records

Sec. 85.059.  RECORDS.  Each person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either shall keep in this state accurate records of the amount of oil or gas which such person produced, stored, transported, refined, reclaimed, treated, marketed, or processed and of the source from which the person produced, obtained, or received the oil or gas or the products of either and the disposition made of them.
Acts 1977, 65th Leg., p. 2519, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.060. Sworn Statements and Reports

Sec. 85.060.  SWORN STATEMENTS AND REPORTS.  The commission may require a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either to make and file with the commission sworn statements or reports as to facts within his knowledge or possession pertaining to the reasonable market demand for oil and to the production, storage, transportation, refining, reclaiming, treating, marketing, or processing of oil or gas and the products of either.  The report shall include those facts enumerated in Section 85.059 of this code.
Acts 1977, 65th Leg., p. 2519, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.061. Inspection and Gauging

Sec. 85.061.  INSPECTION AND GAUGING.  The commission may require any well, lease, refinery, plant, tank or storage, pipeline, or gathering line that belongs to or is under the control of a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either to be inspected or gauged by the agents of the commission whenever and as often as and for such periods as the commission considers necessary.
Acts 1977, 65th Leg., p. 2519, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.062. Examination of Books and Records

Sec. 85.062.  EXAMINATION OF BOOKS AND RECORDS.  The commission and its agents and the attorney general and his assistants and representatives may examine the books and records of a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either as often as considered necessary for the purpose of determining the facts concerning matters covered by Sections 85.058 through 85.061 of this code.
Acts 1977, 65th Leg., p. 2520, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.063. Violations by Corporations

Sec. 85.063.  VIOLATIONS BY CORPORATIONS.  (a)  The failure of a corporation chartered under the laws of this state to comply with the provisions of Sections 85.059 through 85.062 of this code and to keep the records required by Section 85.059 of this code in this state or the refusal to permit officers designated in Section 85.062 of this code to inspect and examine the records required by Section 85.059 of this code shall constitute grounds for forfeiture of the corporation's charter rights and privileges and dissolution of its corporate existence.
(b)  The failure of a foreign corporation to comply with the provisions of Sections 85.059 through 85.062 of this code and to keep the records required by Section 85.059 of this code in this state or the refusal to permit officers designated in Section 85.062 of this code to inspect and examine the records required by Section 85.059 of this code shall be grounds for enjoining and forever prohibiting such corporation from doing business in this state.
Acts 1977, 65th Leg., p. 2520, 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 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.064. Action Against Corporation

Sec. 85.064.  ACTION AGAINST CORPORATION.  (a)  If he determines that the public interest requires it, the attorney general shall institute suit or other appropriate action in Travis County for forfeiture of charter rights of a domestic corporation or to enjoin a foreign corporation from doing business in this state when a corporation is deemed guilty of violating the provisions of Sections 85.059 through 85.062 of this code.  The attorney general may take this action on his own motion and without leave or order of any judge or court.
(b)  On judgment against a defendant for violating the provisions of Sections 85.059 through 85.062 of this code, the court may, if in its judgment the public interest requires it, forfeit the charter rights of a defendant domestic corporation or enjoin a defendant foreign corporation from doing business in this state.
Acts 1977, 65th Leg., p. 2520, 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 85 - Conservation of Oil and Gas › Subchapter D. Marginal Wells › Section 85.121. Definitions

Sec. 85.121.  DEFINITIONS.  (a)  In this subchapter, "marginal well" means an oil well that is incapable of producing its maximum capacity of oil except by pumping, gas lift, or other means of artificial lift, and which well so equipped is capable, under normal unrestricted operating conditions, of producing such daily quantities of oil, as provided in this subchapter, that would be damaged, or result in a loss of production ultimately recoverable, or cause the premature abandonment of the well, if its maximum daily production were artificially curtailed.
(b)  As used in Subsection (a), Section 85.121 and Section 85.122 of this code, "gas lift" means gas lift by the use of gas not in solution with oil produced.
Acts 1977, 65th Leg., p. 2520, 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 85 - Conservation of Oil and Gas › Subchapter D. Marginal Wells › Section 85.122. Wells Considered as Marginal Wells

