reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.029. Delegation of Hearing Powers

Sec. 28.029.  DELEGATION OF HEARING POWERS.  (a)  The commission may authorize the chief administrative law judge of the State Office of Administrative Hearings to call and hold hearings on any subject on which the commission may hold a hearing.
(b)  The commission may also authorize the chief administrative law judge to delegate to one or more administrative law judges the authority to hold any hearing the chief administrative law judge calls.
(c)  At any hearing called under this section, the chief administrative law judge or the administrative law judge to whom a hearing is delegated may administer oaths and receive evidence.
(d)  The individual or individuals holding a hearing under the authority of this section shall report the hearing in the manner prescribed by the commission.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1995, 74th Leg., ch. 106, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.030. Rules, Etc

Sec. 28.030.  RULES, ETC.  (a)  The commission shall adopt rules reasonably required for the performance of the powers, duties, and functions of the commission under this chapter.
(b)  Such rules shall be published as proposed rules, as prescribed by Chapter 2001, Government Code, no later than 120 days after the enactment of this section and shall provide reasonable time for the commission to receive comments and recommendations from interested agencies and the public before adoption by the commission.
(c)  No shaft permit shall be issued by the commission pursuant to this chapter nor shall a permit hearing be held on a shaft application until the commission has adopted rules for the issuance of such shaft permit.
(d)  The commission may refuse to accept a shaft permit application or hold a shaft permit application hearing if the planned siting of the shaft is the subject of litigation.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.125, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(63), eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.031. Issuance of Permit

Sec. 28.031.  ISSUANCE OF PERMIT.  (a)  The commission may grant an application in whole or part and may issue the shaft permit if it finds:
(1)  that the use or installation of the shaft is in the public interest and that after consideration of all siting alternatives there is a public need for construction of the shaft at the location for which the application is made;
(2)  that no existing rights, including but not limited to mineral rights and water rights, will be impaired;
(3)  that, with proper safeguards, both ground and surface water can be adequately protected from pollution;  and
(4)  that the applicant has made a satisfactory showing of financial responsibility if required by Subsection (b) of Section 28.053 of this chapter.
(b)  In the permit the commission shall impose terms and conditions reasonably necessary to protect all water from pollution, including the necessary casing, liners, seals and surface facilities.
(c)  In the permit the commission shall impose terms and conditions for final closure of surface facilities and plugging and sealing of the shaft reasonably necessary to protect all water penetrated from pollution.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.032. Copies of Permit; Filing Requirements

Sec. 28.032.  COPIES OF PERMIT;  FILING REQUIREMENTS.  (a)  The commission shall furnish the railroad commission with a copy of each shaft permit the commission issues.
(b)  Before beginning shaft construction, a person receiving a shaft permit shall file a copy of the permit with the commissioners court of the county in which the shaft is to be located.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.126, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.033. Record of Strata

Sec. 28.033.  RECORD OF STRATA.  (a)  The commission shall require a person applying for a shaft permit to drill or have drilled a test hole on center or offset to the shaft and provide the following to the commission and the railroad commission in the application:
(1)  a description of the lithology into or through the lower confining strata;
(2)  results of rock testing;
(3)  geophysical logs;  and
(4)  other information that may be required by the commission.
(b)  The commission shall require a person receiving a shaft permit to keep and furnish to the commission and the railroad commission a complete and accurate record of the depth, thickness, and character of the different strata or rock units penetrated in constructing the shaft.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.034. Geophysical and Drilling Log

Sec. 28.034.  GEOPHYSICAL AND DRILLING LOG.  If the shaft is to be constructed over, around, or within 2,000 feet of an existing drilled borehole or boreholes, the commission shall require the applicant for a shaft permit to furnish such geophysical logs as may be required by the commission, including electric logs, and the drilling log and well completion record of all existing boreholes to the commission, along with a complete and accurate core data record of the depth, thickness, and character of the different strata or rock units penetrated as a part of the shaft application.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.035. Seismic Reflection Survey

Sec. 28.035.  SEISMIC REFLECTION SURVEY.  The commission shall require as a part of any shaft application a seismic reflection survey and velocity control data conforming, at minimum, to specifications established by the commission in the rules provided for in Subsection (a) of Section 28.030 of this chapter.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.036. Casing, Liner, and Seal Requirements

