reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter A. General Provisions › Section 114.002. Applicability of Chapter

Sec. 114.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to:
(1)  a common carrier as defined by and regulated under Chapter 111 of the Natural Resources Code;  or
(2)  the movement by a person or entity by motor vehicle of salt water, brine, sludge, drilling mud, and other liquid or semiliquid material arising out of or incidental to drilling for or producing oil or gas if:
(A)  the commission has authorized the person or entity to move or transport the material and the material being moved or transported contains less than seven percent liquid hydrocarbons by volume;  or
(B)  the person or entity is not moving or transporting the material for hire and the material being moved or transported contains less than seven percent liquid hydrocarbons by volume.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter B. Cargo Manifest › Section 114.011. Cargo Manifest Required

Sec. 114.011.  CARGO MANIFEST REQUIRED.  A cargo manifest must be carried in each oil tanker vehicle transporting liquid hydrocarbons on a public highway in this state and must be presented on request for inspection as provided by Section 114.101 of this code.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter B. Cargo Manifest › Section 114.012. Contents of Cargo Manifest

Sec. 114.012.  CONTENTS OF CARGO MANIFEST.  For each load of liquid hydrocarbons loaded onto and transported by an oil tanker vehicle, the cargo manifest must include:
(1)  an identification of the lease or facility from which the liquid hydrocarbons were removed which must include:
(A)  the lease or facility name;  and
(B)  the name of the operator of the lease or facility;
(2)  the total quantity of liquid hydrocarbons removed from the lease or facility and loaded onto the oil tanker vehicle;
(3)  the date and hour when the liquid hydrocarbons were removed from the lease or facility and loaded onto the oil tanker vehicle;
(4)  the identity of the transporter which must include:
(A)  the company or individual transporter's name and address;
(B)  the oil tanker vehicle driver's name;  and
(C)  a unique number for the oil tanker vehicle that for a truck tractor and semitrailer type oil tanker vehicle must include unique vehicle numbers for both truck tractor and semitrailer;  and
(5)  the intended point of destination for the liquid hydrocarbons, including the name of the receiving facility.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter B. Cargo Manifest › Section 114.013. Copy of Cargo Manifest Left at Lease or Facility

Sec. 114.013.  COPY OF CARGO MANIFEST LEFT AT LEASE OR FACILITY.  (a)  A copy of the cargo manifest must be left at the lease or facility from which the liquid hydrocarbons were removed or delivered to the lease or facility operator, his agent, or his representative.
(b)  The requirements of this section may be met by leaving a separate document at the lease or facility from which the liquid hydrocarbons were removed or delivering to the lease or facility operator a separate document that includes information required under Subdivisions (1)-(3) and Subdivisions (4)(A) and (B), Section 114.012, of this code.
(c)  If more than one load of liquid hydrocarbons are removed from a single tank or other container of liquid hydrocarbons within a period of 24 consecutive hours, Subdivisions (2) and (3), Section 114.012, of this code may be met for purposes of this section by a separate document that includes:
(1)  the total quantity of liquid hydrocarbons removed;
(2)  the date and hour the first load was removed;  and
(3)  the date and hour the last load was removed.
(d)  If the operator of a facility requires that a transporter leave at the facility or deliver to the operator a document other than the transporter's cargo manifest, a transporter may meet the requirements of this section by leaving those specified documents at an agreed location or delivering the document to the operator.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter B. Cargo Manifest › Section 114.014. Cargo Manifest Records

Sec. 114.014.  CARGO MANIFEST RECORDS.  After the delivery of all liquid hydrocarbons in an oil tanker vehicle is completed, the cargo manifest must be maintained in the records of the transporter for a period of not less than two years from the date the liquid hydrocarbons are removed from the oil tanker vehicle.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter C. Enforcement › Section 114.101. Authority to Examine Cargo Manifests

Sec. 114.101.  AUTHORITY TO EXAMINE CARGO MANIFESTS.  The commission, its designated agents or employees, or a peace officer may examine a cargo manifest, whether it is on an oil tanker vehicle or in the records of the transporter, under circumstances where the examination is a lawful attempt to determine whether this chapter is being violated.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 114 - Oil Tanker Vehicles › Subchapter C. Enforcement › Section 114.102. Criminal Offenses

