reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter T. Saltwater Pipelines › Section 91.902. Pipeline on Public Road

Sec. 91.902.  PIPELINE ON PUBLIC ROAD.  A saltwater pipeline operator is entitled to install, maintain, and operate a saltwater pipeline facility through, under, along, across, or over a public road only if:
(1)  the pipeline facility complies with applicable rules adopted by the Texas Transportation Commission and applicable county and municipal regulations regarding the accommodation of utility facilities on a public road or right-of-way, including regulations relating to the horizontal or vertical placement of the pipeline facility;
(2)  the saltwater pipeline operator ensures that the public road and associated facilities are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline facility is complete; and
(3)  the saltwater pipeline operator leases the right-of-way or area in which the pipeline facility is installed and pays to the applicable governmental entity the fair market value of the operator's use of the right-of-way or area, unless the operator is authorized by other law to install, maintain, and operate the pipeline facility through, under, along, across, or over the public road.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1408 (S.B. 514), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter T. Saltwater Pipelines › Section 91.903. Relocation of Saltwater Pipeline Facility for Certain Purposes

Sec. 91.903.  RELOCATION OF SALTWATER PIPELINE FACILITY FOR CERTAIN PURPOSES.  (a)  Except as provided by Section 203.092, Transportation Code, the Texas Transportation Commission, the commissioners court of a county, or the governing body of a municipality, as applicable, may require a saltwater pipeline operator to relocate a saltwater pipeline facility at the cost of the saltwater pipeline operator to accommodate construction or expansion of a public road or for any other public work unless the saltwater pipeline operator has a property interest in the land occupied by the facility to be relocated.
(b)  The Texas Transportation Commission, the commissioners court of a county, or the governing body of a municipality, as applicable, shall give to the saltwater pipeline operator 30 days' written notice of the requirement. The notice must identify the pipeline facility to be relocated and indicate the approximate location on the new right-of-way where the saltwater pipeline operator may place the facility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1408 (S.B. 514), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter T. Saltwater Pipelines › Section 91.904. Construction of Subchapter

Sec. 91.904.  CONSTRUCTION OF SUBCHAPTER.  This subchapter may not be construed to:
(1)  limit the authority of a saltwater pipeline facility to use a public right-of-way under any other law;
(2)  affect the authority of a municipality to:
(A)  regulate the use of a public right-of-way by a saltwater pipeline operator under any other law; or
(B)  require payment of any applicable charge under Section 182.025, Tax Code; or
(3)  require a county or municipality to:
(A)  grant a right to a saltwater pipeline operator that applies to a public road or right-of-way and that is broader than the county's or municipality's legal interest in the public road or right-of-way; or
(B)  grant more than a surface right to a saltwater pipeline operator in a right-of-way acquired by prescription.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1408 (S.B. 514), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 91 - Provisions Generally Applicable › Subchapter T. Saltwater Pipelines › Section 91.905. Application of Other Law

Sec. 91.905.  APPLICATION OF OTHER LAW.  Section 212.153(e), Local Government Code, and Sections 203.092 and 224.008, Transportation Code, apply to saltwater pipeline operators and saltwater pipeline facilities in the same manner as they apply to utilities and utility facilities.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1408 (S.B. 514), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 968 (S.B. 2075), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.001. Purpose

Sec. 92.001.  PURPOSE.  It is the finding of the legislature that the rapidly expanding population and development of the cities and towns of this state and the concomitant need for adequate and affordable housing and suitable job opportunities call for full and efficient utilization and development of all the land resources of this state, as well as the full development of all the minerals of this state.  In view of that finding, it is the intent of the legislature that the mineral resources of this state be fully and effectively exploited and that all land in this state be maintained and utilized to its fullest and most efficient use.  It is the further finding of this legislature that it is necessary to exercise the authority of the legislature pursuant to Article XVI, Section 59, of the Constitution of the State of Texas to assure proper and orderly development of both the mineral and land resources of this state and that the enactment of this chapter will protect the rights and welfare of the citizens of this state.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.002. Definitions