Sec. 28.036.  CASING, LINER, AND SEAL REQUIREMENTS.  (a)  The casing, liners, and seal(s) shall be set at the depth, with the materials, and in the manner required by the commission.
(b)  The permittee shall provide records as required by the executive director to indicate compliance with Subsection (a) of this section.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.037. Factors in Setting Casing, Liner, and Seal Requirements

Sec. 28.037.  FACTORS IN SETTING CASING, LINER, AND SEAL REQUIREMENTS.  Before setting the casing, liner, and seal requirements, the commission shall consider:
(1)  known geological and hydrological conditions and relationships;
(2)  foreseeable future economic development in the area;  and
(3)  foreseeable future demand for the use of fresh water in the locality.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter C. Drilled or Mined Shafts › Section 28.038. Environmental Report

Sec. 28.038.  ENVIRONMENTAL REPORT.  If an environmental report, environmental assessment, or environmental impact statement of any kind that includes an analysis of the environmental impacts of the shaft construction or operation is required by any federal or state agency before approval to construct the shaft, the environmental document, along with evidence of the needed approvals that have been granted, must be submitted to the commission as part of the shaft permit application, and the commission shall make the environmental document available for public review and comment for a period of not less than 30 days before the application for the shaft permit is considered.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter D. Commission Authority › Section 28.051. Power to Enter Property

Sec. 28.051.  POWER TO ENTER PROPERTY.  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may enter public or private property at any time to inspect and investigate conditions relating to shaft activities or to monitor compliance with a rule, permit, or other order of the commission.  Members, employees, or agents 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. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter D. Commission Authority › Section 28.052. Power to Examine Records

Sec. 28.052.  POWER TO EXAMINE RECORDS.  Members of the commission, employees and agents of the commission, and authorized agents or employees of local governments may examine and copy those records or memoranda of a shaft permittee or his contractors they are investigating or monitoring as provided by Section 28.051 of this chapter that relate to the construction and operation of a shaft or any other records required to be maintained by law.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.127, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter D. Commission Authority › Section 28.053. Financial Responsibility

Sec. 28.053.  FINANCIAL RESPONSIBILITY.  (a)  The commission may require in a shaft permit that the permittee reimburse the commission for reasonable costs of monitoring and on-site, full-time surveillance to determine compliance with a rule, permit, or other order of the commission.
(b)  A person to whom a shaft permit is issued may be required by the commission to maintain a performance bond or other form of financial security to ensure payment of costs that may become due in accord with Subsection (a) of this section or to ensure that an abandoned shaft is safely and properly sealed and plugged.
Added by Acts 1983, 68th Leg., p. 651, ch. 148, Sec. 1, eff. May 18, 1983.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.128, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.101. Definitions

Sec. 28.101.  DEFINITIONS.  In this subchapter:
(1)  "District" means a district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, that has the authority to regulate the spacing of water wells, the production of water wells, or both.
(2)  "Fund" means the leaking water wells fund created under Section 28.103.
(3)  "Program" means the leaking water wells program established under Section 28.104.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.102. Applicability of Subchapter

Sec. 28.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter  applies only to a district in a county that:
(1)  has a population of 16,000 or less; and
(2)  is adjacent to at least seven counties with populations of less than 15,000.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.103. Leaking Water Wells Fund

Sec. 28.103.  LEAKING WATER WELLS FUND.  (a) The leaking water wells fund is created as a fund in the state treasury outside the general revenue fund.
(b)  The fund consists of:
(1)  money appropriated, credited, or transferred to the fund by the legislature;
(2)  gifts or grants contributed to the fund; and
(3)  interest earned on deposits and investments of the fund.
(c)  Interest earned on money deposited to the credit of the fund is exempt from Section 404.071, Government Code.  Interest earned on money in the fund shall be retained in the fund.
(d)  The fund may be used only to implement the program established under Section 28.104, including the costs of program administration and operation.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.104. Leaking Water Wells Program

Sec. 28.104.  LEAKING WATER WELLS PROGRAM.  The commission shall establish and administer the leaking water wells program to plug leaking water wells. Under the program, the commission shall provide grants to districts for eligible projects to offset the cost of plugging leaking water wells.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.105. Application for Grant

