reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.164. Continuous Violation

Sec. 134.164.  CONTINUOUS VIOLATION.  (a)  The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if, after an inspection:
(1)  the commission has reason to believe that a pattern of violations of this chapter or of permit conditions required by this chapter exists or has existed;  and
(2)  the commission or its authorized representative finds that the violations are:
(A)  caused by the unwarranted failure of the permit holder to comply with this chapter or the permit conditions;  or
(B)  wilfully caused by the permit holder.
(b)  The order shall set a time, place, and date for a public hearing.  The hearing is of record and is subject to Chapter 2001, Government Code.
(c)  The commission shall promptly suspend or revoke the permit if the permit holder does not show cause why the permit should not be suspended or revoked.
(d)  The permit holder shall immediately stop surface coal mining operations on the permit area and shall complete reclamation within a time specified by the commission if the commission revokes the permit.  The commission shall declare the performance bonds for the operation forfeited if the permit holder fails to comply with this subsection.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.165. Form of Notice or Order

Sec. 134.165.  FORM OF NOTICE OR ORDER.  (a)  A notice or order issued under Section 134.161, 134.162, or 134.164 shall:
(1)  state with reasonable specificity the nature of the violation and the remedial action required;
(2)  state the time established for abatement;  and
(3)  reasonably describe the part of the surface coal mining and reclamation operation to which the notice or order applies.
(b)  The commission or its authorized representative shall promptly give the notice or order to the permit holder or the permit holder's agent.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.166. Modification, Vacation, or Termination of Notice of Order

Sec. 134.166.  MODIFICATION, VACATION, OR TERMINATION OF NOTICE OF ORDER.  The commission or its authorized representative may modify, vacate, or terminate a notice or order issued under Section 134.161, 134.162, or 134.164.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.167. Expiration of Notice or Order

Sec. 134.167.  EXPIRATION OF NOTICE OR ORDER.  If a notice or order issued under Section 134.161, 134.162, or 134.164 requires the operator to stop mining, the notice or order expires not later than the 30th day after the date of actual notice to the operator unless a public hearing is held at or reasonably near the site so that the site can be viewed during the hearing.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.168. Application for Commission Review of Notice or Order

Sec. 134.168.  APPLICATION FOR COMMISSION REVIEW OF NOTICE OR ORDER.  (a)  A permit holder to whom the commission issues a notice or order under Section 134.161 or 134.162 or an affected person may apply to the commission for review of the notice or order not later than the 30th day after the date of receipt of the notice or order or the date the notice or order is modified, vacated, or terminated.
(b)  The filing of an application for review under this section does not stay a notice or order.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.169. Investigation and Hearing on Application for Review

Sec. 134.169.  INVESTIGATION AND HEARING ON APPLICATION FOR REVIEW.  (a)  On receipt of an application filed under Section 134.168, the commission shall investigate as it considers appropriate.
(b)  The investigation shall provide an opportunity for a public hearing, at the request of the applicant or the affected person, to enable the applicant or the person to present information relating to the issuance and continuance of the notice or order or the modification, vacation, or termination of the notice or order.
(c)  The permit holder and other affected persons shall be given written notice of the time and place of the hearing not later than the sixth day before the date of the hearing.
(d)  The hearing is of record and is subject to Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.170. Commission Findings and Decision

Sec. 134.170.  COMMISSION FINDINGS AND DECISION.  (a)  On receiving the investigation report, the commission shall:
(1)  make findings of fact;  and
(2)  issue a written decision incorporating:
(A)  its findings;  and
(B)  an order vacating, affirming, modifying, or terminating:
(i)  the notice or order;  or
(ii)  the modification, vacation, or termination of the notice or order.
(b)  If the application for review concerns a cessation order issued under Section 134.161 or 134.162, the commission shall issue the written decision not later than the 30th day after the date it receives the application for review unless it grants temporary relief under Section 134.171.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.171. Request for Temporary Relief