Sec. 92.002.  DEFINITIONS.  In this chapter:
(1)  "Operations site" means a surface area of two or more acres located in whole or in part within a qualified subdivision, designated on the subdivision plat, that an owner of a possessory mineral interest may use to explore for and produce minerals.
(2)  "Possessory mineral interest" means a mineral interest that includes the right to use the land surface for exploration and production of minerals.
(3)  "Qualified subdivision" means a tract of land of not more than 640 acres:
(A)  that is located in a county having a population in excess of 400,000, or in a county having a population in excess of 140,000 that borders a county having a population in excess of 400,000 or located on a barrier island;
(B)  that has been subdivided in a manner authorized by law by the surface owners for residential, commercial, or industrial use;  and
(C)  that contains an operations site for each separate 80 acres within the 640-acre tract and provisions for road and pipeline easements to allow use of the operations site.
(4)  "Barrier island" means an island bordering on the Gulf of Mexico and entirely surrounded by water.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 274, Sec. 1, eff. June 11, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.003. Creation of Subdivision

Sec. 92.003.  CREATION OF SUBDIVISION.  The surface owners of a parcel of land may create a qualified subdivision on the land if a plat of the subdivision has been approved by the railroad commission and filed with the clerk of the county in which the subdivision is to be located.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.004. Hearing and Order by Railroad Commission

Sec. 92.004.  HEARING AND ORDER BY RAILROAD COMMISSION.  (a)  The railroad commission shall adopt rules governing the contents of an application for a qualified subdivision.  An application must be accompanied by a plat of the subdivision showing the applicant's proposed location of operations sites and road and pipeline easements.
(b)  The railroad commission shall, on notice to the applicant and owners of possessory mineral interests, hold a hearing on the application at which the commission shall consider the adequacy of the number and location of operations sites and road and pipeline easements.  At the hearing on the application, evidence may be presented by the applicant and the owners of possessory mineral interests.  After considering the evidence, the commission shall approve, reject, or amend the application to ensure that the mineral resources of the subdivision are fully and effectively exploited.  The applicant or the owner of the possessory mineral interest may appeal the order of the railroad commission as provided by law.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 274, Sec. 2, eff. June 11, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.005. Use of Operations Site

Sec. 92.005.  USE OF OPERATIONS SITE.  (a)  An owner of a possessory mineral interest within a qualified subdivision may use only the surface contained in designated operations sites for exploration, development, and production of minerals and the designated easements only as necessary to adequately use the operations sites.
(b)  The owner of the possessory mineral interest may drill wells or extend well bores from an operations site or from a site outside of the qualified subdivision under the surface of other parts of the qualified subdivision if the operations do not unreasonably interfere with the use of the surface of the qualified subdivision outside the operations site.
(c)  This section ceases to apply to a subdivision if, by the third anniversary of the date on which the order of the commission becomes final:
(1)  the surface owner has not commenced actual construction of roads or utilities within the qualified subdivision;  and
(2)  a lot within the qualified subdivision has not been sold to a third party.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts, 1987, 70th Leg., ch. 274, Sec. 3, eff. June 11, 1987.
Sec. 92.006.  AMENDMENT, REPLAT, OR ABANDONMENT.  All or any portion of a qualified subdivision may be amended, replatted, or abandoned by the surface owner.  An amendment or replat, however, may not alter, diminish, or impair the usefulness of an operations site or appurtenant road or pipeline easement unless the amendment or replat is approved by the commission in accordance with Section 92.003 of this code.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.  Amended by Acts 1987, 70th Leg., ch. 274, Sec. 4, eff. June 11, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 92 - Mineral Use of Subdivided Land › Section 92.007. Municipal Authority

Sec. 92.007.  MUNICIPAL AUTHORITY.  This chapter does not affect the authority of a municipality to require approval of subdivision plats or the authority of a home-rule city to regulate exploration and development of mineral interests within its boundaries.
Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter A. General Provisions › Section 101.001. Definition