Sec. 28.105.  APPLICATION FOR GRANT.  (a) A district may apply for and receive a grant for an eligible project under the program.
(b)  An application for a grant under this subchapter must be made on a form provided by the commission and must contain the information required by the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.106. Eligibility of Projects for Grants; Prioritization

Sec. 28.106.  ELIGIBILITY OF PROJECTS FOR GRANTS; PRIORITIZATION. (a) To be eligible for a grant for a project, a district must:
(1)  demonstrate that the project includes a leaking water well:
(A)  that:
(i)  is located within 2,000 feet of a drinking water well, a water well for livestock or irrigation, or a sensitive wildlife area; or
(ii)  has seasonal or annual flow to the surface, or a hydrological connection to surface water, including a waterway, intermittent stream, or springs system; and
(B)  of which:
(i)  the plug, casing, completion interval, or general integrity is known by the district to be deficient; or
(ii)  the completion interval is sufficiently proximate to other known intervals or pressurized zones with high concentrations of salinity, chlorides, sulfides, or other hazardous or toxic components;
(2)  obtain any necessary approval from a surface owner for access to the property where the leaking water well is located; and
(3)  as necessary and subject to Subsection (b), engage in a bid process to select and hire a contractor or subcontractor to perform the work.
(b)  Notwithstanding any other law, a contract for work on a project for which a grant is provided under the program:
(1)  must be awarded to a contractor or subcontractor selected from a list of approved well pluggers maintained by the Railroad Commission of Texas; and
(2)  may be awarded to the contractor or subcontractor whose bid or proposal the recipient of the grant determines provides the best value for the recipient based on the selection criteria published by the recipient.
(c)  The commission by rule shall establish criteria for prioritizing projects eligible to receive a grant under the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28 - Water Wells and Drilled or Mined Shafts › Subchapter E. Leaking Water Wells Grant Program › Section 28.107. Restriction on Use of Grant

Sec. 28.107.  RESTRICTION ON USE OF GRANT.  (a) A recipient of a grant provided under the program may use the grant only to pay the cost of the project for which the grant is provided. A recipient may not use the grant to pay administrative costs associated with the project.
(b)  A leaking water well plugged under the program must be permanently plugged. The commission, in consultation with the Railroad Commission of Texas, shall establish criteria for ensuring that a well is permanently plugged.
(c)  The amount of a grant provided under the program that is not spent for the completion of a project must be returned to the commission for deposit to the credit of the fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 876 (H.B. 4256), Sec. 1, eff. June 13, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter A. General Provisions › Section 28A.001. Definitions

Sec. 28A.001.  DEFINITIONS.  In this chapter:
(1)  "Aggregate production operation" means the site from which aggregates are being or have been removed or extracted from the earth, including the entire areas of extraction, stripped areas, haulage ramps, and the land on which the plant processing the raw materials is located, exclusive of any land owned or leased by the responsible party not being currently used in the production of aggregates.  For the purposes of this chapter, the term "aggregate production operation" does not include:
(A)  a site at which the materials that are being removed or extracted from the earth are used or processed at the same site or at a related site under the control of the same responsible party for the production of cement or lightweight aggregates, or in a lime kiln;
(B)  a temporary site that is being used solely to provide aggregate products for use in a public works project involving the Texas Department of Transportation or a local governmental entity;
(C)  an extraction area from which all raw material is extracted for use as fill or for other construction uses at the same or a contiguous site;
(D)  a site at which the materials that are being removed or extracted from the earth are used or processed for use in the construction, modification, or expansion of a solid waste facility at the site or another location; or
(E)  a site at which:
(i)  the materials being removed or extracted from the earth are specialty or terrazo-type stone removed or extracted exclusively for decorative or artistic uses; and
(ii)  the portion of the specialty or terrazo-type stone horizon that is exposed for current production for commercial sale in the site does not exceed five acres.
(2)  "Aggregates" means any commonly recognized construction material originating from an aggregate production operation from which an operator extracts dimension stone, crushed and broken limestone, crushed and broken granite, crushed and broken stone not elsewhere classified, construction sand and gravel, industrial sand, dirt, soil, or caliche.  For purposes of this section, the term "aggregates" does not include clay or shale mined for use in manufacturing structural clay products.
(3)  "Commission" means the Texas Commission on Environmental Quality.
(4)  "Operator" means any person engaged in and responsible for the physical operation and control of the extraction of aggregates.
(5)  "Owner" means any person having title, wholly or partly, to the land on which an aggregate production operation exists or has existed.
(6)  "Responsible party" means the operator, lessor, or owner who is responsible for the overall function and operation of an aggregate production operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 167 (H.B. 2582), Sec. 1, eff. May 26, 2017.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter B. Registration and Inspection › Section 28A.051. Registration

