reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter E. Powers and Duties of the Commission › Section 111.138. Books and Records

Sec. 111.138.  BOOKS AND RECORDS.  The commission may investigate the books and records kept by any common carrier in connection with its business.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter E. Powers and Duties of the Commission › Section 111.139. Reports

Sec. 111.139.  REPORTS.  (a)  The commission shall require each common carrier to make reports including duly verified monthly reports of:
(1)  the total quantities of crude petroleum owned by the common carrier in the state;
(2)  the total quantities of crude petroleum held by the common carrier in storage for others in the state;  and
(3)  the common carrier's unfilled storage capacity.
(b)  The commission shall give no publicity to the stock of crude petroleum on hand of any particular common carrier, but the commission may, in its discretion, make public the aggregate amounts held by all common carriers making reports and their aggregate storage capacity.
(c)  The commission shall require each common carrier to mail, return receipt requested, a copy of all spill or leak reports required by the commission to residents or owners of land upon which a spill or leak has occurred within 30 days of filing the report with the commission.  If a resident or owner of land has not registered with the commission, the common carrier is relieved of the requirement to mail copies of spill or leak reports to the resident or landowner.  The commission shall provide a procedure for residents and owners of land crossed by a common carrier pipeline to voluntarily register their names and mailing addresses with the commission.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 630, Sec. 2, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter E. Powers and Duties of the Commission › Section 111.140. Filing Monthly Statements

Sec. 111.140.  FILING MONTHLY STATEMENTS.  (a)  On or before the 20th day of each calendar month, every common carrier in this state and every public utility shall file with the commission and shall post in a conspicuous place accessible to the general public in its principal office and each of its division offices in this state a statement, duly verified, containing information concerning its business during the preceding calendar month as follows:
(1)  the amount of crude or refined petroleum in the actual and immediate custody of the common carrier or public utility at the beginning and close of the month and the location or holding point of this petroleum, including the location and designation of each plant or place of deposit and the name of its owner;
(2)  the amount of crude or refined petroleum received by the common carrier or public utility during the month;
(3)  the amount of crude or refined petroleum that was delivered by the common carrier or public utility during the month;
(4)  the amount of crude or refined petroleum held by the common carrier or public utility for itself or parent or affiliated organizations;  and
(5)  the available empty storage owned or controlled by the common carrier or public utility and its location.
(b)  The information to be provided under Subsection (a) of this section shall be set out separately as to crude petroleum and each refined product of crude petroleum in each statement.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter E. Powers and Duties of the Commission › Section 111.141. Grades of Oil

Sec. 111.141.  GRADES OF OIL.  (a)  The commission shall make rules for:
(1)  the ascertainment of the amount of water and other foreign matter in oil tendered for transportation;
(2)  deduction for water and other foreign matter;  and
(3)  the amount of deduction to be made for temperature, leakage, and evaporation.
(b)  No common carrier may be required to receive or transport any crude petroleum except that which is marketable under rules prescribed by the commission.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter E. Powers and Duties of the Commission › Section 111.142. Equitable Apportionment of Excessive Amount of Crude Petroleum

Sec. 111.142.  EQUITABLE APPORTIONMENT OF EXCESSIVE AMOUNT OF CRUDE PETROLEUM.  If more crude petroleum is offered for transportation by a common carrier than can be transported immediately, it shall be apportioned equitably, and the commission may make and enforce general or specific rules for equitable apportionment.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.181. Establishing and Promulgating Rates

Sec. 111.181.  ESTABLISHING AND PROMULGATING RATES.  The commission shall establish and promulgate rates of charges for gathering, transporting, loading, and delivering crude petroleum by common carriers in this state and for use of storage facilities necessarily incident to this transportation.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.182. Items Included in Rates

Sec. 111.182.  ITEMS INCLUDED IN RATES.  The rates established and promulgated by the commission shall include both single- and joint-line transportation, deduction for evaporation and shrinkage, demurrage, storage, and overage charges and all other similar items.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.183. Basis for Rate