Sec. 114.102.  CRIMINAL OFFENSES.  (a)  A person commits an offense if the person knowingly or intentionally:
(1)  fails to leave a copy of the cargo manifest or other document as required under Section 114.013 of this code at the lease or facility from which the liquid hydrocarbons were removed or fails to deliver a copy of the cargo manifest or other document as required under Section 114.013 of this code to the operator of the lease or facility, his agent, or his representative;
(2)  operates an oil tanker vehicle without a cargo manifest as required by this chapter;
(3)  fails to maintain cargo manifest records as required under Section 114.014 of this code;  or
(4)  forges or falsifies a cargo document or documents required by this chapter or exhibits a cargo document or documents knowing that those documents are forged or falsified.
(b)  An offense under this section is a felony of the third degree.
(c)  It is an affirmative defense to prosecution under Subdivision (1), (2), or (3), Subsection (a), of this section that the person charged with the offense provides the information required by Section 114.012 of this code.
(d)  A penalty imposed for violation of this chapter is in addition to any civil or administrative penalty or sanction authorized by Sections 85.042 and 85.201 of this code or any other provision of law.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter A. General Provisions › Section 115.001. Definitions

Sec. 115.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Commission order" includes a rule or order adopted by the commission under the oil and gas conservation statutes of this state, including this title and Subtitle B, Title 3, Utilities Code.
(3)  "Gas" includes natural gas, bradenhead gas, casinghead gas, or gas produced from an oil or gas well.
(4)  "Manifest" includes a document issued by a shipper that covers oil or a petroleum product transported by motor vehicle.
(5)  "Oil" includes crude petroleum oil:
(A)  in its natural state as produced;  or
(B)  from which only the basic sediment and water have been removed.
(6)  "Person" includes an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, or representative.
(7)  "Petroleum product" includes:
(A)  refined crude oil;
(B)  crude tops;
(C)  topped crude;
(D)  processed crude petroleum;
(E)  residue from crude petroleum;
(F)  cracking stock;
(G)  uncracked fuel oil;
(H)  fuel oil;
(I)  treated crude oil;
(J)  residuum;
(K)  gas oil;
(L)  casinghead gasoline;
(M)  natural gas gasoline;
(N)  naphtha;
(O)  distillate;
(P)  gasoline;
(Q)  kerosene;
(R)  benzine;
(S)  wash oil;
(T)  waste oil;
(U)  blended gasoline;
(V)  lubricating oil;
(W)  blends or mixtures of petroleum;  or
(X)  any other liquid petroleum product or byproduct derived from crude petroleum oil or gas.
(8)  "Shipping papers" includes:
(A)  a bill of lading that covers oil or a petroleum product transported by railway;
(B)  a manifest;  or
(C)  a document that covers oil or a petroleum product transported by pipeline, boat, or barge.
(9)  "Tender" means a permit or certificate of clearance for the transportation of oil or a petroleum product that is approved and issued or registered under the authority of the commission.
(10)  "Unlawful gas" includes gas produced or transported in violation of a law of this state or commission order.
(11)  "Unlawful petroleum product" includes a petroleum product:
(A)  any part of which was processed or derived in whole or in part from:
(i)  unlawful oil;
(ii)  a product of unlawful oil;  or
(iii)  unlawful gas;  or
(B)  transported in violation of a law of this state or commission order.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter A. General Provisions › Section 115.002. Exception

Sec. 115.002.  EXCEPTION.  This chapter does not apply to the retail purchase of a petroleum product if that product is:
(1)  contained in the ordinary equipment of a motor vehicle;  and
(2)  used only to operate the motor vehicle in which it is contained.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter A. General Provisions › Section 115.003. Definition of Unlawful Oil; Presumption

Sec. 115.003.  DEFINITION OF UNLAWFUL OIL;  PRESUMPTION.  (a)  For purposes of this chapter, oil is unlawful if the oil is:
(1)  produced in this state from a well in excess of the amount allowed by a commission order or otherwise in violation of a law of this state or commission order;  or
(2)  transported in violation of a law of this state or commission order.
(b)  It is presumed that oil is "unlawful oil" for purposes of this chapter if the oil is retained in storage for more than six years without being used, consumed, or moved into regular commercial channels.
(c)  The presumption under Subsection (b) may be rebutted by proof that the oil:
(1)  was produced from a well within the production allowable then applying to that well;
(2)  was not produced in violation of a law of this state or commission order;  and
(3)  if transported from the lease from which it was produced, was not transported in violation of a law of this state or commission order.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.011. Tender Requirements