Sec. 134.171.  REQUEST FOR TEMPORARY RELIEF.  (a)  Before the investigation and hearing required by Section 134.169 are completed, the applicant may file with the commission a written request that the commission grant temporary relief from a notice or order issued under Section 134.161 or 134.162, together with a detailed statement giving reasons for granting the relief.
(b)  The commission shall promptly issue an order or decision granting or denying the relief.  If the applicant requests relief from a cessation order issued under Section 134.161 or 134.162, the order or decision on the request shall be issued not later than the fifth day after the date the request is received.
(c)  The commission may grant the relief, under conditions prescribed by the commission, if:
(1)  a hearing has been held:
(A)  in the locality of the permit area on the request for temporary relief;  and
(B)  in which all parties have had an opportunity to be heard;
(2)  the applicant shows that there is a substantial likelihood that the findings of the commission will favor the applicant;  and
(3)  the relief will not:
(A)  adversely affect the health or safety of the public;  or
(B)  cause significant, imminent environmental harm to land, air, or water resources.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review

Sec. 134.172.  ASSESSMENT OF COSTS INCURRED IN ADMINISTRATIVE PROCEEDING OR JUDICIAL REVIEW.  (a)  If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter, the commission may, on request of any person, assess against the person to whom the order is issued or the commission the costs and expenses, including attorney's fees, that the commission determines the requestor reasonably incurred in connection with the requestor's participation in the action or proceeding.
(b)  If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter and the commission's decision is appealed, the court may, on request of any person, assess against the person to whom the order is issued or the commission the costs and expenses, including attorney's fees, that the commission determines the requestor reasonably incurred in connection with the requestor's participation in judicial review of the action or proceeding.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.173. Civil Action

Sec. 134.173.  CIVIL ACTION.  (a)  The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order, if the permit holder:
(1)  violates, fails, or refuses to comply with an order or decision issued by the commission under this chapter;
(2)  interferes with, hinders, or delays the commission or its authorized representative in carrying out Sections 134.161 through 134.172;
(3)  refuses to admit an authorized representative to the mine;
(4)  refuses to allow an authorized representative to inspect the mine;
(5)  refuses to furnish information or a report requested by the commission under the commission's rules;  or
(6)  refuses to allow access to and copying of records the commission determines reasonably necessary to carry out this chapter.
(b)  The action shall be brought in a district court in Travis County or in the county in which the greater part of the surface mining and reclamation operation is located.
(c)  The court has jurisdiction to provide appropriate relief.
(d)  Relief granted by the court to enforce Subsection (a)(1) continues in effect until the earlier of the date on which:
(1)  all proceedings for review of the order are completed or finally terminated;  or
(2)  the court sets aside or modifies the order.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter

Sec. 134.174.  ADMINISTRATIVE PENALTY FOR VIOLATION OF PERMIT CONDITION OF THIS CHAPTER.  (a)  The commission may assess an administrative penalty against a person who violates a permit condition or this chapter.  The commission shall assess an administrative penalty if the violation leads to the issuance of a cessation order.
(b)  The penalty may not exceed $10,000 for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.
(c)  In determining the amount of the penalty, the commission shall consider:
(1)  the person's history of violations at the particular surface coal mining operation;
(2)  the seriousness of the violation, including:
(A)  any irreparable harm to the environment;  and
(B)  any hazard to the health or safety of the public;
(3)  whether the person was negligent;  and
(4)  the demonstrated good faith of the person in attempting to comply rapidly after notification of the violation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 431 (S.B. 1667), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.175. Penalty Assessment Procedure

Sec. 134.175.  PENALTY ASSESSMENT PROCEDURE.  (a)  The commission may assess an administrative penalty under Section 134.174 only after giving the person charged with a violation an opportunity for a public hearing.
(b)  If a public hearing is held, the commission shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty.  The decision shall incorporate, if appropriate, an order to pay the penalty.
(c)  If appropriate, the commission shall consolidate the hearing with other proceedings under Sections 134.161 through 134.173.  A hearing under this section is of record and is subject to Chapter 2001, Government Code.
(d)  If the person does not take the opportunity for a public hearing, the commission may assess an administrative penalty after determining that a violation has occurred and the amount of the penalty.  The commission shall then issue an order to pay the penalty.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.176. Payment of Penalty; Refund