Sec. 111.183.  BASIS FOR RATE.  The basis of the rates shall be an amount that will provide a fair return on the aggregate value of the property of a common carrier used and useful in the services performed after providing reasonable allowance for depreciation and other factors and for reasonable operating expenses under honest, efficient, and economical management.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.184. Discretion of Commission

Sec. 111.184.  DISCRETION OF COMMISSION.  The commission has reasonable latitude in establishing and adjusting competitive rates.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.185. Temporary Rates

Sec. 111.185.  TEMPORARY RATES.  If a common carrier makes application or files a tariff to establish a new rate on either a new or old line, a temporary rate may be placed into effect immediately on filing the tariff with the commission.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.186. Reparation and Reimbursement

Sec. 111.186.  REPARATION AND REIMBURSEMENT.  If rates have been filed, each shipper who pays these filed rates is entitled to reparation or reimbursement of all excess rates or transportation charges paid over and above the rate that is finally determined on the shipments.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.187. Reimbursement of Excess Charges

Sec. 111.187.  REIMBURSEMENT OF EXCESS CHARGES.  If a rate is filed by a common carrier and complaint against the rate or petition to reduce the rate is filed by a shipper, and the complaint is sustained in whole or part, all shippers who have paid the rates filed by the common carrier are entitled to reparation or reimbursement of all excess transportation charges paid over and above the proper rate as finally determined on all shipments made after the date of the filing of the complaint.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.188. Annual Rate Hearing

Sec. 111.188.  ANNUAL RATE HEARING.  The commission shall hold a general hearing once each year for the purpose of adjusting rates to conform to the basis of rates and charges provided in this subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.189. Hearing and Determination of Rates

Sec. 111.189.  HEARING AND DETERMINATION OF RATES.  If a person at interest files an application for a change in a rate or rates, the commission shall call a hearing and immediately after the hearing shall establish and promulgate a rate or rates in accordance with the basis provided in this subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter F. Rates › Section 111.190. Hearings to Adjust Rates

Sec. 111.190.  HEARINGS TO ADJUST RATES.  On its own motion or on motion of any interested person, the commission shall hold a hearing to adjust, establish, and promulgate a proper rate or rates if it has reason to believe that any rate or rates do not conform to the basis provided in this subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.221. Complaints; Jurisdiction to Hear Complaints

Sec. 111.221.  COMPLAINTS;  JURISDICTION TO HEAR COMPLAINTS.  Any person or the attorney general on behalf of the state may institute proceedings before the commission or apply for a hearing before the commission on any question relating to the enforcement of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code, and the commission has jurisdiction to hear and determine these questions after giving proper notice as provided by law.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.222. Application for Receivership

Sec. 111.222.  APPLICATION FOR RECEIVERSHIP.  If a rule or order promulgated by the commission under Subchapter C, D, or F of this chapter  or Section 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, or 111.140 of this code is found by a court to be valid in whole or part in a suit to which the commission is a party, and if another party to the suit or other proceedings violates the rule, order, or judgment or allows any property owned or controlled by him to be used 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 that the party subsequent to the date of the judgment violated or is violating the rule, order, or judgment and requesting a receiver be appointed as provided in Section 111.223 of this code.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.223. Appointment of Receiver

Sec. 111.223.  APPOINTMENT OF RECEIVER.  On application by the commission and after notice and hearing, the judge of the trial court may appoint a receiver of the property involved in violating the rule, order, or judgment and shall set a proper bond for the receiver.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.224. Duties and Responsibilities of Receiver

Sec. 111.224.  DUTIES AND RESPONSIBILITIES OF RECEIVER.  As soon as the receiver has 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. 2590, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.225. Motion to Dissolve Receivership