Sec. 85.122.  WELLS CONSIDERED AS MARGINAL WELLS.  Wells that are considered marginal wells include any oil well in this state that is incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift and having:
(1)  when producing from a depth of 2,000 feet or less, a maximum daily capacity for production of 10 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;
(2)  when producing from a horizon deeper than 2,000 feet and less in depth than 4,000 feet, a maximum daily capacity for production of 20 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;
(3)  when producing from a horizon deeper than 4,000 feet and less in depth than 6,000 feet, a maximum daily capacity for production of 25 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;
(4)  when producing from a horizon deeper than 6,000 feet and less in depth than 8,000 feet, a maximum daily capacity for production of 30 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;  or
(5)  when producing from a horizon deeper than 8,000 feet, a maximum daily capacity for production of 35 barrels or less, averaged over the preceding 10 consecutive days of stabilized production.
Acts 1977, 65th Leg., p. 2521, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 325, ch. 73, Sec. 1, eff. May 3, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter D. Marginal Wells › Section 85.123. Curtailment of Marginal Well Production as Waste

Sec. 85.123.  CURTAILMENT OF MARGINAL WELL PRODUCTION AS WASTE.  To artificially curtail the production of a marginal well below the marginal limit as set out in Sections 85.121 through 85.122 of this code before the marginal well's ultimate plugging and abandonment is declared to be waste.
Acts 1977, 65th Leg., p. 2521, 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 85 - Conservation of Oil and Gas › Subchapter D. Marginal Wells › Section 85.124. Rules and Orders Restricting Marginal Wells

Sec. 85.124.  RULES AND ORDERS RESTRICTING MARGINAL WELLS.  No rule or order of the commission or of any other constituted legal authority shall be adopted requiring the restriction of the production of a marginal well.
Acts 1977, 65th Leg., p. 2521, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 85.125.  EFFECT OF OTHER SUBCHAPTERS.  None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, Chapter 2, Acts of the 42nd Legislature, 4th Called Session, 1932, as amended, or Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, authorize or may be construed to limit, modify, or repeal the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2521, 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 85 - Conservation of Oil and Gas › Subchapter F. Rules and Orders of the Commission › Section 85.201. Adoption of Rules and Orders

Sec. 85.201.  ADOPTION OF RULES AND ORDERS.  The commission shall make and enforce rules and orders for the conservation of oil and gas and prevention of waste of oil and gas.
Acts 1977, 65th Leg., p. 2522, 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 85 - Conservation of Oil and Gas › Subchapter F. Rules and Orders of the Commission › Section 85.203. Considerations in Adopting Rules and Orders to Prevent Waste

Sec. 85.203.  CONSIDERATIONS IN ADOPTING RULES AND ORDERS TO PREVENT WASTE.  The commission may consider any or all of the definitions of waste stated in Section 85.046 of this code, whenever the facts, circumstances, or conditions make them applicable, in adopting rules or orders to prevent waste of oil or gas.
Acts 1977, 65th Leg., p. 2523, 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 85 - Conservation of Oil and Gas › Subchapter F. Rules and Orders of the Commission › Section 85.204. Prohibited Rules and Orders

Sec. 85.204.  PROHIBITED RULES AND ORDERS.  The commission is not authorized to adopt a rule or order or to make a determination or holding that any mode, manner, or process of refining oil constitutes waste.
Acts 1977, 65th Leg., p. 2523, 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 85 - Conservation of Oil and Gas › Subchapter F. Rules and Orders of the Commission › Section 85.205. Notice and Hearing

Sec. 85.205.  NOTICE AND HEARING.  No rule or order pertaining to the conservation of oil and gas or to the prevention of waste of oil and gas may be adopted by the commission except after notice and hearing as provided by law.
Acts 1977, 65th Leg., p. 2523, 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 85 - Conservation of Oil and Gas › Subchapter F. Rules and Orders of the Commission › Section 85.206. Emergency Order