Sec. 101.001.  DEFINITION.  In this chapter, "commission" means the Railroad Commission of Texas.
Acts 1977, 65th Leg., p. 2566, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter A. General Provisions › Section 101.002. Existing Agreement Rights

Sec. 101.002.  EXISTING AGREEMENT RIGHTS.  None of the provisions in this chapter restrict any of the rights that a person now may have to make and enter into unitization and pooling agreements.
Acts 1977, 65th Leg., p. 2566, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter A. General Provisions › Section 101.003. Applicability

Sec. 101.003.  APPLICABILITY.  None of the provisions in this chapter impair the power of the commission to prevent waste under the oil and gas conservation laws of the state except as provided in Section 101.004 or repeal, modify, or impair any of the provisions of Sections 85.002 through 85.003, 85.041 through 85.055, 85.056 through 85.064, 85.125, 85.201 through 85.207, 85.241 through 85.243, 85.249 through 85.252, or 85.381 through 85.385, Subchapter J of Chapter 85, or Subchapter P of Chapter 91, relating to oil and gas conservation.
Acts 1977, 65th Leg., p. 2566, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 7, eff. September 1, 2007.
Sec. 101.004.  CONFLICT WITH ANTITRUST ACTS.  (a)  Agreements and operations under agreements which are in accordance with the provisions in this chapter, being necessary to prevent waste and conserve the natural resources of this state, shall not be construed to be in violation of the provisions of Chapter 15, Business & Commerce Code, as amended.
(b)  If a court finds a conflict between the provisions in this chapter and Chapter 15, Business & Commerce Code, as amended, the provisions in this chapter are intended as a reasonable exception to that law, necessary for the public interests stated in Subsection (a) of this section.
(c)  If a court finds that a conflict exists between the provisions in this chapter and Chapter 15, Business & Commerce Code, as amended, and finds that the provisions in this chapter are not a reasonable exception to said Chapter 15, it is the intent of the legislature that the provisions in this chapter, or any conflicting portion of them, shall be declared invalid rather than declaring Chapter 15, Business & Commerce Code, as amended, or any portion of it, invalid.
Acts 1977, 65th Leg., p. 2567, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.011. Authorized Agreements for Separately Owned Properties

Sec. 101.011.  AUTHORIZED AGREEMENTS FOR SEPARATELY OWNED PROPERTIES.  Subject to the approval of the commission, as provided in this chapter, persons owning or controlling production, leases, royalties, or other interests in separate property in the same oil field, gas field, or oil and gas field may voluntarily enter into and perform agreements for either or both of the following purposes:
(1)  to establish pooled units, necessary to effect secondary recovery operations for oil or gas, including those known as cycling, recycling, repressuring, water flooding, and pressure maintenance and to establish and operate cooperative facilities necessary for the secondary recovery operations;
(2)  to establish pooled units and cooperative facilities necessary for the conservation and use of gas, including those for extracting and separating the hydrocarbons from the natural gas or casinghead gas and returning the dry gas to a formation underlying any land or leases committed to the agreement.
Acts 1977, 65th Leg., p. 2567, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.012. Persons Bound by Agreements

Sec. 101.012.  PERSONS BOUND BY AGREEMENTS.  Agreements for pooled units and cooperative facilities do not bind a landowner, royalty owner, lessor, lessee, overriding royalty owner, or any other person who does not execute them.  The agreements bind only the persons who execute them, their heirs, successors, assigns, and legal representatives.  No person shall be compelled or required to enter into such an agreement.
Acts 1977, 65th Leg., p. 2567, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.013. Commission Approval