Sec. 28A.051.  REGISTRATION.  (a)  The responsible party for an aggregate production operation shall register the operation with the commission not later than the 10th business day before the beginning date of extraction activities and shall renew the registration annually as extraction activities continue.
(b)  After extraction activities at an aggregate production operation have ceased and the operator has notified the commission in writing that the operations have ceased, the requirements of this chapter are not applicable to the aggregate production operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter B. Registration and Inspection › Section 28A.052. Survey

Sec. 28A.052.  SURVEY.  (a)  The commission annually shall conduct a physical survey of the state to:
(1)  identify all active aggregate production operations in this state; and
(2)  ensure that each active aggregate production operation in this state is registered with the commission.
(b)  The commission may contract with or seek assistance from a governmental entity or other person to conduct the annual survey required by Subsection (a) to identify active aggregate production operations that are not registered under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter B. Registration and Inspection › Section 28A.053. Inspection

Sec. 28A.053.  INSPECTION.  (a)  The commission shall inspect each active aggregate production operation in this state for compliance with applicable environmental laws and rules under the jurisdiction of the commission:
(1)  at least once every two years during the first six years in which the operation is registered; and
(2)  after the expiration of the period described by Subdivision (1), at least once every three years.
(b)  Except as provided by Subsection (c), the commission may conduct an inspection only after providing notice to the responsible party in accordance with commission policy.
(c)  The commission may conduct unannounced periodic inspections under this section of an aggregate production operation that in the preceding three-year period has been issued a notice of violation by the commission for a violation of an environmental law or rule under the jurisdiction of the commission.  The unannounced inspections may be conducted only for a period of not more than one year.
(d)  An inspection must be conducted by one or more inspectors trained in the regulatory requirements applicable to active aggregate production operations under the jurisdiction of the commission.  If the inspection is conducted by more than one inspector, each inspector is not required to be trained in each of the applicable regulatory requirements, but the combined training of the inspectors must include each of the applicable regulatory requirements.  The applicable regulatory requirements include requirements related to:
(1)  individual water quality permits issued under Section 26.027;
(2)  a general water quality permit issued under Section 26.040;
(3)  air quality permits issued under Section 382.051, Health and Safety Code; and
(4)  other regulatory requirements applicable to active aggregate production operations under the jurisdiction of the commission.
(e)  An investigation in response to a complaint satisfies the requirement of an inspection under this section if a potential noncompliance issue not related to the complaint is observed and is:
(1)  not within an area of expertise of the investigator but is referred by the investigator to the commission for further investigation; or
(2)  within an area of expertise of the inspector and is appropriately investigated and appropriately addressed in the investigation report.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter B. Registration and Inspection › Section 28A.054. Report

Sec. 28A.054.  REPORT.  The commission shall provide a specific section in the annual enforcement report under Section 5.126 with information regarding the implementation of this chapter, including:
(1)  the results of the survey to locate unregistered active aggregate production operations under Section 28A.052;
(2)  the number and general location of the registered aggregate production operations;
(3)  the number of inspectors trained in multiple areas related to the inspection of aggregate production operations;
(4)  the number of inspections conducted; and
(5)  the results of the inspections.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter C. Fees and Enforcement › Section 28A.101. Fees

Sec. 28A.101.  FEES.  (a)  A person who, under laws in the commission's jurisdiction and rules adopted under those laws, is authorized to operate an aggregate production operation shall pay annually an aggregate production operation registration fee to the commission in an amount established by commission rule.
(b)  The commission shall set the annual registration fee in an amount sufficient to maintain a registry of active aggregate production operations in this state and implement this chapter, not to exceed $1,500.
(c)  Registration fees collected under this section shall be deposited in the water resource management account and may be used only to implement this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1173 (H.B. 3317), Sec. 19(a), eff. June 14, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter C. Fees and Enforcement › Section 28A.102. Penalty