Sec. 134.176.  PAYMENT OF PENALTY;  REFUND.  (a)  Not later than the 30th day after the date the commission issues a notice or order charging that a violation of this chapter has occurred, the commission shall inform the person charged of the proposed amount of the penalty.
(b)  Not later than the 30th day after the date the person is informed under Subsection (a), the person shall:
(1)  pay the proposed penalty in full;  or
(2)  forward the proposed amount to the commission for placement in an escrow account if the person wishes to contest the amount of the penalty or the fact of the violation.
(c)  If administrative or judicial review of the proposed penalty determines that a violation did not occur or that the amount of the penalty should be reduced, the commission, not later than the 30th day after the date of the determination, shall remit the appropriate amount to the person, with interest at the prevailing United States Department of the Treasury rate.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.177. Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued

Sec. 134.177.  ADMINISTRATIVE PENALTY FOR FAILING TO CORRECT VIOLATION FOR WHICH CITATION HAS BEEN ISSUED.  (a)  The commission shall assess a person who does not correct a violation for which a citation has been issued under Section 134.161 within the time permitted for its correction an administrative penalty of not less than $750 for each day the violation continues after that time.
(b)  If the person initiates a review proceeding in which the commission orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements, the period during which the person must correct the violation before the commission may impose an administrative penalty under this section expires when the commission enters a final order.
(c)  If the person initiates a review proceeding in which a court orders the suspension of an abatement requirement of the citation, the period during which the person must correct the violation before the commission may impose an administrative penalty under this section expires when the court enters an order.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.178. Recovery of Administrative Penalty

Sec. 134.178.  RECOVERY OF ADMINISTRATIVE PENALTY.  The attorney general at the request of the commission may bring a civil action to recover an administrative penalty owed under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.179. Criminal Penalty for Wilful and Knowing Violation

Sec. 134.179.  CRIMINAL PENALTY FOR WILFUL AND KNOWING VIOLATION.  (a)  A person commits an offense if the person wilfully and knowingly violates a condition of a permit issued under this chapter or does not comply with an order issued under this chapter, except an order incorporated in a decision issued by the commission under Section 134.175.
(b)  An offense under this section is punishable by:
(1)  a fine of not more than $10,000;
(2)  imprisonment for not more than one year;  or
(3)  both the fine and the imprisonment.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.180. Criminal Penalty for False Statement, Representation, or Certification

Sec. 134.180.  CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION.  (a)  A person commits an offense if the person knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification, in an application, record, report, or other document filed or required to be maintained under this chapter or under an order of decision issued by the commission under this chapter.
(b)  An offense under this section is punishable by:
(1)  a fine of not more than $10,000;
(2)  imprisonment for not more than one year;  or
(3)  both the fine and the imprisonment.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.181. Penalty for Director, Officer, or Agent of Corporation

Sec. 134.181.  PENALTY FOR DIRECTOR, OFFICER, OR AGENT OF CORPORATION.  (a)  If a corporation violates a condition of a permit issued under this chapter or does not comply with an order issued under Section 134.161, 134.162, 134.164, 134.166, 134.170, 134.171, 134.172, or 134.173 or an order incorporated in a final decision issued by the commission under this chapter, a director, officer, or agent of the corporation who wilfully and knowingly authorized, ordered, or carried out the violation or noncompliance is subject to the same administrative penalties, fines, and imprisonment that may be imposed under Sections 134.174 and 134.179.
(b)  Subsection (a) does not apply to the violation of an order incorporated in a decision issued by the commission under Section 134.175.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.182. Citizen Suit

