reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.058. Administrative Penalty for Certain Natural Gas-Related Activities

Sec. 81.058.  ADMINISTRATIVE PENALTY FOR CERTAIN NATURAL GAS-RELATED ACTIVITIES.  (a)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, gatherer, shipper, or seller of natural gas, a person described by Section 81.051(a) or 111.081(a), or any other entity under the jurisdiction of the commission under this code that the commission determines has:
(1)  violated a commission rule adopting standards or a code of conduct for entities in the natural gas industry prohibiting unlawful discrimination; or
(2)  unreasonably discriminated against a seller of natural gas in the purchase of natural gas from the seller.
(b)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, or gatherer of natural gas if the commission determines that the person engaged in prohibited discrimination against a shipper or seller of natural gas because the shipper or seller filed a formal or informal complaint with the commission against the person relating to the person's purchase, transportation, or gathering of the gas.
(c)  The commission, after notice and opportunity for hearing, may impose an administrative penalty against a purchaser, transporter, gatherer, shipper, or seller of natural gas who is a party to an informal complaint resolution proceeding and is determined by the commission to have:
(1)  failed to participate in the proceeding; or
(2)  failed to provide information requested by a mediator in the proceeding.
(d)  An administrative penalty imposed under this section may not exceed $5,000 a day for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under this section.
(e)  If the commission determines after notice and opportunity for hearing that an entity has engaged in prohibited discrimination for which a penalty may be imposed under this section, the commission may issue any order necessary and reasonable to prevent the discrimination from continuing.
(f)  The remedy provided by this section is cumulative of any other remedy the commission may order.
Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.059. Appointment of Mediators for Informal Complaints

Sec. 81.059.  APPOINTMENT OF MEDIATORS FOR INFORMAL COMPLAINTS.  (a)  The commission may provide for the appointment of a commission staff member as the mediator of an informal complaint filed with the commission, or the parties may agree to employ and pay an independent mediator for the purpose of mediating the complaint.
(b)  If the parties request that the mediation be conducted at a location other than the offices of the commission in Austin, the parties shall reimburse the commission for the commission's costs related to travel to those other locations.
(c)  This section does not prohibit the commission from requiring that the parties participate in a formal complaint resolution proceeding.
(d)  At least annually, the commission shall notify oil and gas producers of the existence of any informal complaint resolution process provided for by the commission.
(e)  Filing an informal complaint is not a prerequisite for filing a formal complaint.
Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0591. Complaints

Sec. 81.0591.  COMPLAINTS.  (a)  The commission shall maintain a file on each written complaint filed with the commission.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(b)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
(c)  The commission, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.0592. Consumer Interest Information

Sec. 81.0592.  CONSUMER INTEREST INFORMATION.  (a)  The commission shall prepare information of consumer interest describing the regulatory functions of the commission and the procedures by which consumer complaints are filed with and resolved by the commission.
(b)  The commission shall make the information available to the public and appropriate state agencies.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.060. Confidentiality Provisions

Sec. 81.060.  CONFIDENTIALITY PROVISIONS.  (a)  A confidentiality provision may not be required in a contract to which a producer is a party for the sale, transportation, or gathering of natural gas that is entered into on or after September 1, 2007.
(b)  A confidentiality provision in a contract to which a producer is a party for the sale, transportation, or gathering of natural gas that was entered into before September 1, 2007, becomes unenforceable on the date the term of the contract expires.
Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.061. Authority to Establish Market-Based Rates

Sec. 81.061.  AUTHORITY TO ESTABLISH MARKET-BASED RATES.  (a)  This section does not apply to rates established under Chapter 103, Utilities Code, or Subchapter C or G, Chapter 104, of that code.
(b)  The commission may use a cost-of-service method or a market-based rate method in setting a rate in a formal rate proceeding.
(c)  On the filing of a complaint by a shipper or seller of natural gas, the commission may set a transportation or gathering rate in a formal rate proceeding if the commission determines that the rate is necessary to remedy unreasonable discrimination in the provision of transportation or gathering services.  The commission may set a rate regardless of whether the transporter or gatherer is classified as a utility by other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 757 (H.B. 3273), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.062. Public Participation