Sec. 101.013.  COMMISSION APPROVAL.  (a)  Agreements for pooled units and cooperative facilities are not legal or effective until the commission finds, after application, notice, and hearing:
(1)  that the agreement is necessary to accomplish the purposes specified in Section 101.011 of this code;
(2)  that it is in the interest of the public welfare as being reasonably necessary to prevent waste and to promote the conservation of oil or gas or both;
(3)  that the rights of the owners of all the interests in the field, whether signers of the unit agreement or not, would be protected under its operation;
(4)  that the estimated additional cost, if any, of conducting the operation will not exceed the value of additional oil and gas so recovered, by or on behalf of the several persons affected, including royalty owners, owners of overriding royalties, oil and gas payments, carried interests, lien claimants, and others as well as the lessees;
(5)  that other available or existing methods or facilities for secondary recovery operations or for the conservation and utilization of gas in the particular area or field concerned or for both are inadequate for the purposes;  and
(6)  that the area covered by the unit agreement contains only that part of the field that has reasonably been defined by development, and that the owners of interests in the oil and gas under each tract of land in the area reasonably defined by development are given an opportunity to enter into the unit on the same yardstick basis as the owners of interests in the oil and gas under the other tracts in the unit.
(b)  A finding by the commission that the area described in the unit agreement is insufficient or covers more acreage than is necessary to accomplish the purposes of this chapter is grounds for the disapproval of the agreement.
Acts 1977, 65th Leg., p. 2568, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.014. Jointly Owned Properties

Sec. 101.014.  JOINTLY OWNED PROPERTIES.  None of the provisions in this chapter shall be construed to require the approval of the commission of voluntary agreements for the joint development and operation of jointly owned property.
Acts 1977, 65th Leg., p. 2568, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.015. Commission Regulation

Sec. 101.015.  COMMISSION REGULATION.  An agreement executed under the provisions of this chapter is subject to any valid order or rule of the commission relating to location, spacing, proration, conservation, or other matters within the authority of the commission, whether adopted prior to or subsequent to the execution of the agreement.
Acts 1977, 65th Leg., p. 2568, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.016. Permissible Provisions

Sec. 101.016.  PERMISSIBLE PROVISIONS.  (a)  An agreement authorized by this chapter may provide for the location and spacing of input wells and for the extension of leases covering any part of land committed to the unit as long as operations for drilling or reworking are conducted on the unit or as long as production of oil or gas in paying quantities is had from any part of the land or leases committed to the unit.  However, no agreement may relieve an operator from the obligation to develop reasonably the land and leases as a whole committed to the unit.
(b)  An agreement authorized by this chapter may provide that the dry gas after extraction of hydrocarbons may be returned to a formation underlying any land or leases committed to the agreement and may provide that no royalties are required to be paid on the gas so returned.
Acts 1977, 65th Leg., p. 2568, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.017. Prohibited Provisions

Sec. 101.017.  PROHIBITED PROVISIONS.  (a)  No agreement authorized by this chapter may attempt to contain the field rules for the area or field, or provide for or limit the amount of production of oil or gas from the unit properties, those provisions being solely the province of the commission.
(b)  No agreement authorized by this chapter may provide directly or indirectly for the cooperative refining of crude petroleum, distillate, condensate, or gas, or any by-product of crude petroleum, distillate, condensate, or gas.  The extraction of liquid hydrocarbons from gas, and the separation of the liquid hydrocarbons into propanes, butanes, ethanes, distillate, condensate, and natural gasoline, without any additional processing of any of them, is not considered to be refining.
(c)  No agreement authorized by this chapter may provide for the cooperative marketing of crude petroleum, condensate, distillate, or gas, or any by-products of them.
Acts 1977, 65th Leg., p. 2569, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter B. Cooperative Agreements in Secondary Recovery Operations › Section 101.018. Effect of Approval Outside of Unit

Sec. 101.018.  EFFECT OF APPROVAL OUTSIDE OF UNIT.  The approval of an agreement authorized by this chapter shall not of itself be construed as a finding that operations of a different kind or character in the portion of the field outside of the unit are wasteful or not in the interest of conservation.
Acts 1977, 65th Leg., p. 2569, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter C. Public Land › Section 101.051. Authority of Commissioner of General Land Office