Sec. 134.182.  CITIZEN SUIT.  (a)  Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against:
(1)  the commission if the person alleges the commission did not perform a nondiscretionary act under this chapter;
(2)  a state governmental instrumentality or agency if the person alleges the instrumentality or agency is violating this chapter or a rule, order, or permit adopted or issued under this chapter;  or
(3)  any other person if the person alleges the other person is violating a rule, order, or permit adopted or issued under this chapter.
(b)  A person who is injured or whose property is damaged by a permit holder's violation of a rule, order, or permit adopted or issued under this chapter may bring an action for damages, including reasonable attorney's and expert witness's fees.
(c)  Subsection (b) does not affect the rights established by or limits imposed under the workers' compensation laws of this state.
(d)  A person may not bring an action under Subsection (a)(2) or (3) if the state has brought and is diligently prosecuting a civil action in state or federal court to require compliance with this chapter or a rule, order, or permit adopted or issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.183. Notice to Commission Before Bringing Suit; Suit by State

Sec. 134.183.  NOTICE TO COMMISSION BEFORE BRINGING SUIT;  SUIT BY STATE.  (a)  A person must give written notice to the commission of an action under Section 134.182(a)(1) not later than the 61st day before the date the person brings the action.
(b)  The person must give notice under Subsection (a) as prescribed by commission rule.
(c)  The person may bring the action immediately after notifying the commission if the violation or order complained of:
(1)  constitutes an imminent threat to the health or safety of the person;  or
(2)  would immediately affect a legal interest of the person.
(d)  A person must give written notice of the violation to the commission and any alleged violator not later than the 61st day before the date the person brings an action under Section 134.182(a)(2) or (3).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.184. Venue

Sec. 134.184.  VENUE.  A person may bring an action under Section 134.182 only in the judicial district in which the surface coal mining operation complained of is located.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.185. Intervention by Commission

Sec. 134.185.  INTERVENTION BY COMMISSION.  The commission may intervene as a matter of right in an action brought under Section 134.182.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.186. Costs of Suit; Filing of Bond

Sec. 134.186.  COSTS OF SUIT;  FILING OF BOND.  (a)  In issuing a final order in an action brought under Section 134.182(a), a court may award a party litigation costs, including attorney's and expert witness's fees, if the court determines the award is appropriate.
(b)  The court may require a person to file a bond or equivalent security in accordance with the Texas Rules of Civil Procedure if the person seeks a temporary restraining order or preliminary injunction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.187. Rights Under Other Law

Sec. 134.187.  RIGHTS UNDER OTHER LAW.  Sections 134.182 through 134.186 do not restrict any right a person or class of persons may have under a statute or common law to seek enforcement of this chapter and rules adopted under this chapter or to seek other relief, including relief against the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter H. Enforcement › Section 134.188. Defense

Sec. 134.188.  DEFENSE.  It is a defense to a civil or criminal penalty under this chapter that a person allegedly conducting an iron ore or iron ore gravel mining and reclamation operation in violation of this chapter has a written general warranty of ownership of land, separate from any lease, from the person authorizing the operation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter A. General Provisions › Section 141.001. Short Title

Sec. 141.001.  SHORT TITLE.  This chapter may be cited as the Geothermal Resources Act of 1975.
Acts 1977, 65th Leg., p. 2640, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter A. General Provisions › Section 141.002. Declaration of Policy

Sec. 141.002.  DECLARATION OF POLICY.  It is declared to be the policy of the State of Texas that:
(1)  the rapid and orderly development of geothermal energy and associated resources located within the State of Texas is in the interest of the people of the State of Texas;
(2)  in developing the state's geothermal energy and associated resources, the primary purpose is to provide a dependable supply of energy in an efficient manner that avoids waste of the energy resources;
(3)  consideration shall be afforded to protection of the environment, to protection of correlative rights, and to conservation of natural resources by all agencies and officials of the State of Texas involved in directing and prescribing rules or orders governing the exploration, development, and production of geothermal energy and associated resources and by-products in Texas;
(4)  since geopressured geothermal resources in Texas are an energy resource system, and since an integrated development of components of the resources, including recovery of the energy of the geopressured water without waste, is required for best conservation of these natural resources of the state, all of the resource system components, as defined in this chapter, shall be treated and produced as mineral resources;  and
(5)  in making the declaration of policy in Subdivision (4) of this section, there is no intent to make any change in the substantive law of this state, and the purpose is to restate the law in clearer terms to make it more accessible and understandable.
Acts 1977, 65th Leg., p. 2640, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 394, ch. 185, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter A. General Provisions › Section 141.003. Definitions