Sec. 111.225.  MOTION TO DISSOLVE RECEIVERSHIP.  A party whose property has been placed in the hands of a receiver may move to dissolve the receivership and discharge the receiver only on showing that the party has not wilfully violated nor allowed property owned or controlled by him to be used in violating the rule, order, or judgment or on other good cause shown.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter G. Enforcement › Section 111.226. Bond

Sec. 111.226.  BOND.  (a)  Before dissolving the receivership or discharging the receiver, the court, in its discretion, may require the party applying for the dissolution or discharge to give bond with good and sufficient sureties in an amount to be fixed by the court, sufficient reasonably to indemnify all persons who may suffer damage by reason of the violation of the rule or order judged to be valid.
(b)  In determining the amount of the bond, the judge shall take into consideration all the facts and circumstances surrounding the parties that he considers necessary to determine the reasonableness of the amount of the bond.
(c)  If the bond is made by a bonding or surety company, it shall be made by a company authorized to do business in this state.
(d)  The bond shall be made payable to and be approved by the judge of the court and shall be for the use and benefit of and may be sued on by all persons who suffer damage by reason of any further violation by the party giving the bond and who brings suit on the bond.
(e)  From time to time on motion, the court may increase or decrease the amount of the bond and may require new or additional sureties as the facts may warrant or justify.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 111.227.  PROVISIONS APPLICABLE TO ENFORCEMENT.  The provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, apply in the enforcement of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and 111.140 of this code.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter H. Penalties › Section 111.261. Penalty Recoverable by State

Sec. 111.261.  PENALTY RECOVERABLE BY STATE.  A common carrier under this chapter is subject to a penalty of not less than $100 nor more than $1,000 for each offense, recoverable in the name of the state, if the common carrier:
(1)  violates Section 111.013 through 111.024, 111.134, 111.135, 111.138, 111.139, 111.141, or 111.142 of this code or a valid order of the commission;  or
(2)  fails to perform a duty imposed by Section 111.013 through 111.024, 111.134, 111.135, 111.138, 111.139, 111.141, or 111.142 of this code.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter H. Penalties › Section 111.262. Penalty Recoverable by Aggrieved Party

Sec. 111.262.  PENALTY RECOVERABLE BY AGGRIEVED PARTY.  A common carrier is subject to a penalty of not less than $100 nor more than $1,000 for each offense of unlawful discrimination as defined in Sections 111.015 through 111.017 of this code.  The suit shall be brought in the name of and for the use of the aggrieved person, corporation, or association of persons.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter H. Penalties › Section 111.263. Penalty Recoverable by State and Aggrieved Party

Sec. 111.263.  PENALTY RECOVERABLE BY STATE AND AGGRIEVED PARTY.  (a)  Any person who violates a provision of Subchapter C, D, F, or G of this chapter or Section 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, or 111.140 of this code, a rule promulgated under these subchapters or sections, or an order passed by the commission under these subchapters or sections or one of these rules, on violation, is subject to a penalty of not less than $100 nor more than $1,000 for each offense recoverable in the name of the state in a district court in Travis County.  Each day a violation continues constitutes a separate offense.
(b)  One-half of the penalty may be recovered by and for the use of any person against whom there is an unlawful discrimination as defined in Subchapter D of this chapter, and this suit shall be brought in the name of and for the use of the party or parties aggrieved.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter I. Common Carrier Coal Pipelines › Section 111.301. Certificate Required

Sec. 111.301.  CERTIFICATE REQUIRED.  A person that is a common carrier under Subsection (5), Section 111.002 of this code must apply for and be issued a certificate of public convenience and necessity from the commission pursuant to the commission's authority to issue certificates under Section 111.302 of this code if the commission finds after a hearing that the public convenience and necessity will be served by the construction and operation of the pipeline.
Acts 1977, 65th Leg., p. 2692, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter I. Common Carrier Coal Pipelines › Section 111.302. Commission Authority to Issue Certificates