Sec. 81.062.  PUBLIC PARTICIPATION.  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.063. Issuance, Suspension, or Revocation of License, Permit, or Certificate

Sec. 81.063.  ISSUANCE, SUSPENSION, OR REVOCATION OF LICENSE, PERMIT, OR CERTIFICATE.  (a)  If the commission proposes to suspend or revoke a person's license, permit, or certificate of public convenience and necessity, the person is entitled to a hearing before the commission.
(b)  The commission may not:
(1)  refuse to issue a license, permit, or certificate to a person because of the person's race, religion, color, sex, or national origin; or
(2)  revoke or suspend the license, permit, or certificate of a person because of the person's race, religion, color, sex, or national origin.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.064. Powers of Commissioner or Designated Employee in Cases Before Commission

Sec. 81.064.  POWERS OF COMMISSIONER OR DESIGNATED EMPLOYEE IN CASES BEFORE COMMISSION.  (a)  In a case before the commission, a commissioner, or an authorized commission employee, designated by the commission for that purpose, in the same manner as if the entire commission were present, may:
(1)  hold a hearing;
(2)  conduct an investigation;
(3)  make a record of a hearing or investigation for the use and benefit of the commission;
(4)  administer an oath;
(5)  certify to an official act; and
(6)  compel the attendance of a witness and the production of papers, books, accounts, and other pertinent documents and testimony.
(b)  The record of a hearing or investigation made under this section that is certified to by the commissioner or employee has the same effect as if made before the commission.  The commission shall determine a case in which the record is made under this section in the same manner as if the record had been made before the commission.
(c)  The commission may punish for contempt a person who:
(1)  refuses to comply with this section; or
(2)  obstructs or attempts to obstruct a proceeding under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.03, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.065. Alternative Dispute Resolution Policy

Sec. 81.065.  ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The commission shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for alternative dispute resolution; and
(3)  collect information concerning the effectiveness of those procedures.
Added by Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.066. Oil and Gas Division Monitoring and Enforcement Strategic Plan

Sec. 81.066.  OIL AND GAS DIVISION MONITORING AND ENFORCEMENT STRATEGIC PLAN.  (a)  The oil and gas division of the commission shall develop and publish an annual plan for each state fiscal year to use the oil and gas monitoring and enforcement resources of the commission strategically to ensure public safety and protect the environment.
(b)  The commission shall seek input from stakeholders when developing each annual plan.
(c)  The commission shall collect and maintain information that accurately shows the commission's oil and gas monitoring and enforcement activities.  Each annual plan must include a report of the information collected by the commission that shows the commission's oil and gas monitoring and enforcement activities over time.
(d)  The information described by Subsection (c) must include data regarding violations of statutes or commission rules that relate to oil and gas, including:
(1)  the number, type, and severity of:
(A)  violations the commission found to have occurred;
(B)  violations the commission referred for enforcement to the section of the commission responsible for enforcement; and
(C)  violations for which the commission imposed a penalty or took other enforcement action;
(2)  the number of major violations for which the commission imposed a penalty or took other enforcement action; and
(3)  the number of repeat major violations, categorized by individual oil or gas lease, if applicable.
(e)  The commission shall publish each annual plan on the commission's Internet website not later than July 1 of the year preceding the state fiscal year in which the commission implements the plan.
Added by Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.067. Oil and Gas Regulation and Cleanup Fund