Sec. 141.003.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Board" means the School Land Board.
(3)  "Commissioner" means the Commissioner of the General Land Office.
(4)  "Geothermal energy and associated resources" means:
(A)  products of geothermal processes, embracing indigenous steam, hot water and hot brines, and geopressured water;
(B)  steam and other gasses, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;
(C)  heat or other associated energy found in geothermal formations;  and
(D)  any by-product derived from them.
(5)  "By-product" means any other element found in a geothermal formation which is brought to the surface, whether or not it is used in geothermal heat or pressure inducing energy generation.  The term does not include:
(A)  a mineral, as defined by Section 75.001, Property Code; or
(B)  oil, gas, or a product of oil or gas, as defined by Section 85.001.
Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 395, ch. 185, Sec. 2, eff. Aug. 27, 1979.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1108 (S.B. 785), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter A. General Provisions › Section 141.004. Ownership of Geothermal Energy and Associated Resources

Sec. 141.004.  OWNERSHIP OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES.  (a)  Except as otherwise expressly provided by a conveyance, contract, deed, reservation, exception, limitation, lease, or other binding obligation, the geothermal energy and associated resources below the surface of land are owned as real property by:
(1)  the landowner; or
(2)  if the surface estate and the mineral estate of the land have been severed, the owner of the surface estate of the land.
(b)  Subject to the provisions of this chapter, the property rights described by this section entitle the owner of the geothermal energy and associated resources below the surface of land and the owner's lessee, heir, or assignee to drill for and produce the geothermal energy and associated resources.
(c)  This section does not:
(1)  apply to minerals dissolved or otherwise contained in groundwater, including in hot brines; or
(2)  change existing law regarding:
(A)  oil, gas, or mineral extraction regardless of its heat or energy potential;
(B)  the rights of the dominant and servient estates; or
(C)  the ownership and use of groundwater.
Added by Acts 2023, 88th Leg., R.S., Ch. 1108 (S.B. 785), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.011. General Duty of the Railroad Commission

Sec. 141.011.  GENERAL DUTY OF THE RAILROAD COMMISSION.  Except for duties and responsibilities given to other agencies and officials under this chapter, the commission shall regulate the exploration, development, and production of geothermal energy and associated resources on public and private land for the purpose of conservation and the protection of correlative rights.
Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.012. Rules

Sec. 141.012.  RULES.  (a)  The commission, in consultation with the commissioner and the executive director of the Texas Natural Resource Conservation Commission, shall make, publish, and enforce rules providing for the rapid and orderly exploration, development, and production of geothermal energy and associated resources and to accomplish the purposes of this chapter.
(b)  The rules made under this section shall include rules governing:
(1)  protection of the environment against damage resulting from the exploration, development, and production of geothermal energy and associated resources;
(2)  prevention of waste of natural resources, including geothermal energy and associated resources, in connection with the exploration, development, and production of geothermal energy and associated resources;
(3)  protection of the general public against injury or damage resulting from the exploration, development, and production of geothermal energy and associated resources;  and
(4)  protection of correlative rights against infringement resulting from the exploration, development, and production of geothermal energy and associated resources.
(c)  Rules shall be made and enforced only after a public hearing.
Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.276, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.013. Administrative Penalty