Sec. 115.011.  TENDER REQUIREMENTS.  The commission by order may require that a tender be obtained before oil or a petroleum product may be transported or received for transportation by pipeline, railway, boat, or barge.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.012. Tender; Application Requirements

Sec. 115.012.  TENDER;  APPLICATION REQUIREMENTS.  (a)  The commission by order shall prescribe the form of a tender and a tender application.
(b)  The form must show:
(1)  the name and address of the shipper or other person who tenders oil or a petroleum product for transportation;
(2)  the name and address of the transporter if the commission order requires the transporter to be designated;
(3)  the quantity and classification of each commodity authorized to be transported;
(4)  each location at which delivery is to be made to the transporter;  and
(5)  other related information as prescribed by commission order.
(c)  Each tender must:
(1)  bear a date and serial number;
(2)  state the expiration date of the tender;  and
(3)  be executed by an agent authorized by the commission to deny, approve, or register tenders.
(d)  An agent may not approve or register a tender for the transportation of unlawful oil or an unlawful petroleum product.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.013. Action on Tender Application

Sec. 115.013.  ACTION ON TENDER APPLICATION.  (a)  If an agent of the commission rejects an application for a tender, the agent shall return a copy of the application to the applicant with the reasons for the rejection indicated on the copy.
(b)  A person whose tender application is not acted on before the 21st day after the date on which the application is filed is entitled to judicial review in the manner provided by Section 115.014 for the appeal of a rejection of a tender application.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.014. Judicial Review

Sec. 115.014.  JUDICIAL REVIEW.  (a)  A person whose tender application is rejected may appeal that action by filing a petition against the commission in a district court of Travis County for review of the agent's decision.
(b)  The clerk of the court shall issue to the commission a notice setting forth briefly the cause of action stated in the petition.  The court may not enter an order on the petition until the court conducts a hearing.  The court must conduct the hearing not later than the fifth day after the date of issuance of the notice.
(c)  The court may sustain, modify, or overrule the agent's decision and may issue a restraining order or injunction as warranted by the facts.
(d)  A person dissatisfied with the decision of the district court may appeal to the court of appeals.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.015. Transfer Under Tender

Sec. 115.015.  TRANSFER UNDER TENDER.  (a)  A person who obtains a tender may not transport or deliver, or cause or permit to be transported or delivered, any more or any different commodity than that authorized by the tender.
(b)  A connecting carrier or consignee who receives oil or a petroleum product from another transporter by pipeline, railway, boat, or barge under authority of shipping papers executed by the initial transporter that bear the date and serial number of a tender issued to that initial transporter is considered to receive the oil or petroleum product by authority of that tender if the commission order provides that a connecting carrier or consignee may rely on the shipping papers.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.016. Issuance of Manifest

Sec. 115.016.  ISSUANCE OF MANIFEST.  (a)  A person who obtains a tender required under this subchapter shall sign and issue a manifest to the operator of each motor vehicle used to transport the oil or petroleum product that is covered by the tender.
(b)  The person shall issue a separate manifest for each load carried by the motor vehicle.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.017. Form of Manifest

Sec. 115.017.  FORM OF MANIFEST.  (a)  The commission by order may prescribe the form of a manifest.
(b)  A manifest must:
(1)  bear a certificate signed by the shipper that states the amount of oil or petroleum products to be transported and specifies each petroleum product to be transported;  and
(2)  include, if required by commission order:
(A)  the date and serial number of the tender that authorizes the transportation or a seal, number, or other evidence of the tender, if a tender is required;
(B)  the amount and classification of each petroleum product to be transported;
(C)  the name and address of the transporter, the name and address of the shipper, and the name and address of the consignee, if known;
(D)  the name and address of the operator of the motor vehicle;
(E)  the license plate number of the motor vehicle;
(F)  the date, time, and place at which the motor vehicle was loaded and the destination, if known, of the load;  and
(G)  other related information as required by commission order.
(c)  If the form of the manifest is not prescribed by commission order, each shipper required to issue a manifest to a transporter shall use a form of manifest that is:
(1)  commonly used in commercial transactions;  or
(2)  required by another state agency to accompany the movement of gasoline.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.018. Transfer Under Manifest; Restrictions