Sec. 111.302.  COMMISSION AUTHORITY TO ISSUE CERTIFICATES.  (a)  The commission is further authorized, empowered, and directed to issue certificates of public convenience and necessity to pipelines transporting coal in whatever form or mixture for hire in Texas if the commission finds that the public convenience and necessity will be served in that existing facilities will not be able to provide the transportation as economically or efficiently as the proposed pipeline.
(b)  In exercising its powers and duties under this section, the commission may not issue a permit for or attempt to regulate in any manner the condemnation, appropriation, or acquisition of surface or ground water in Texas.
(c)  The commission shall not issue a permit, certificate, or any authority to any applicant whose rates and charges are not regulated by government authority, either state or federal, and that state or federal regulations insure to the public and to the ultimate electric consumer that the contracts, rates, and charges shall be just and reasonable, nondiscriminatory, and offering no preference or advantage to any person, corporation, entity, or group.
(d)  The commission shall not issue a permit, certificate, or any authority to any applicant whose pipeline transporting coal in whatever form unless the pipeline transporting coal in whatever form is to be buried at least 36 inches below the surface, except in such instances in which the commission specifically exempts the 36-inch depth requirement and unless the pipeline transporting coal in whatever form conforms to all applicable state or federal regulations concerning the operation, maintenance, and construction of that same pipeline.
(e)  The commission shall condition the issuance of a certification upon the requirement that the pipeline company shall take no more than 50 feet in width of right-of-way under the power of eminent domain, except for temporary work areas adjacent to the right-of-way and then not to exceed 100 feet in width for the duration of the construction period only;  and provided that any condemnation award granted under this chapter shall take into account the damages to the remainder caused by the exercise of eminent domain for the temporary work areas.
Acts 1977, 65th Leg., p. 2693, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter I. Common Carrier Coal Pipelines › Section 111.303. Certification Procedure

Sec. 111.303.  CERTIFICATION PROCEDURE.  (a)  The coal pipeline applicant shall publish, in accordance with regulations promulgated by the commission and existing law, a notice that it has filed an application for a certificate of public convenience and necessity under this Act in a newspaper of general circulation in each county in which the project will be located.  The notice shall, among other things, specify to the extent practicable the land which would be subject to the power of eminent domain.
(b)  The commission shall then conduct public hearings in areas of the state along the prospective pipeline right-of-way as it shall determine shall be necessary to give property owners an opportunity to be heard.  The commission is vested with authority to alter the right-of-way to meet with local objections.
Acts 1977, 65th Leg., p. 2693, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter I. Common Carrier Coal Pipelines › Section 111.304. Transportation Contract

Sec. 111.304.  TRANSPORTATION CONTRACT.  No common carrier pipeline transporting coal in whatever form shall contract or otherwise agree to transport coal for a term in excess of three years without prior approval of that contract or agreement by the commission which approval shall be given on determination that the contract or agreement is in the public interest in which case the contract or agreement shall be enforceable.
Acts 1977, 65th Leg., p. 3693, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter I. Common Carrier Coal Pipelines › Section 111.305. Other Agencies

Sec. 111.305.  OTHER AGENCIES.  (a)  The commission shall seek and act on the recommendations of the Texas Natural Resource Conservation Commission, the Governor's Energy Advisory Council, or their successors responsible for environmental determinations and shall specify the proper use and disposal of nondischargeable water.
(b)  Neither the authority conveyed to the commission by this subchapter to issue certificates and to promulgate rules governing pipelines transporting coal in whatever form nor the powers and duties conveyed on those pipelines by this chapter shall affect, diminish, or otherwise limit the jurisdiction and authority of the Texas Natural Resource Conservation Commission to regulate by applicable rules the acquisition, use, control, disposition, and discharge of water or water rights in Texas.
Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 3, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.272, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.401. Definition

Sec. 111.401.  DEFINITION.  In this subchapter, "well wastewater" means water containing salt or other substances produced during drilling or operating oil and other types of wells.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.402. Creation of Well Wastewater Corporation