Sec. 141.013.  ADMINISTRATIVE PENALTY.  (a)  If a person violates provisions of this title  which pertain to safety or the prevention or control of pollution or the provisions of a rule, order, license, permit, or certificate which pertain to safety or the prevention or control of pollution and are issued under this title, the person may be assessed a civil penalty by the commission.
(b)  The penalty may not exceed $10,000 a day for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.
(c)  In determining the amount of the penalty, the commission shall consider the person's history of previous violations of this subchapter or the rules, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person.
Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.014. Penalty Assessment Procedure

Sec. 141.014.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the person charged with a violation described under Section 141.013 of this code has been given an opportunity for a public hearing.
(b)  If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the commission shall consolidate the hearings with other proceedings.
(d)  If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e)  The commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.015. Payment of Penalty; Refund

Sec. 141.015.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of an order finding that a violation has occurred, the commission shall inform the permittee and any other person charged within 30 days of the amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the decision or order is final as provided in Subchapter F, Chapter 2001, Government Code, the person charged with the penalty shall:
(1)  pay the penalty in full;  or
(2)  if the person seeks judicial review of either the amount of the penalty or the fact of the violation, or both:
(A)  forward the amount to the commission for placement in an escrow account;  or
(B)  in lieu of payment into escrow, post a supersedeas bond with the commission under the following conditions.  If the decision or order being appealed is the first final commission decision or order assessing any administrative penalty against the person, the commission shall accept a supersedeas bond.  In the case of appeal of any subsequent decision or order assessing any administrative penalty against the person, regardless of the finality of judicial review of any previous decision or order, the commission may accept a supersedeas bond.  Each supersedeas bond shall be for the amount of the penalty and in a form approved by the commission and shall stay the collection of the penalty until all judicial review of the decision or order is final.
(c)  If through judicial review of the decision or order it is determined that no violation occurred or that the amount of the penalty should be reduced or not assessed, the commission shall, within the 30-day period immediately following that determination, if the penalty has been paid to the commission, remit the appropriate amount to the person, with accrued interest, or where a supersedeas bond has been posted, the commission shall execute a release of such bond.
(d)  Failure to forward the money to the commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.
(e)  Judicial review of the order or decision of the commission assessing the penalty shall be under the substantial evidence rule and shall be instituted by filing a petition with the district court of Travis County, Texas, and not elsewhere, as provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff. Aug. 29, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Secs. 5.95(53), (59), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.016. Recovery of Penalty

Sec. 141.016.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 141.013-141.015 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.
Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter B. Powers and Duties of the Railroad Commission › Section 141.018. Access to Property

Sec. 141.018.  ACCESS TO PROPERTY.  Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the exploration, development, and production of geothermal energy, to monitor compliance with a rule, permit, or other order of the commission, or to examine and copy, during reasonable working hours, those records or memoranda of the business being investigated.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.
Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 10, eff. Sept. 1, 1983.  Renumbered from Sec. 141.013 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(33), eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.071. General Authority of Commissioner

Sec. 141.071.  GENERAL AUTHORITY OF COMMISSIONER.  To facilitate and encourage the rapid and orderly development of geothermal energy and associated resources, the commissioner may:
(1)  provide for the orderly exploration of land that belongs to the permanent school fund, excluding wildlife refuges and recreational areas except as provided in Section 141.077 of this code;  and
(2)  issue permits and charge reasonable fees for the permits in accordance with rules promulgated under this chapter by the board.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.072. Deposit of Fees

Sec. 141.072.  DEPOSIT OF FEES.  The fees collected from issuance of the permits shall be deposited in General Land Office Fund 80 and used as the legislature may direct.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.073. Lease of Permanent School Fund Land

Sec. 141.073.  LEASE OF PERMANENT SCHOOL FUND LAND.  (a)  On direction of the commissioner, the board may lease land that belongs to the permanent school fund, excluding wildlife refuges and recreational areas, for the production of geothermal energy and associated resources.
(b)  The board has full authority to set the terms and conditions of leases and may adopt rules relating to exploration, development, and production of geothermal energy and associated resources as the board determines to be in the best interest of the state.
(c)  The board may require the taking in kind of the state's interest in the geothermal energy and associated resources or its by-products provided from this land.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.074. Furnishing Lists of Land to Other Agencies