Sec. 115.018.  TRANSFER UNDER MANIFEST;  RESTRICTIONS.  (a)  A person authorized to transport oil or a petroleum product on a manifest issued by a shipper may not receive:
(1)  a commodity for transportation that is different from the commodity described in the manifest;  or
(2)  oil or a petroleum product in an amount exceeding the amount authorized by the manifest.
(b)  A person authorized to transport oil or a petroleum product by a shipper-issued manifest that bears on its face the date and serial number of the tender may rely on the manifest delivered to that person and each consignee or person to whom the transporter delivers oil or a petroleum product covered by that manifest may rely on the manifest as authority to receive the commodity delivered if the manifest:
(1)  appears to be valid on its face;
(2)  is signed by the shipper;  and
(3)  bears the certificate of the shipper that the transportation of the oil or petroleum product is authorized by the tender.
(c)  If the commission by order prohibits the transportation of oil or a petroleum product by motor vehicle without a manifest that shows the date and serial number of a tender authorizing the transportation, a person may not ship or transport or cause to be shipped or transported by motor vehicle oil or a petroleum product unless the person furnishes the manifest to the operator of the motor vehicle.  The person transporting the oil or petroleum product shall maintain the manifest in the vehicle at all times during the shipment.  If the person to whom the tender is issued is the operator of the motor vehicle and the tender identifies the motor vehicle by license number and covers one load, the person may carry the tender in the vehicle in lieu of a manifest.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.019. Receipt Required

Sec. 115.019.  RECEIPT REQUIRED.  A person who transports oil or a petroleum product by motor vehicle under conditions that require a tender or manifest shall obtain a receipt from each person to whom any part of the oil or petroleum product is delivered.  The receipt must be on the reverse side of the tender or manifest and must indicate:
(1)  the number of gallons of oil or of each petroleum product delivered;
(2)  the date of delivery;  and
(3)  the signature and address of the purchaser or consignee of the oil or petroleum product.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter B. Tenders and Manifests › Section 115.020. Records; Inspection

Sec. 115.020.  RECORDS;  INSPECTION.  (a)  A person who transports by motor vehicle and delivers oil or a petroleum product shall keep in this state for two years each tender or manifest issued to the person, together with the receipts and endorsements on the tender or manifest.
(b)  A tender or manifest is at all times subject to inspection by the commission or an agent or inspector of the commission.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter C. Forfeiture of Unlawful Oil or Petroleum Product › Section 115.031. Forfeiture Authorized

Sec. 115.031.  FORFEITURE AUTHORIZED.  Unlawful oil and unlawful petroleum products, regardless of the date of production or manufacture, are declared to be a nuisance and shall be forfeited to this state as provided by this subchapter.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter C. Forfeiture of Unlawful Oil or Petroleum Product › Section 115.032. Report to Attorney General

Sec. 115.032.  REPORT TO ATTORNEY GENERAL.  On the discovery of unlawful oil or an unlawful petroleum product, a member of the commission, an agent or employee of the commission, or a peace officer shall immediately file with the attorney general a report that describes the unlawful oil or unlawful petroleum product.  The report must state the ownership, party in possession, amount, location, and classification of the oil or petroleum product.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter C. Forfeiture of Unlawful Oil or Petroleum Product › Section 115.033. Action in Rem