Sec. 28A.102.  PENALTY.  The commission may assess a penalty of not less than $5,000 and not more than $20,000 for each year in which an aggregate production operation operates without being registered under this chapter.  The total penalty under this section may not exceed $40,000 for an aggregate production operation that is operated in three or more years without being registered.
Added by Acts 2011, 82nd Leg., R.S., Ch. 107 (H.B. 571), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1050 (H.B. 907), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 28A - Certain Aggregate Production Operations › Subchapter D. Best Management Practices › Section 28A.151. Best Management Practices

Sec. 28A.151.  BEST MANAGEMENT PRACTICES.  (a)  The commission shall develop and make accessible on the commission's Internet website recommended best management practices for aggregate production operations that operate under the jurisdiction of the commission.  The best management practices must include operational issues related to:
(1)  dust control;
(2)  water use; and
(3)  water storage.
(b)  The commission may coordinate with other agencies when developing the best management practices under this section.
(c)  The best management practices developed under this section are not subject to enforcement by the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter A. General Provisions › Section 29.001. Short Title

Sec. 29.001.  SHORT TITLE.  This chapter may be cited as the Oil and Gas Waste Haulers Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 21, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter A. General Provisions › Section 29.002. Definitions

Sec. 29.002.  DEFINITIONS.  In this chapter:
(1)  "Person" means an individual, association of individuals, partnership, corporation, receiver, trustee, guardian, executor, or a fiduciary or representative of any kind.
(2)  "Railroad commission" means the Railroad Commission of Texas.
(3)  "Oil and gas waste" means oil and gas waste as defined by Section 91.1011, Natural Resources Code, and includes water containing salt or other mineralized substances produced by drilling an oil or gas well or produced in connection with the operation of an oil or gas well.
(4)  "Hauler" means a person who transports oil and gas waste for hire by any method other than by pipeline.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 22, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.011. Application for Permit

Sec. 29.011.  APPLICATION FOR PERMIT.  Any person may apply to the railroad commission for a permit to haul and dispose of oil and gas waste.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 23, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.012. Application Form

Sec. 29.012.  APPLICATION FORM.  The railroad commission shall prescribe a form on which an application for a permit may be made and shall provide the form to any person who wishes to submit an application.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.013. Contents of Application

Sec. 29.013.  CONTENTS OF APPLICATION.  The application for a permit shall:
(1)  state the number of vehicles the applicant plans to use for hauling oil and gas waste;
(2)  affirmatively show that the vehicles are designed so that they will not leak during transportation of oil and gas waste;
(3)  include an affidavit from a person who operates an approved system of oil and gas waste disposal stating that the applicant has permission to use the approved system;
(4)  state the applicant's name, business address, and permanent mailing address;  and
(5)  include other relevant information required by railroad commission rules.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 24, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.014. Rejecting an Application

Sec. 29.014.  REJECTING AN APPLICATION.  If an application for a permit does not comply with Section 29.013 of this code or with reasonable rules of the railroad commission, the railroad commission may reject the application.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.015. Application Fee

Sec. 29.015.  APPLICATION FEE.  With each application for issuance, renewal, or material amendment of a permit, the applicant shall submit to the railroad commission a nonrefundable fee of $100.  Fees collected under this section shall be deposited in the oil and gas regulation and cleanup fund.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 25, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.27, eff. September 28, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.018. Suspension; Refusal to Renew

Sec. 29.018.  SUSPENSION;  REFUSAL TO RENEW.  The railroad commission may suspend or refuse to renew a permit for a period not to exceed one year if the permittee:
(1)  violates the provisions of this chapter;
(2)  violates reasonable rules promulgated under Section 29.031 of this code;  or
(3)  does not maintain his operation at the standards that entitled him to a permit under Section 29.013 of this code.
Amended by Acts 1977, 65th Leg., p. 1654, ch. 650, Sec. 1.  Renumbered and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5266, ch. 967, Sec. 15, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.019. Appeal

Sec. 29.019.  APPEAL.  Any person whose permit application is refused, whose permit is suspended, or whose application for permit renewal is refused by the railroad commission may file a petition in an action to set aside the railroad commission's act within the 30-day period immediately following the day he receives notice of the railroad commission's action.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.020. Suit to Compel Railroad Commission to Act