Sec. 141.074.  FURNISHING LISTS OF LAND TO OTHER AGENCIES.  Before advertising land for lease, the commissioner shall furnish a list of the tracts considered by the board for lease to the Texas Natural Resource Conservation Commission, the commission, and any other state or federal agency that might have information that would be beneficial to the board in its determination of terms and conditions of the proposed lease.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.277, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.075. Notice of Sale

Sec. 141.075.  NOTICE OF SALE.  Land offered for lease to the public by the board shall be advertised in four daily newspapers in the state that have general circulation at least 30 days in advance of the sale date.  The notice shall be published in three issues of each newspaper.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.076. Bids

Sec. 141.076.  BIDS.  (a)  Sales of leases shall be made by sealed bids.
(b)  The board is entitled to reject any and all bids, but if it accepts a bid, the bid must be determined by the board to be in the best interest of the State of Texas.
Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.077. Leases and Permits for Governmental Agencies

Sec. 141.077.  LEASES AND PERMITS FOR GOVERNMENTAL AGENCIES.  (a)  The board may grant permits and leases to state and federal institutions, organizations, or groups desiring to do exploratory or experimental research of geothermal energy and associated resource potentials.
(b)  These permits and leases may be granted on land that belongs to the permanent school fund, excluding wildlife refuges and recreational areas.
(c)  The permits and leases may be issued or granted for research or experimental purposes under rules and conditions the board determines to be in the best interest of the state.
(d)  In granting these leases, the commissioner and board do not have to follow the procedures in this subchapter for leasing to the public.
Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.078. Unit Agreements

Sec. 141.078.  UNIT AGREEMENTS.  (a)  The board may approve unit agreements of one or more leased tracts on application of the lessees.
(b)  Before approving any unit agreement, the board must find that the unit agreement if approved by the board will be in the best interest of the state.
Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter C. Powers and Duties of the Commissioner and Board › Section 141.079. Report to Legislature

Sec. 141.079.  REPORT TO LEGISLATURE.  Not later than January 1 of each odd-numbered year, the commissioner shall report to the legislature on the status of the exploration, development, and production of geothermal energy and associated resources under the land governed by this subchapter.
Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 86, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter D. Enforcement › Section 141.101. General Enforcement Authority

Sec. 141.101.  GENERAL ENFORCEMENT AUTHORITY.  (a)  In addition to other authority specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule, order, or permit of the commission adopted under this chapter in the same manner and subject to the same conditions provided by Chapters 81 and 85 of this code, including the authority to seek and obtain civil penalties and injunctive relief under those chapters.
(b)  If the enforcement authority in Section 81.054, Natural Resources Code, is used to institute a civil action alleging a violation of an NPDES permit or the failure to obtain an NPDES permit issued under this chapter, the attorney general may not oppose intervention by a person who has standing to intervene as provided by Rule 60, Texas Rules of Civil Procedure.
Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 11, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 310, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 141 - Geothermal Resources › Subchapter D. Enforcement › Section 141.102. Criminal Penalty

Sec. 141.102.  CRIMINAL PENALTY.  (a)  A person who knowingly, wilfully, or with criminal negligence violates Subchapter B of this chapter  or a rule, order, or permit of the commission issued under that subchapter commits an offense.
(b)  An offense under Subsection (a) of this section is punishable by a fine of not more than $10,000 a day for each day a violation is committed.
(c)  Venue for prosecution of an alleged violation of this section is in a court of competent jurisdiction in the county in which the violation is alleged to have occurred.
Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 11, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 142 - Natural Energy and Water Resources Compact › Section 142.001. Ratification

Sec. 142.001.  RATIFICATION.  The compact set out in Section 142.005 of this code is ratified by this state.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff. June 13, 1979.