Sec. 101.051.  AUTHORITY OF COMMISSIONER OF GENERAL LAND OFFICE.  Subject to the approval specified in Section 101.052 of this code, the Commissioner of the General Land Office, on behalf of the State of Texas or of any fund belonging to the state, may execute contracts committing to the agreements declared lawful by the provisions of this chapter (1) the royalty interests in oil or gas or both reserved to the state, or any fund of the state, by law, in any patent, in any contract of sale, or under the terms of any oil and gas lease lawfully issued by an official, board, agent, agency, or authority of the state or (2) the free royalty interests, whether leased or unleased, reserved to the state pursuant to Section 51.201 or 51.054 of this code.
Acts 1977, 65th Leg., p. 2569, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 33, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 101 - Cooperative Development › Subchapter C. Public Land › Section 101.052. Necessary Approval by Other Persons and State Agencies

Sec. 101.052.  NECESSARY APPROVAL BY OTHER PERSONS AND STATE AGENCIES.  (a)  An agreement that commits (1) the royalty interests in land set apart by the constitution and laws of this state for the permanent free school fund and the several asylum funds, in river beds, inland lakes, and channels, and the area within tidewater limits, including islands, lakes, bays, inlets, marshes, reefs, and the bed of the sea, or (2) the free royalty interests, whether leased or unleased, reserved to the state pursuant to Section 51.201 or 51.054 of this code, must be approved by the School Land Board.
(b)  An agreement that covers land leased for oil and gas under the Relinquishment Act, codified as Subchapter F in Chapter 52 of this code, must be executed by the owners of the soil.
(c)  An agreement that commits the royalty interests in land or areas other than those covered by Subsections (a) and (b) of this section must be approved by the board, official, agent, agency, or authority of the state vested with authority to lease or to approve the leasing of the land or areas for oil and gas.
Acts 1977, 65th Leg., p. 2569, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 34, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter A. General Provisions › Section 102.001. Title

Sec. 102.001.  TITLE.  This chapter may be cited as the Mineral Interest Pooling Act.
Acts 1977, 65th Leg., p. 2570, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter A. General Provisions › Section 102.002. Definitions

Sec. 102.002.  DEFINITIONS.  In this chapter:
(1)  "Mineral" means and is limited to oil and gas.
(2)  "Commission" means the Railroad Commission of Texas.
Acts 1977, 65th Leg., p. 2570, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter A. General Provisions › Section 102.003. Application to Certain Reservoirs

Sec. 102.003.  APPLICATION TO CERTAIN RESERVOIRS.  The provisions of this chapter do not apply to any reservoir discovered and produced before March 8, 1961.
Acts 1977, 65th Leg., p. 2571, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter A. General Provisions › Section 102.004. Application to Public Land

Sec. 102.004.  APPLICATION TO PUBLIC LAND.  (a)  The provisions of this chapter do not apply to land owned by the State of Texas nor to land in which the State of Texas has an interest directly or indirectly.
(b)  The provisions of this chapter do not amend, repeal, change, alter, or affect in any manner the authority or jurisdiction of the Commissioner of the General Land Office or the State of Texas with respect to any land or interest in land in which the Commissioner of the General Land Office has jurisdiction.
(c)  The provisions of this chapter do not amend, repeal, change, alter, or affect in any manner the authority, jurisdiction, or consent of the Commissioner of the General Land Office on the pooling of any interest now subject to the jurisdiction, authority, or consent of the Commissioner of the General Land Office.
(d)  With the approval or consent first obtained, or at the instance of the Commissioner of the General Land Office, or any board or agency having jurisdiction, the land in which the State of Texas has an interest as described in this chapter may be pooled under the provisions of this chapter.
Acts 1977, 65th Leg., p. 2571, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.011. Authority of Commission