Sec. 29.020.  SUIT TO COMPEL RAILROAD COMMISSION TO ACT.  If the railroad commission does not act within a reasonable time after a person applies for a permit or for renewal of a permit, the applicant may notify the railroad commission of his intention to file suit.  After 10 days have elapsed since the day the notice was given, the applicant may file a petition in an action to compel the railroad commission to show cause why it should not be directed by the court to take immediate action.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter B. Permits › Section 29.021. Venue

Sec. 29.021.  VENUE.  The venue in actions under Sections 29.019 and 29.020 of this code is fixed exclusively in the district courts of Travis County.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter C. Commission Authority › Section 29.031. Rulemaking Power

Sec. 29.031.  RULEMAKING POWER.  The railroad commission shall adopt rules to effectuate the provisions of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter C. Commission Authority › Section 29.032. Copies of Rules

Sec. 29.032.  COPIES OF RULES.  The railroad commission shall print the rules and provide copies to persons who apply for them.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter C. Commission Authority › Section 29.033. Effective Date of Rules

Sec. 29.033.  EFFECTIVE DATE OF RULES.  No rule or amendment to a rule is effective until after the 30-day period immediately following the day on which a copy of the rule is filed with the Secretary of State.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter C. Commission Authority › Section 29.034. Access to Property

Sec. 29.034.  ACCESS TO PROPERTY.  Members and employees of the railroad commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the hauling of oil and gas waste, to monitor compliance with a rule, permit, or other order of the railroad 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 posted safety, internal security, and fire protection rules.
Added by Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff. Sept. 1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 26, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.041. Hauling Without Permit

Sec. 29.041.  HAULING WITHOUT PERMIT.  No hauler may haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated unless the hauler has a permit issued under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 27, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.042. Exceptions

Sec. 29.042.  EXCEPTIONS.  (a)  A person may haul oil and gas waste for use in connection with drilling or servicing an oil or gas well without obtaining a hauler's permit under this chapter.
(b)  The commission by rule may except from the permitting requirements of this chapter specific categories of oil and gas waste other than salt water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 28, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.043. Using Haulers Without Permit

Sec. 29.043.  USING HAULERS WITHOUT PERMIT.  No person may knowingly utilize the services of a hauler to haul or dispose of oil and gas waste off the lease, unit, or other oil or gas property where it is generated if the hauler does not have a permit as required under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 29, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.044. Disposing of Oil and Gas Waste

Sec. 29.044.  DISPOSING OF OIL AND GAS WASTE.  (a)  No hauler may dispose of oil and gas waste on public roads or on the surface of public land or private property in this state in other than a railroad commission-approved disposal facility without written authority from the railroad commission.
(b)  No hauler may dispose of oil and gas waste on property of another in other than a railroad commission-approved disposal facility without the written authority of the landowner.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 30, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.045. Use of Unmarked Vehicles

Sec. 29.045.  USE OF UNMARKED VEHICLES.  No person who is required to have a permit under this chapter may haul oil and gas waste in a vehicle that does not bear the owner's name and the hauler's permit number.  This information shall appear on both sides and the rear of the vehicle in characters not less than three inches high.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, Sec. 31, eff. Jan. 1, 1992.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.046. Penalty

Sec. 29.046.  PENALTY.  A person who violates any provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000 or by confinement in the county jail for not more than 10 days or by both.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.047. Administrative Penalty

Sec. 29.047.  ADMINISTRATIVE PENALTY.  (a)  If a person violates the provisions of this chapter or a rule, order, license, permit, or certificate issued under this chapter, the person may be assessed a civil penalty by the railroad 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 railroad commission shall consider the permittee's history of previous violations of this chapter, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff. Aug. 29, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 29 - Oil and Gas Waste Haulers › Subchapter D. Offenses; Penalties › Section 29.048. Penalty Assessment Procedure

Sec. 29.048.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the permittee or person charged with a violation described under Section 29.047 of this code has been given an opportunity for a public hearing.
(b)  If a public hearing has been held, the railroad 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 railroad commission shall consolidate the hearings with other proceedings under this chapter.
(d)  If the permittee or person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the railroad commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e)  The railroad commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff. Aug. 29, 1983.