Sec. 111.402.  CREATION OF WELL WASTEWATER CORPORATION.  A well wastewater corporation may be created to gather, store, and impound well wastewater and to prevent the flow of the well wastewater into a stream when the stream may be used for irrigation.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.403. Corporation Powers

Sec. 111.403.  CORPORATION POWERS.  In addition to the general powers conferred to a private corporation, a well wastewater corporation may acquire, own, and operate a ditch, canal, pipeline, levee, or reservoir, and an associated appliance as appropriate to gather, impound, or store well wastewater and to protect a reservoir from inflow or damage by surface water.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.404. Condemnation

Sec. 111.404.  CONDEMNATION.  (a)  A well wastewater corporation may condemn land or a property right necessary for a purpose of the corporation.
(b)  A well wastewater corporation's ditch, canal, or pipeline may cross under a highway, canal, pipeline, railroad, or tram or logging road if the use of the highway, canal, pipeline, railroad, or tram or logging road is not impaired except for the time necessary to construct the crossing.
(c)  Without the consent of the appropriate authority, a well wastewater corporation's ditch, canal, or pipeline may not:
(1)  pass through a cemetery;
(2)  pass under a residence or public building;  or
(3)  cross a street or alley of a municipality.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.405. Service to Well Wastewater Producers

Sec. 111.405.  SERVICE TO WELL WASTEWATER PRODUCERS.  (a)  A well wastewater corporation shall serve all well wastewater producers in the area in which the corporation operates to the extent the corporation has adequate facilities to gather, impound, and store well wastewater.
(b)  A well wastewater corporation:
(1)  shall serve a well wastewater producer in proportion to the needs of all of the producers in the area;
(2)  shall charge a fair and reasonable fee for its services;  and
(3)  may not discriminate between different producers under similar conditions.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 111 - Common Carriers, Public Utilities, and Common Purchasers › Subchapter J. Well Wastewater Corporation › Section 111.406. Ownership of Stock

Sec. 111.406.  OWNERSHIP OF STOCK.  A corporation interested in the proper disposition of well wastewater may purchase, own, or vote stock in a well wastewater corporation.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter A. General Provisions › Section 112.001. Definitions

Sec. 112.001.  DEFINITIONS.  In this chapter:
(1)  "Pipeline equipment" means all pipe, fittings, pumps, telephone and telegraph lines, and all other material and equipment used as part of or incident to the construction, maintenance, and operation of a pipeline for the transportation of oil, gas, water, or other liquid or gaseous substance.
(2)  "Oil and gas equipment" means equipment and materials that are part of or incident to the exploration, development, maintenance, and operation of oil and gas properties and includes equipment and materials that are part of or incident to the construction, maintenance, and operation of oil and gas wells, oil and gas leases, gasoline plants, and refineries.
(3)  "Used materials" means pipeline equipment or oil and gas equipment after the equipment has once been placed in the use for which it first was manufactured and intended.
(4)  "Dealer" means every person whose primary business is buying, selling, or otherwise dealing in used materials and who has a fixed, designated place or places of business within the state.
(5)  "Broker" means every person whose primary business is buying, selling, or otherwise dealing in used materials as agent for the seller of the used materials, or as agent for the buyer of the used materials, or as agent for both.
(6)  "Peddler" means every person who is not a dealer or broker and whose primary business is buying, selling, or otherwise dealing in used materials.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2339, ch. 573, Sec. 1, eff. Aug. 31, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter A. General Provisions › Section 112.002. Applicability

Sec. 112.002.  APPLICABILITY.  The provisions of this chapter shall not apply if the reasonable market value of the purchase made is less than $25.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter B. Sale of Used Equipment › Section 112.011. Bill of Sale