Sec. 115.033.  ACTION IN REM.  (a)  If the attorney general is advised of the presence of unlawful oil or an unlawful petroleum product, the attorney general shall bring an action in rem in the name of the state in Travis County or in the county in which the oil or petroleum product is located against the unlawful oil or petroleum product and against each person who owns, claims, or is in possession of the oil or petroleum product.
(b)  If it appears to the court from an examination of the petition or after hearing evidence on the petition at a preliminary hearing that the unlawful oil or petroleum product mentioned in the petition is in danger of being removed, wasted, lost, or destroyed, the court shall:
(1)  issue restraining orders or injunctive relief, either mandatory or prohibitive;
(2)  appoint a receiver to take charge of the oil or petroleum product;  or
(3)  direct the sheriff of the county in which the unlawful oil or petroleum product is located to seize and impound the oil or petroleum product pending further orders of the court.
(c)  A party to the action may demand a trial by jury on any issue of fact raised by the pleadings, and the case shall proceed to trial in the manner provided for other civil cases.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter C. Forfeiture of Unlawful Oil or Petroleum Product › Section 115.034. Forfeiture Sale

Sec. 115.034.  FORFEITURE SALE.  (a)  If, on the trial of the action, the oil or petroleum product in controversy is found to be unlawful, the court shall render judgment forfeiting the oil or petroleum product to this state.  The court shall issue an order of sale directing the sheriff or a constable of the county in which the oil or petroleum product is located to seize and sell the oil or petroleum product in the same manner as personal property is sold under execution.  The court may order the oil or petroleum product sold in whole or in part.
(b)  The sale shall be conducted at the courthouse door of the county in which the oil or petroleum product is located.
(c)  The court shall apply the money realized from the sale first to the payment of the costs of the action and expenses incident to the sale of the oil or petroleum product.  The court may then use not more than one-half of the money to compensate a person for expenses incurred in storing the unlawful oil or petroleum product.  Any balance remaining shall be remitted to the comptroller.
(d)  The officers of the court shall receive the same fees provided by law for other civil actions.  The sheriff who executes the sale shall issue a bill of sale or certificate to the purchaser of the oil or petroleum product, and the commission, on presentation of that certificate of clearance, shall issue a tender, if a tender is required, permitting the purchaser of the oil or petroleum product to move the oil or petroleum product into commerce.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.041. Enforcement; Arrests

Sec. 115.041.  ENFORCEMENT;  ARRESTS.  (a)  To enforce this chapter, an agent of the commission or a peace officer of this state who has probable cause and reasonable grounds to believe that a motor vehicle is transporting unlawful oil or an unlawful petroleum product may stop the vehicle to take samples of the cargo and to inspect the shipping papers.
(b)  If, on examination of the motor vehicle, the agent or officer finds that the vehicle is transporting unlawful oil or an unlawful petroleum product or is transporting oil or a petroleum product without a required tender, the agent or officer, with or without a warrant, shall arrest the operator of the vehicle and file a complaint against the operator under this chapter.
(c)  In a criminal action under this chapter, the agent or officer is not entitled to a fee for executing a warrant of arrest or capias or for making an arrest with or without a warrant.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.042. Publication of Commission Order Prior to Enforcement

Sec. 115.042.  PUBLICATION OF COMMISSION ORDER PRIOR TO ENFORCEMENT.  A criminal action may not be maintained against a person involving the violation of a rule or order that the commission adopts, modifies, or amends until the commission publishes a complete copy of the rule or order.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.043. Certificate as Evidence

Sec. 115.043.  CERTIFICATE AS EVIDENCE.  (a)  A certificate that sets forth the terms of a commission order and states that the order has been adopted and published and was in effect on a specified date or during a specified period is prima facie evidence of those facts if the certificate is:
(1)  made under the seal of the commission;  and
(2)  executed by a member or the secretary of the commission.
(b)  The certificate is admissible in evidence in any civil or criminal action that involves the order without further proof of the adoption, publication, or contents of the order.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.044. Service of Process

Sec. 115.044.  SERVICE OF PROCESS.  (a)  In an action or proceeding that involves the enforcement of this chapter or a commission order, a Texas Ranger or agent of the commission may serve any judicial process, warrant, subpoena, or writ as directed by the court issuing the process and shall serve the process in the same manner as a peace officer.
(b)  The ranger or agent may serve the process, warrant, or subpoena anywhere in this state although it may be directed to the sheriff or a constable of a particular county.
(c)  The ranger or agent shall make the same return as any other officer, sign the return, and add under the name the title "State Ranger" or "Agent, Railroad Commission of Texas," as appropriate, which is sufficient to make the writ valid if the writ is otherwise properly prepared.
(d)  A Texas Ranger or agent of the commission is not entitled to a fee in addition to that person's regular compensation for a service provided under this section.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.045. Pleading; Proof