Sec. 85.206.  EMERGENCY ORDER.  (a)  If the commission finds an emergency to exist, that in the commission's judgment requires the adoption of an order without giving notice or holding a hearing, the emergency order may be adopted and shall be valid as though notice had been given and a hearing held.
(b)  The emergency order shall remain in force no longer than 15 days from its effective date.
(c)  The emergency order shall expire, in any event, at the time an order relating to the same subject matter and adopted after proper notice and hearing becomes effective.
Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 85.207.  EFFECT OF AMENDMENT, REPEAL, OR EXPIRATION OF A RULE OR ORDER.  The amendment, repeal, or expiration of a rule or order of the commission adopted under the provisions of this chapter that were formerly a part of Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, or the provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, shall not have the effect of releasing or discharging from liability, penalty, or forfeiture any person violating the rule or order before the effective date of the amendment, repeal, or expiration.  Prosecutions and suits for these violations, liabilities, penalties, and forfeitures shall be instituted and proceeded with in all respects as if the rule or order had not been amended or repealed, or had not expired.
Acts 1977, 65th Leg., p. 2523, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.241. Suits by Interested Persons

Sec. 85.241.  SUITS BY INTERESTED PERSONS.  Any interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the waste of oil or gas, and who is dissatisfied with any of these laws or orders, may file suit against the commission or its members in a court of competent jurisdiction in Travis County to test the validity of the law or order.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.242. Expeditious Trial

Sec. 85.242.  EXPEDITIOUS TRIAL.  A suit brought under Section 85.241 of this code shall be advanced for trial and shall be determined as expeditiously as possible.  No postponement or continuance shall be granted except for reasons considered imperative by the court.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.243. Burden of Proof

Sec. 85.243.  BURDEN OF PROOF.  In the trial of a suit brought under Section 85.241 of this code, the burden of proof shall be on the party complaining of the law or order, and the law or order is deemed prima facie valid.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.244. Conditions for Injunctive Relief

Sec. 85.244.  CONDITIONS FOR INJUNCTIVE RELIEF.  No temporary restraining order, temporary or permanent injunction, or other form of injunctive relief may be granted against the commission, its members, agents, and representatives to restrain it or them from enforcing any rule or order adopted by the commission under the oil and gas conservation laws of this state or from enforcing any of these laws unless notice is given to the commission and a hearing is held as provided in this subchapter.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.245. Notice to Commission

Sec. 85.245.  NOTICE TO COMMISSION.  (a)  At the time a petition or application is filed requesting a temporary restraining order or any form of temporary injunctive relief, the clerk of the court in which the petition or application is filed shall issue notice in writing to the commission.
(b)  The notice shall include:
(1)  the docket number;
(2)  the style of the case;  and
(3)  a brief statement of the nature of the suit.
(c)  The notice shall be served on the commission in Travis County by delivering a copy of the citation to the commission, a member of the commission, or the secretary of the commission for the service of other citations.
(d)  Five days after the citation has been served a hearing may be held on the petition or application.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.246. Intervention in Suit

Sec. 85.246.  INTERVENTION IN SUIT.  In the discretion of the court, any person who is interested in the subject matter of the suit may intervene.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.247. Rules and Orders Prima Facie Valid

Sec. 85.247.  RULES AND ORDERS PRIMA FACIE VALID.  The rule or order complained of in the suit is prima facie valid, and the use and introduction of the verified petition of the plaintiff shall not be sufficient to overcome the prima facie validity of the rule or order or to authorize the court to grant any injunctive relief against the enforcement of the rule or order.
Acts 1977, 65th Leg., p. 2524, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.248. Bond

Sec. 85.248.  BOND.  Before an order granting injunctive relief against an oil and gas conservation law, rule, or order of the commission becomes effective, the plaintiff shall be required by the court to execute a bond with good and sufficient sureties in a reasonably sufficient amount determined by the court to indemnify any persons whom the court may find from the facts proven will suffer damage as a result of the violation of the law, rule, or order in question.  The persons shall be named in the order of the judge at the time the amount of the bond is fixed by the court and entered in the record.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.249. Conditions of Bond