Sec. 102.011.  AUTHORITY OF COMMISSION.  When two or more separately owned tracts of land are embraced in a common reservoir of oil or gas for which the commission has established the size and shape of proration units, whether by temporary or permanent field rules, and where there are separately owned interests in oil and gas within an existing or proposed proration unit in the common reservoir and the owners have not agreed to pool their interests, and where at least one of the owners of the right to drill has drilled or has proposed to drill a well on the existing or proposed proration unit to the common reservoir, the commission, on the application of an owner specified in Section 102.012 of this code and for the purpose of avoiding the drilling of unnecessary wells, protecting correlative rights, or preventing waste, shall establish a unit and pool all of the interests in the unit within an area containing the approximate acreage of the proration unit, which unit shall in no event exceed 160 acres for an oil well or 640 acres for a gas well plus 10 percent tolerance.
Acts 1977, 65th Leg., p. 2571, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.012. Owners Authorized to Apply for Pooling

Sec. 102.012.  OWNERS AUTHORIZED TO APPLY FOR POOLING.  The following interested owners may apply to the commission for the pooling of mineral interests:
(1)  the owner of any interest in oil and gas in an existing proration unit or with respect to a proposed unit;
(2)  the owner of any working interest;  or
(3)  any owner of an unleased tract other than a royalty owner.
Acts 1977, 65th Leg., p. 2571, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.013. Required Voluntary Pooling Offer

Sec. 102.013.  REQUIRED VOLUNTARY POOLING OFFER.  (a)  The applicant shall set forth in detail the nature of voluntary pooling offers made to the owners of the other interests in the proposed unit.
(b)  The commission shall dismiss the application if it finds that a fair and reasonable offer to pool voluntarily has not been made by the applicant.
(c)  An offer by an owner of a royalty or any other interest in oil or gas within an existing proration unit to share on the same yardstick basis as the other owners within the existing proration unit are then sharing shall be considered a fair and reasonable offer.
Acts 1977, 65th Leg., p. 2572, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.014. Productive Acreage Equal to Standard Proration Unit

Sec. 102.014.  PRODUCTIVE ACREAGE EQUAL TO STANDARD PRORATION UNIT.  (a)  The commission shall not require the owner of a mineral interest, the productive acreage of which is equal to or in excess of the standard proration unit for the reservoir, to pool his interest with others unless requested by the holder of an adjoining mineral interest, the productive acreage of which is smaller than such pattern, who has not been provided a reasonable opportunity to pool voluntarily.
(b)  If the conditions specified in Subsection (a) of this section exist, the commission shall pool the smaller tract with adjacent acreage on a fair and reasonable basis and may authorize a larger allowable for the unit if it exceeds the size of the standard proration unit for the reservoir.
Acts 1977, 65th Leg., p. 2572, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.015. Prohibited Provisions in Operating Agreement

Sec. 102.015.  PROHIBITED PROVISIONS IN OPERATING AGREEMENT.  A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable if it provides for an operating agreement containing any of the following provisions:
(1)  preferential right of the operator to purchase mineral interests in the unit;
(2)  a call on or option to purchase production from the unit;
(3)  operating charges that include any part of district or central office expense other than reasonable overhead charges;  or
(4)  prohibition against nonoperators questioning the operation of the unit.
Acts 1977, 65th Leg., p. 2572, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.016. Notice of Hearing

Sec. 102.016.  NOTICE OF HEARING.  On the filing of an application for pooling of interests into a unit under the provisions of this chapter, at least 30 days notice before hearing on the application shall be given to all interested parties, including notice by publication if there are unknown owners or owners whose whereabouts are unknown.  The notice shall be given in the manner and form prescribed by the commission.
Acts 1977, 65th Leg., p. 2572, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.017. Pooling Order

Sec. 102.017.  POOLING ORDER.  (a)  After notice and hearing, all orders effecting the pooling shall be made on terms and conditions that are fair and reasonable and will afford the owner or owners of each tract or interest in the unit the opportunity to produce or receive his fair share.
(b)  Each order shall:
(1)  describe the land included in the unit, identifying the reservoir to which it applies;
(2)  designate the location of the well;  and
(3)  appoint an operator for the unit.
Acts 1977, 65th Leg., p. 2572, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter B. Requirements and Procedure for Pooling › Section 102.018. Acreage Subject to Pooling