Sec. 112.011.  BILL OF SALE.  Before purchasing or acquiring by exchange used materials, a dealer, broker, or peddler shall require that a bill of sale for the used materials be executed by the seller or the person who exchanges the materials.  The dealer, broker, or peddler shall keep a copy of each bill of sale at his place of business.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2339, ch. 573, Sec. 2, eff. Aug. 31, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter B. Sale of Used Equipment › Section 112.012. Required Information

Sec. 112.012.  REQUIRED INFORMATION.  (a)  The bill of sale shall include:
(1)  the name and address of the dealer, broker, or peddler;
(2)  the serial number, if any;
(3)  the kind, make, size, weight, length, and quantity of the used materials purchased or acquired by exchange;
(4)  the date of the purchase or acquisition by exchange, if different from the date of the bill of sale;
(5)  the name and address of the seller or person who exchanged the materials;
(6)  the place of location of the property at the time purchased or acquired by exchange;
(7)  the license number of each motor vehicle used in transporting a purchased or exchanged item to the dealer's, broker's, or peddler's place of business;  and
(8)  the driver's license number of the seller or person who exchanged the materials.
(b)  A dealer, broker, or peddler under this chapter shall keep at his regular place of business all records required to be kept by this chapter for two years after the date of the purchase or acquisition by exchange of the materials.
Acts 1977, 65th Leg., p. 2592, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2340, ch. 573, Sec. 3, eff. Aug. 31, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter C. Enforcement; Penalty › Section 112.031. Injunctive Relief

Sec. 112.031.  INJUNCTIVE RELIEF.  In the name and on behalf of the State of Texas, the attorney general or any district attorney or county attorney in this state may enjoin a dealer, peddler, or broker from continuing in business in this state as a dealer, peddler, or broker on violation of any of the provisions of this chapter.
Acts 1977, 65th Leg., p. 2593, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter C. Enforcement; Penalty › Section 112.032. Criminal Penalty

Sec. 112.032.  CRIMINAL PENALTY.  A person, dealer, peddler, or broker who violates any of the provisions of this chapter is guilty of a misdemeanor and on conviction is subject to a fine of not less than $500 for each violation.
Acts 1977, 65th Leg., p. 2593, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2340, ch. 573, Sec. 4, eff. Aug. 31, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 112 - Used Oil Field Equipment Dealers › Subchapter C. Enforcement; Penalty › Section 112.033. Inspection

Sec. 112.033.  INSPECTION.  (a)  Any Texas Ranger or other officer commissioned by the Department of Public Safety, any sheriff or deputy sheriff, or any municipal police officer may enter the business premises of a dealer, broker, or peddler under this chapter during normal business hours to inspect the premises and the records of the dealer, broker, or peddler to determine whether the dealer, broker, or peddler is in compliance with this chapter.
(b)  A dealer, broker, or peddler under this chapter must allow and shall not interfere with inspections conducted pursuant to this chapter.
(c)  Each inspection conducted under this chapter shall be commenced and completed with reasonable promptness and shall be conducted in a reasonable manner.
Added by Acts 1981, 67th Leg., p. 2340, ch. 573, Sec. 5, eff. Aug. 31, 1981.  Amended by Acts 1983, 68th Leg., p. 4526, ch. 741, Sec. 3, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter A. General Provisions › Section 113.001. Title

Sec. 113.001.  TITLE.  This chapter may be cited as the Liquefied Petroleum Gas Code or LPG Code.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter A. General Provisions › Section 113.003. Exceptions