Sec. 85.249.  CONDITIONS OF BOND.  (a)  In determining the amount of the bond, the judge shall consider all facts and circumstances surrounding the parties and the ability of the plaintiff to make the bond so that the judge can determine the amount and reasonableness of the bond under the facts and circumstances.
(b)  A bond made or executed by a bonding or surety company shall be by a company authorized to do business in Texas.
(c)  The bond shall be approved by the judge and shall be for the use and benefit of and may be sued on by any person named in the order who suffers damage as a result of violation of the law, rule, or order.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.250. Changing Amount, Parties, and Sureties

Sec. 85.250.  CHANGING AMOUNT, PARTIES, AND SURETIES.  On a motion and for good cause shown, and after notice to the parties, the court periodically may:
(1)  increase or decrease the amount of the bond;
(2)  add new beneficiaries;  and
(3)  require new and additional sureties that the facts may justify.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.251. Suits on Bonds

Sec. 85.251.  SUITS ON BONDS.  A suit on a bond must be instituted within six months from the date of the final determination of the validity in whole or in part of the rule or order.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.252. Inadmissible Evidence

Sec. 85.252.  INADMISSIBLE EVIDENCE.  A finding by the court that any party is likely to suffer damage is not admissible as evidence of damages in a suit on the bond.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.253. Appeal

Sec. 85.253.  APPEAL.  After notice and hearing on an application for injunctive relief, either party to the suit is entitled to appeal the judgment or order granting or refusing the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief or granting or overruling a motion to dissolve the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.254. Appeal Has Precedence

Sec. 85.254.  APPEAL HAS PRECEDENCE.  The appeal is returnable at once to the appellate court and the action appealed shall have precedence in the appellate court over all cases, proceedings, and causes of a different character that are pending.
Acts 1977, 65th Leg., p. 2525, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.255. Early Decision by Court of Appeals

Sec. 85.255.  EARLY DECISION BY COURT OF APPEALS.  The court of appeals shall decide the question in the appeal at as early a date as possible.
Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 800, ch. 291, Sec. 92, eff. Sept. 1, 1981.
Sec. 85.256.  APPEAL PROCEDURES.  The provisions and requirements of Article 4662, Revised Civil Statutes of Texas, 1925, as amended, and Rule 385 of the Texas Rules of Civil Procedure, as amended, relating to temporary injunctions, apply to appeals from any order granting or refusing a temporary restraining order, or granting or overruling a motion to dissolve a temporary restraining order under the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2526, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.257. Certified Questions and Writs of Error

Sec. 85.257.  CERTIFIED QUESTIONS AND WRITS OF ERROR.  (a)  If a question is certified or writ of error requested or granted to the supreme court, the supreme court shall set the cause for hearing immediately and shall decide the cause at as early a date as possible.
(b)  The cause shall have precedence over all other causes, proceedings, and causes of a different character in the court.
Acts 1977, 65th Leg., p. 2526, 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 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.258. Authority of Court of Appeals to Issue Writs

Sec. 85.258.  AUTHORITY OF COURT OF APPEALS TO ISSUE WRITS.  The court of appeals and its judges have the jurisdiction to issue writs of prohibition, mandamus, and injunction to prevent the enforcement of any order or judgment of a trial court or judge who grants any type of injunctive relief without notice and hearing in violation of the requirements of Sections 85.244 and 85.245 of this code.
Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 800, ch. 291, Sec. 93, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter G. Suits Challenging the Validity of Laws and Orders › Section 85.259. Issuance of Writs by Court of Appeals

Sec. 85.259.  ISSUANCE OF WRITS BY COURT OF APPEALS.  If it appears that the provisions of Sections 85.244 and 85.245 of this code have not been complied with, then on proper application from the commission to the court of appeals having jurisdiction, the court shall issue instanter the necessary writs of prohibition, mandamus, or injunction to prohibit and restrain the trial judge from enforcing or attempting to enforce the provisions of the injunction issued by him and to prohibit and restrain the party or parties in whose favor the order is entered from acting or attempting to act under the protection of the order or from violating the law, rule, or order of the commission attacked.
Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 800, ch. 291, Sec. 94, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter H. Receivership › Section 85.291. Request for Receiver