Sec. 102.018.  ACREAGE SUBJECT TO POOLING.  The commission shall pool only the acreage which at the time of its order reasonably appears to lie within the productive limits of the reservoir.
Acts 1977, 65th Leg., p. 2573, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter C. Rights in a Pooled Unit › Section 102.051. Ownership of Production

Sec. 102.051.  OWNERSHIP OF PRODUCTION.  (a)  For the purpose of determining the portions of production owned by the persons owning interests in the pooled unit, the production shall be allocated to the respective tracts within the unit in the proportion that the number of surface acres included within each tract bears to the number of surface acres included in the entire unit.
(b)  Notwithstanding the provisions in Subsection (a) of this section, if the commission finds that allocation on a surface-acreage basis does not allocate to each tract its fair share, the commission shall allocate the production so that each tract will receive its fair share, which for any nonconsenting owner shall be no less than he would receive under a surface-acreage allocation.
Acts 1977, 65th Leg., p. 2573, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter C. Rights in a Pooled Unit › Section 102.052. Drilling and Completion Costs

Sec. 102.052.  DRILLING AND COMPLETION COSTS.  (a)  As to an owner who elects not to pay his proportionate share of the drilling and completion costs in advance, the commission shall make provision in the pooling order for reimbursement solely out of production, to the parties advancing the costs, of all actual and reasonable drilling, completion, and operating costs plus a charge for risk not to exceed 100 percent of the drilling and completion costs.
(b)  If there is a dispute relative to the costs, the commission shall determine the proper costs and their allocation among working interest owners after due notice to interested parties and a hearing on the costs.
Acts 1977, 65th Leg., p. 2573, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter C. Rights in a Pooled Unit › Section 102.053. Effect of Operations

Sec. 102.053.  EFFECT OF OPERATIONS.  (a)  The operations on and production from any portion of a unit for which a pooling order has been entered shall be considered for all purposes the conduct of the operations on and production from each separately owned tract in the pooled unit.  If a gas well on a pooled unit is shut-in, it shall be considered that the shut-in gas well is on each separately owned tract in the pooled unit.
(b)  If only part of a tract is included in the unit, operations on, production from, or a shut-in gas well on the unit shall maintain an oil and gas lease on the tract as to the part excluded from the unit only if the lease would be maintained had the unit been created voluntarily under the provisions of the lease.
Acts 1977, 65th Leg., p. 2573, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter D. Dissolution of Unit › Section 102.081. Dissolved With Consent of Owners

Sec. 102.081.  DISSOLVED WITH CONSENT OF OWNERS.  A unit established by order of the commission under this chapter may not be modified or dissolved subsequently without the consent of all mineral owners affected, except as necessary to permit its enlargement as provided in Subchapter B of this chapter.
Acts 1977, 65th Leg., p. 2573, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter D. Dissolution of Unit › Section 102.082. Automatic Dissolution

Sec. 102.082.  AUTOMATIC DISSOLUTION.  A unit is automatically dissolved:
(1)  two years after its effective date if no production or drilling operations have been had on the unit or surface location for the unit;
(2)  six months after the completion of a dry hole on the unit; or
(3)  six months after cessation of production from the unit.
Acts 1977, 65th Leg., p. 2574, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 57 (H.B. 3226), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter D. Dissolution of Unit › Section 102.083. Termination of Pooled Lease

Sec. 102.083.  TERMINATION OF POOLED LEASE.  On termination of a lease pooled by order of the commission under authority granted by this chapter, interests covered by the lease are considered pooled as unleased mineral interests.
Acts 1977, 65th Leg., p. 2574, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter E. Judicial Review › Section 102.111. Right to Appeal

Sec. 102.111.  RIGHT TO APPEAL.  A person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in a manner other than by trial de novo.
Acts 1977, 65th Leg., p. 2574, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 102 - Pooling › Subchapter E. Judicial Review › Section 102.112. Venue