Sec. 81.067.  OIL AND GAS REGULATION AND CLEANUP FUND.  (a)  The oil and gas regulation and cleanup fund is created as an account in the general revenue fund of the state treasury.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 55 (H.B. 2675), Sec. 3, eff. September 1, 2019.
(c)  The fund consists of:
(1)  proceeds from bonds and other financial security required by this chapter and benefits under well-specific plugging insurance policies described by Section 91.104(c) that are paid to the state as contingent beneficiary of the policies, subject to the refund provisions of Section 91.1091, if applicable;
(2)  private contributions, including contributions made under Section 89.084;
(3)  expenses collected under Section 89.083;
(4)  fees imposed under Section 85.2021;
(5)  costs recovered under Section 91.457 or 91.459;
(6)  proceeds collected under Sections 89.085 and 91.115;
(7)  interest earned on the funds deposited in the fund;
(8)  oil and gas waste hauler permit application fees collected under Section 29.015, Water Code;
(9)  costs recovered under Section 91.113(f);
(10)  hazardous oil and gas waste generation fees collected under Section 91.605;
(11)  oil-field cleanup regulatory fees on oil collected under Section 81.116;
(12)  oil-field cleanup regulatory fees on gas collected under Section 81.117;
(13)  fees for a reissued certificate collected under Section 91.707;
(14)  fees collected under Section 91.1013;
(15)  fees collected under Section 89.088;
(16)  fees collected under Section 91.142;
(17)  fees collected under Section 91.654;
(18)  costs recovered under Sections 91.656 and 91.657;
(19)  fees collected under Section 81.0521;
(20)  fees collected under Sections 89.024 and 89.026;
(21)  legislative appropriations;
(22)  any surcharges collected under Section 81.070;
(23)  fees collected under Section 91.0115;
(24)  fees collected under Subchapter E, Chapter 121, Utilities Code;
(25)  fees collected under Section 27.0321, Water Code;
(26)  fees collected under Section 81.071; and
(27)  money collected under Section 81.021.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.02, eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 10, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1075 (H.B. 3309), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 27, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 3, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 72 (S.B. 1422), Sec. 2, eff. May 22, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 13.001, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 55 (H.B. 2675), Sec. 3, eff. September 1, 2019.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 11.001, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.068. Purposes of Oil and Gas Regulation and Cleanup Fund

Sec. 81.068.  PURPOSES OF OIL AND GAS REGULATION AND CLEANUP FUND.  Money in the oil and gas regulation and cleanup fund may be used by the commission or its employees or agents for any purpose related to the regulation of oil and gas development, including oil and gas monitoring and inspections, oil and gas remediation, and oil and gas well plugging, the study and evaluation of electronic access to geologic data and surface casing depths necessary to protect usable groundwater in this state, the administration of pipeline safety and regulatory programs, public information and services related to those activities, and administrative costs and state benefits for personnel involved in those activities.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.02, eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 11, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1075 (H.B. 3309), Sec. 2, eff. September 1, 2013.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 28, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.070. Establishment of Surcharges on Fees

Sec. 81.070.  ESTABLISHMENT OF SURCHARGES ON FEES.  (a)  Except as provided by Subsection (b), the commission by rule shall provide for the imposition of reasonable surcharges as necessary on fees imposed by the commission that are required to be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067 in amounts sufficient to enable the commission to recover the costs of performing the functions specified by Section 81.068 from those fees and surcharges.
(b)  The commission may not impose a surcharge on an oil-field cleanup regulatory fee on oil collected under Section 81.116 or an oil-field cleanup regulatory fee on gas collected under Section 81.117.
(c)  The commission by rule shall establish a methodology for determining the amount of a surcharge that takes into account:
(1)  the time required for regulatory work associated with the activity in connection with which the surcharge is imposed;
(2)  the number of individuals or entities from which the commission's costs may be recovered;
(3)  the effect of the surcharge on operators of all sizes, as measured by the number of oil or gas wells operated;
(4)  the balance in the oil and gas regulation and cleanup fund; and
(5)  any other factors the commission determines to be important to the fair and equitable imposition of the surcharge.
(d)  The commission shall collect a surcharge on a fee at the time the fee is collected.
(e)  A surcharge collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067.
(f)  A surcharge collected under this section shall not exceed an amount equal to 185 percent of the fee on which it is imposed.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.02, eff. September 28, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.071. Pipeline Safety and Regulatory Fees