Sec. 85.291.  REQUEST FOR RECEIVER.  If a rule or order of the commission has been finally adjudicated to be valid in whole or part in a suit to which the commission is a party, and if after that time a party to the suit or other proceedings in which the rule or order was declared valid violates the rule, order, or judgment or shall thereafter use or permit to be used any property owned or controlled by him in violation of the rule, order, or judgment, the commission shall make application to the judge of the trial court setting out the rule, order, or judgment and stating that the party subsequent to the date of the judgment violated or is violating the rule, order, or judgment and requesting that a receiver be appointed as provided in this subchapter.
Acts 1977, 65th Leg., p. 2526, 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 85 - Conservation of Oil and Gas › Subchapter H. Receivership › Section 85.292. Appointment of Receiver and Bond

Sec. 85.292.  APPOINTMENT OF RECEIVER AND BOND.  After an application is submitted as provided in Section 85.291 of this code, the judge of the trial court, after notice and hearing, may appoint a receiver of the property involved or used in violation of the rule, order, or judgment and shall set a proper bond for the receiver.
Acts 1977, 65th Leg., p. 2527, 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 85 - Conservation of Oil and Gas › Subchapter H. Receivership › Section 85.293. Duties of Receiver

Sec. 85.293.  DUTIES OF RECEIVER.  As soon as the receiver is qualified, he shall take possession of the property and shall perform his duties as receiver of the property under the orders of the court, strictly observing the rule, order, or judgment.
Acts 1977, 65th Leg., p. 2527, 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 85 - Conservation of Oil and Gas › Subchapter H. Receivership › Section 85.294. Dissolution of Receivership

Sec. 85.294.  DISSOLUTION OF RECEIVERSHIP.  A party whose property is placed in receivership may move to dissolve the receivership and to discharge the receiver on the terms the court may prescribe.
Acts 1977, 65th Leg., p. 2527, 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 85 - Conservation of Oil and Gas › Subchapter I. Damages › Section 85.321. Suit for Damages

Sec. 85.321.  SUIT FOR DAMAGES.  A party who owns an interest in property or production that may be damaged by another party violating the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, or another law of this state prohibiting waste or a valid rule or order of the commission may sue for and recover damages and have any other relief to which he may be entitled at law or in equity.  Provided, however, that in any action brought under this section or otherwise, alleging waste to have been caused by an act or omission of a lease owner or operator, it shall be a defense that the lease owner or operator was acting as a reasonably prudent operator would act under the same or similar facts and circumstances.
Acts 1977, 65th Leg., p. 2527, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 1071, Sec. 1, eff. Aug. 31, 1987.
Sec. 85.322.  PROCEEDINGS NOT TO IMPAIR SUIT FOR DAMAGES.  None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, no suit by or against the commission, and no penalties imposed on or claimed against any party violating a law, rule, or order of the commission shall impair or abridge or delay a cause of action for damages or other relief that an owner of land or a producer of oil or gas, or any other party at interest, may have or assert against any party violating any rule or order of the commission or any judgment under this chapter.
Acts 1977, 65th Leg., p. 2527, 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 85 - Conservation of Oil and Gas › Subchapter J. Injunctions › Section 85.351. Suit for Injunction

Sec. 85.351.  SUIT FOR INJUNCTION.  (a)  If it appears that a person is violating or threatening to violate the provisions of this chapter that were formerly a part of Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, or Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order of the commission adopted under those laws, the commission, through the attorney general, shall bring suit in the name of the state to restrain the violation or threatened violation.
(b)  The suit shall be brought against the person violating or threatening to violate the law, rule, or order in a court of competent jurisdiction in Travis County, in the county in which the violation occurred, or in the county of residence of any defendant.
Acts 1977, 65th Leg., p. 2527, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5255, ch. 967, 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 85 - Conservation of Oil and Gas › Subchapter J. Injunctions › Section 85.352. Types of Court Orders

Sec. 85.352.  TYPES OF COURT ORDERS.  In the suit, the commission in the name of the state may obtain prohibitory and mandatory injunctions, including temporary restraining orders and temporary injunctions, that the facts may warrant.
Acts 1977, 65th Leg., p. 2528, 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 85 - Conservation of Oil and Gas › Subchapter J. Injunctions › Section 85.353. Appointment of Receiver