Sec. 113.003.  EXCEPTIONS.  (a)  None of the provisions of this chapter apply to:
(1)  the production, refining, or manufacture of LPG;
(2)  the storage, sale, or transportation of LPG by pipeline or railroad tank car by a pipeline company, producer, refiner, or manufacturer;
(3)  equipment used by a pipeline company, producer, refiner, or manufacturer in a producing, refining, or manufacturing process or in the storage, sale, or transportation by pipeline or railroad tank car;
(4)  any deliveries of LPG to another person at the place of production, refining, or manufacturing;
(5)  underground storage facilities other than LP-gas containers designed for underground use;
(6)  any LP-gas container having a water capacity of one gallon or less, or to any LP-gas piping system or appliance attached or connected to such container;  or
(7)  a railcar loading rack used by a pipeline company, producer, refiner, or manufacturer.
(b)  Nothing in Subsection (a) of this section shall be construed to exempt truck loading racks from the jurisdiction of the commission under this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 1991, 72nd Leg., ch. 725, Sec. 2, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1016, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 239, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter B. Administrative Provisions › Section 113.011. Regulation of Liquefied Petroleum Gas Activities

Sec. 113.011.  REGULATION OF LIQUEFIED PETROLEUM GAS ACTIVITIES.  The commission shall administer and enforce the laws of this state and the rules and standards of the commission relating to liquefied petroleum gas.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter B. Administrative Provisions › Section 113.014. Employees

Sec. 113.014.  EMPLOYEES.  Sufficient employees shall be provided for the enforcement of this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter B. Administrative Provisions › Section 113.015. Funds for Financing Regulation of Lpg Activities

Sec. 113.015.  FUNDS FOR FINANCING REGULATION OF LPG ACTIVITIES.  The commission shall look only to the revenue derived from the operation of this chapter and appropriated by the legislature for expenses of regulating liquefied petroleum gas activities and administering this chapter.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 1991, 72nd Leg., ch. 725, Sec. 3, eff. Aug. 26, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter C. Rules and Standards › Section 113.051. Adoption of Rules and Standards

Sec. 113.051.  ADOPTION OF RULES AND STANDARDS.  Except as provided in Section 113.003 of this code, the commission shall promulgate and adopt rules or standards or both relating to any and all aspects or phases of the LPG industry that will protect or tend to protect the health, welfare, and safety of the general public.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter C. Rules and Standards › Section 113.0511. Limitations on Rulemaking Authority

Sec. 113.0511.  LIMITATIONS ON RULEMAKING AUTHORITY.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a licensee except to prohibit false, misleading, or deceptive practices.
(b)  In its rules to prohibit false, misleading, or deceptive practices, the commission may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a licensee's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the licensee;  or
(4)  restricts the licensee's advertisement under a trade name.
Added by Acts 1983, 68th Leg., p. 1168, ch. 263, Sec. 6, eff. Sept. 1, 1983.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 35, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter C. Rules and Standards › Section 113.052. Adoption of National Codes

Sec. 113.052.  ADOPTION OF NATIONAL CODES.  The commission may adopt by reference, in whole or in part, the published codes of the National Board of Fire Underwriters, the National Fire Protection Association, the American Society for Mechanical Engineers, and other nationally recognized societies or any one or more of these codes as standards to be met in the design, construction, fabrication, assembly, installation, use, and maintenance of containers, tanks, appliances, systems, and equipment for the transportation, storage, delivery, use, and consumption of LPG or any one or more of these purposes.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter C. Rules and Standards › Section 113.053. Effect on Certain Containers

Sec. 113.053.  EFFECT ON CERTAIN CONTAINERS.  Rules, standards, and codes adopted pursuant to Sections 113.051 through 113.052 of this code do not apply to containers used in accordance with and subject to the regulations of the United States Department of Transportation or to containers that are owned or used by the United States government.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter C. Rules and Standards › Section 113.054. Effect on Other Law

Sec. 113.054.  EFFECT ON OTHER LAW.  The rules and standards promulgated and adopted by the commission under Section 113.051 preempt and supersede any ordinance, order, or rule adopted by a political subdivision of this state relating to any aspect or phase of the liquefied petroleum gas industry.  A political subdivision may petition the commission's executive director for permission to promulgate more restrictive rules and standards only if the political subdivision can prove that the more restrictive rules and standards enhance public safety.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1020 (H.B. 2663), Sec. 1, eff. September 1, 2011.