Sec. 115.045.  PLEADING;  PROOF.  (a)  In a complaint, information, or indictment that alleges a violation of a commission order, it is unnecessary to set forth fully the terms of the order and sufficient to allege the substance of the order or the pertinent terms of the order that are alleged to have been violated.
(b)  In a criminal action filed under this chapter, a certificate executed by a member or the secretary of the commission that shows the amount of allowable oil that may be produced per day or during a stated period from an oil well, proof of production from which is involved in the criminal action, is admissible and is prima facie evidence of the facts stated in the certificate.
(c)  This section does not limit the power of the commission to adopt rules or orders under the oil and gas conservation statutes of this state, including this title and Subtitle B, Title 3, Utilities Code.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.046. Venue

Sec. 115.046.  VENUE.  A criminal action maintained under this chapter must be brought in:
(1)  the county in which the oil or petroleum product involved in the criminal action is received or delivered;  or
(2)  any county in or through which that oil or petroleum product is transported.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 115 - Regulation of Certain Transporters of Oil or Petroleum Products › Subchapter D. Enforcement and Penalties › Section 115.047. Penalties

Sec. 115.047.  PENALTIES.  (a)  A person commits an offense if the person is the operator of a motor vehicle that transports oil or a petroleum product and the person:
(1)  intentionally fails to stop the vehicle on the command of an agent of the commission or peace officer;  or
(2)  intentionally fails to permit inspection by the agent or officer of the contents of or the shipping papers accompanying the vehicle.
(b)  A person commits an offense if the person:
(1)  knowingly violates Section 115.011, 115.015(a), 115.016, 115.018, 115.019, or 115.020;
(2)  knowingly ships or transports or causes to be shipped or transported unlawful oil or an unlawful petroleum product by motor vehicle over a public highway in this state;
(3)  knowingly ships or transports or causes to be shipped or transported by motor vehicle oil or a petroleum product without the authority of a tender if a tender is required by a commission order;  or
(4)  if a tender is required by a commission order, knowingly receives from a motor vehicle or knowingly delivers to a motor vehicle oil or a petroleum product that is not covered by a tender authorizing the transportation of the oil or petroleum product.
(c)  A person commits an offense if the person:
(1)  knowingly ships or transports or causes or permits to be shipped or transported by pipeline, railway, boat, or barge unlawful oil or an unlawful petroleum product;
(2)  knowingly receives or delivers for transportation by pipeline, railway, boat, or barge unlawful oil or an unlawful petroleum product;
(3)  knowingly ships or transports or causes or permits to be shipped or transported by pipeline, railway, boat, or barge oil or a petroleum product without authority of a tender if a tender is required by a commission order;  or
(4)  knowingly receives or delivers by pipeline, railway, boat, or barge oil or a petroleum product without authority of a tender if a tender is required by a commission order.
(d)  An offense under this section is punishable by a fine of not less than $50 or more than $200.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter A. General Provisions › Section 116.002. Exceptions

Sec. 116.002.  EXCEPTIONS.  This chapter does not apply to:
(1)  the production, transportation, storage, sale, or distribution of natural gas that is not included in the definition of compressed natural gas or liquefied natural gas;
(2)  the production, transportation, storage, sale, or distribution of natural gas that is subject to commission jurisdiction under Subtitle A or B, Title 3, Utilities Code;
(3)  pipelines, fixtures, and other equipment used in the natural gas industry that are not used or designed to be used as part of a CNG or LNG system;  or
(4)  pipelines, fixtures, equipment, or facilities to the extent that they are subject to the safety regulations promulgated and enforced by the commission pursuant to Chapter 117, Natural Resources Code, or Subchapter E, Chapter 121, Utilities Code.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 62, Sec. 18.42, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.011. Administration

Sec. 116.011.  ADMINISTRATION.  The commission shall administer and enforce this chapter and rules and standards adopted under this chapter relating to compressed natural gas and liquefied natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.012. Rules and Standards

Sec. 116.012.  RULES AND STANDARDS.  To protect the health, safety, and welfare of the general public, the commission shall adopt necessary rules and standards relating to the work of compression and liquefaction, storage, sale or dispensing, transfer or transportation, use or consumption, and disposal of compressed natural gas or liquefied natural gas.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.013. National Codes