Sec. 102.112.  VENUE.  Appeal shall be to the district court of the county in which the land or any part of the land covered by the order is located and not elsewhere, notwithstanding the provisions of Sections 85.241 through 85.243 of this code.
Acts 1977, 65th Leg., p. 2574, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter A. General Provisions › Section 103.001. Definition

Sec. 103.001.  DEFINITION.  In this chapter, "commission" means the Railroad Commission of Texas.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter A. General Provisions › Section 103.002. Rights Existing on May 12, 1953

Sec. 103.002.  RIGHTS EXISTING ON MAY 12, 1953.  None of the provisions in this chapter restrict any of the rights that persons had on May 12, 1953, to make and enter into contracts for the construction and operation of cooperative facilities as provided in this chapter.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Sec. 103.003.  CONFLICT WITH ANTITRUST LAWS.  (a)  Agreements and operations under agreements that are in accordance with the provisions in this chapter, being necessary to prevent waste and conserve the natural resources of this state, shall not be construed to be in violation of the provisions of Chapter 15, Business & Commerce Code, as amended.
(b)  If a court finds a conflict between the provisions in this chapter and Chapter 15, Business & Commerce Code, as amended, the provisions in this chapter are intended as a reasonable exception necessary for the public interest stated in Subsection (a) of this section.
(c)  If a court finds that a conflict exists between the provisions in this chapter and the laws cited in Subsections (a) and (b) of this section and finds that the provisions in this chapter are not a reasonable exception, it is the intent of the legislature that the provisions in this chapter, or any conflicting portion of them, shall be declared invalid rather than declaring the cited laws, or any portion of them, invalid.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.041. Authorized Cooperative Facilities for Separately Owned Property

Sec. 103.041.  AUTHORIZED COOPERATIVE FACILITIES FOR SEPARATELY OWNED PROPERTY.  The commission may approve agreements by persons owning or controlling leases or other interests in separate property in oil fields, gas fields, or oil and gas fields for the construction and operation of cooperative facilities necessary for the conservation and utilization of gas, including facilities for extracting and separating hydrocarbons from gas or casinghead gas.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.042. Commission Approval

Sec. 103.042.  COMMISSION APPROVAL.  Agreements for the construction and operation of cooperative facilities shall be approved by the commission only after application, notice, and hearing, and a finding by the commission that the cooperative facilities are in the interest of conservation and that secondary recovery operations are not feasible or necessary.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.043. Cooperative Refining

Sec. 103.043.  COOPERATIVE REFINING.  (a)  No agreement for the construction or operation of cooperative facilities may provide directly or indirectly for the cooperative refining of oil, distillate, condensate, or gas, or any by-product of oil, distillate, condensate, or gas.
(b)  The extraction of liquid hydrocarbons from gas and the separation of liquid hydrocarbons into butanes, propanes, ethanes, distillate, condensate, and natural gasoline without any additional processing of any of them is not considered to be refining.
Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.044. Cooperative Marketing

Sec. 103.044.  COOPERATIVE MARKETING.  No agreement for the construction or operation of cooperative facilities may provide for the cooperative marketing of oil, condensate, distillate, or gas, or any by-product of oil, condensate, distillate, or gas.
Acts 1977, 65th Leg., p. 2576, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.045. Effect of Approval on Operations in Other Fields

Sec. 103.045.  EFFECT OF APPROVAL ON OPERATIONS IN OTHER FIELDS.  The approval of an agreement authorized by this chapter is not of itself a finding that similar operations in other fields are wasteful or not in the interest of conservation.
Acts 1977, 65th Leg., p. 2576, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle C - Pooling and Cooperative Agreements › Chapter 103 - Cooperative Facilities for Conservation and Utilization of Gas › Subchapter B. Facilities for Conservation and Utilization of Gas › Section 103.046. Jointly Owned Property

Sec. 103.046.  JOINTLY OWNED PROPERTY.  None of the provisions in this chapter require the approval of the commission of voluntary agreements for the joint development and operation of jointly owned property.
Acts 1977, 65th Leg., p. 2576, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.