Sec. 85.353.  APPOINTMENT OF RECEIVER.  (a)  The violation by a person of any injunction granted under the provisions of this subchapter shall be sufficient grounds for appointment by the court of a receiver to take charge of the person's property and to exercise authority that in the judgment of the court is necessary to bring about compliance with the injunction.  The court may appoint the receiver either on its own motion or on motion of the commission in the name of the state.
(b)  No receiver may be appointed until after notice is given and a hearing is held.
(c)  The authority to appoint a receiver is in addition to and cumulative of the authority to punish for contempt.
Acts 1977, 65th Leg., p. 2528, 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 85 - Conservation of Oil and Gas › Subchapter K. Penalties, Imprisonment, and Confinement › Section 85.381. Penalty for Violation of Laws, Rules, and Orders

Sec. 85.381.  PENALTY FOR VIOLATION OF LAWS, RULES, AND ORDERS.  (a)  In addition to being subject to any forfeiture provided by law and to any penalty imposed by the commission for contempt for violation of its rules or orders, any person who violates the provisions of Sections 85.045 and 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order of the commission promulgated under those laws is subject to a penalty of not more than:
(1)  $10,000 when the provision, rule, or order pertains to safety or the prevention or control of pollution;  or
(2)  $1,000 when the provision, rule, or order does not pertain to safety or the prevention or control of pollution.
(b)  The applicable maximum penalty may be assessed for each and every day of violation and for each and every act of violation.
Acts 1977, 65th Leg., p. 2528, 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 85 - Conservation of Oil and Gas › Subchapter K. Penalties, Imprisonment, and Confinement › Section 85.382. Venue

Sec. 85.382.  VENUE.  The penalty provided in Section 85.381 of this code shall be recovered in a court of competent jurisdiction in Travis County, in the county in which the violation occurred, or in the county of the residence of any defendant.
Acts 1977, 65th Leg., p. 2528, 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 85 - Conservation of Oil and Gas › Subchapter K. Penalties, Imprisonment, and Confinement › Section 85.383. Suit

Sec. 85.383.  SUIT.  By direction of the commission, the suit to recover the penalty shall be instituted and conducted in the name of the state by the attorney general or by the county or district attorney in the county in which the suit is brought.
Acts 1977, 65th Leg., p. 2528, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 85.384.  EFFECT OF RECOVERY OR PAYMENT OF PENALTY.  The recovery or payment of the penalty shall not authorize the violation of any provision of Section 85.045 or 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order of the commission adopted under those laws.
Acts 1977, 65th Leg., p. 2528, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 85.385.  PERSONS AIDING OR ABETTING VIOLATION.  Any person who aids or abets any other person in violating Section 85.045 or 85.046 of this code, Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, or any rule or order adopted by the commission under those laws is subject to the same penalties as provided in Section 85.381 of this code.
Acts 1977, 65th Leg., p. 2529, 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 85 - Conservation of Oil and Gas › Subchapter K. Penalties, Imprisonment, and Confinement › Section 85.3855. Administrative Penalty

Sec. 85.3855.  ADMINISTRATIVE PENALTY.  (a)  The commission may impose an administrative penalty on a person who:
(1)  violates Section 91.705 or 91.706 or a rule or order adopted under Section 91.705 or 91.706; or
(2)  knowingly destroys, breaks, removes, or otherwise tampers with, or attempts to destroy, break, remove, or otherwise tamper with, a cap, seal, or other device placed by the commission on an oil well, gas well, oil and gas well, or other associated oil or gas gathering equipment.
(b)  The amount of the penalty may not exceed $10,000 for each violation.  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  efforts to correct the violation;  and
(5)  any other matter that justice may require.
(c)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the commission to contest the affidavit as provided by those rules.
(d)  The attorney general may sue to collect the penalty.
(e)  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code.
(f)  A penalty imposed under this section is in addition to a forfeiture provided by law or a penalty imposed by the commission for contempt for violation of a commission rule or order.
Added by Acts 1999, 76th Leg., ch. 1252, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 2, eff. September 1, 2007.