Sec. 116.013.  NATIONAL CODES.  The commission may adopt by reference in its rules all or part of the published codes of nationally recognized societies as standards to be met in the design, construction, fabrication, assembly, installation, use, and maintenance of CNG or LNG components and equipment.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.014. Fees

Sec. 116.014.  FEES.  (a)  Fees collected by the commission under Section 116.034 of this code for training, examinations, and seminars must be deposited in a special fund in the state treasury designated as the CNG and LNG examination fund.  The commission shall use money in this fund to pay the cost of training, examinations, and seminars sponsored or administered by the commission.
(b)  Except as provided by Subsection (a) of this section, money collected by the commission as fees under this chapter shall be deposited in the general revenue fund.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.015. Entry on Property; Inspection and Investigation

Sec. 116.015.  ENTRY ON PROPERTY;  INSPECTION AND INVESTIGATION.  (a)  An employee, agent, or inspector of the commission may enter the premises of a licensee under this chapter or any building or other premises open to the public or inspect any CNG or LNG system or motor vehicle equipped with CNG or LNG equipment at any reasonable time for the purpose of determining and verifying compliance with this chapter and rules of the commission adopted under this chapter.
(b)  Any authorized representative of the LPG division may enter any building or premises where an accident has occurred in which CNG or LNG was a probable cause for purposes of investigating the cause, origin, and circumstances of such accident.  The LPG division may request that any state or local authority having jurisdiction take appropriate action as may be necessary for preservation of property and premises.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter B. Administrative Provisions › Section 116.016. Limitations on Rulemaking Authority

Sec. 116.016.  LIMITATIONS ON RULEMAKING AUTHORITY.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a licensee or registrant except to prohibit false, misleading, or deceptive practices.
(b)  In its rules to prohibit false, misleading, or deceptive practices, the commission may not include a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the use of a licensee or registrant's personal appearance or voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the licensee or registrant;  or
(4)  restricts the licensee or registrant's advertisement under a trade name.
Added by Acts 2001, 77th Leg., ch. 1233, Sec. 54, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.031. License Requirement

Sec. 116.031.  LICENSE REQUIREMENT.  (a)  Unless otherwise provided in this chapter or by commission rule, a person shall be required to obtain a license from the commission to engage in any of the following activities:
(1)  work that includes the assembly, repair, testing, sale, installation, or subframing of CNG cylinders or LNG containers for use in this state;
(2)  systems work that includes the installation, modification, or servicing of CNG or LNG systems for use in this state, including the installation, modification, or servicing by any person, except a political subdivision, of a CNG or LNG motor fuel system or mobile fuel system on a vehicle used in the transportation of the general public; or
(3)  product work that includes the sale, storage, transportation for delivery, or dispensing of CNG or LNG in this state.
(b)  A license obtained by a partnership, corporation, or other legal entity extends to the entity's employees who are performing CNG or LNG work, provided that each employee is qualified and registered as required by rules adopted by the commission.
(c)  No license is required by an original vehicle manufacturer or a subcontractor of such manufacturer for the installation and sale of a new CNG or LNG system when such system is installed on a new original vehicle fueled by CNG or LNG.
(d)  The commission by rule may provide for the annual registration of all individuals performing CNG-related or LNG-related activities who are exempt from the licensing requirements of the commission.  Employees of a political subdivision are not required to be licensed or registered under this chapter.
(e)  The commission shall adopt rules providing for the registration of persons engaged in the manufacture of CNG cylinders or LNG containers for use in this state.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 189 (H.B. 2127), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 116 - Compressed Natural Gas › Subchapter C. Licensing and Registration › Section 116.032. License and Registration Fees

Sec. 116.032.  LICENSE AND REGISTRATION FEES.  (a)  The commission shall adopt rules establishing registration fees and license categories and license fees to be charged for application for and issuance and renewal of a license or registration.
(b)  The commission by rule may establish reasonable fees for each category of license.
Added by Acts 1983, 68th Leg., p. 487, ch. 99, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 227, Sec. 1, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1233, Sec. 55, eff. Sept. 1, 2001.