Sec. 81.071.  PIPELINE SAFETY AND REGULATORY FEES.  (a)  The commission by rule may establish pipeline safety and regulatory fees to be assessed for permits or registrations for pipelines under the jurisdiction of the commission's pipeline safety and regulatory program.
(b)  The commission may establish fees to be assessed annually against permit or registration holders, as well as individual fees for new permits or registrations, permit or registration renewals, and permit or registration amendments.
(c)  The fees must be in amounts that in the aggregate are sufficient to support all pipeline safety and regulatory program costs, including:
(1)  permitting or registration costs;
(2)  administrative costs; and
(3)  costs of employee salaries and benefits.
(d)  The commission by rule must establish the method or methods by which the fees will be calculated and assessed so that fee amounts will reflect the time spent and costs incurred to perform the regulatory work associated with permitting or registering pipelines, the effects of required fees on operators of all sizes, and other factors the commission determines are important to the fair imposition of the fees.  The commission may base the fees on any factor the commission considers necessary to efficiently and fairly recover the pipeline safety and regulatory program's costs, including:
(1)  the length of the pipeline;
(2)  the number of new permits or registrations, permit or registration renewals, or permit or registration amendments; or
(3)  the number of pipeline systems.
(e)  The commission by rule may establish a reasonable late payment penalty for a fee charged under this section.
(f)  The authority provided by this section is in addition to the authority provided by Section 121.211, Utilities Code, and the commission shall consider any fees assessed under that section in establishing the fees to be assessed under this section.
(g)  A fee collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067.
Added by Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.072. Verification by Contractors

Sec. 81.072.  VERIFICATION BY CONTRACTORS.  (a) In this section, "E-verify program" has the meaning assigned by Section 673.001, Government Code.
(b)  The commission may not award a contract for goods or services in this state to a contractor unless the contractor and any subcontractor register with and participate in the E-verify program to verify employee information. The contractor and any subcontractor shall continue to participate in the program during the term of the contract.
(c)  The commission shall develop procedures for the administration of the E-verify program under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 57 (H.B. 1818), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.073. Critical Natural Gas Facilities and Entities

Sec. 81.073.  CRITICAL NATURAL GAS FACILITIES AND ENTITIES.  (a) The commission shall collaborate with the Public Utility Commission of Texas to adopt rules to establish a process to designate certain natural gas facilities and entities associated with providing natural gas in this state as critical customers or critical gas suppliers during energy emergencies.
(b)  The rules must:
(1)  establish criteria for designating persons who own or operate a facility under the jurisdiction of the commission under Section 81.051(a) or engage in an activity under the jurisdiction of the commission under Section 81.051(a) who must provide critical customer and critical gas supply information, as defined by the commission, to the entities described by Section 38.074(b)(1), Utilities Code;
(2)  consider essential operational elements when defining critical customer designations and critical gas supply information for the purposes of Subdivision (1), including natural gas production, processing, and transportation, related produced water handling and disposal facilities, and the delivery of natural gas to generators of electric energy; and
(3)  require that only facilities and entities that are prepared to operate during a weather emergency may be designated as a critical customer under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 4, eff. June 8, 2021.
For expiration of this section, see Subsection (h).
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter C. Jurisdiction, Powers, and Duties › Section 81.075. Texas Hydrogen Production Policy Council

Sec. 81.075.  TEXAS HYDROGEN PRODUCTION POLICY COUNCIL.  (a)  In this section, "council" means the Texas hydrogen production policy council.
(b)  The Texas hydrogen production policy council is established within the commission to study and make recommendations relating to the commission's policy framework for hydrogen energy development.
(c)  The council is composed of:
(1)  the chair of the commission or the chair's designee; and
(2)  not more than 11 members appointed by the commission to represent as many different types of participants as possible, including at least three but not more than five representatives from the hydrogen industry.
(d)  The commissioner or the commissioner's designee is the chair of the council.
(e)  A member of the council is not entitled to compensation or reimbursement of expenses for service on the council.
(f)  The council:
(1)  shall study the development of hydrogen industries in this state, including the development of facilities for the production, pipeline transportation, and storage of hydrogen;
(2)  shall monitor regional efforts for the application and development of a regional clean hydrogen hub authorized under the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) or another federal act;
(3)  may coordinate actions with other state agencies in supporting an application for a regional clean hydrogen hub described by Subdivision (2); and
(4)  shall develop a state plan for hydrogen production oversight by the commission.
(g)  The council shall make recommendations to the legislature relating to legislative changes needed for the oversight and regulation of production, pipeline transportation, and storage of hydrogen.
(h)  The council is abolished and this section expires on January 1, 2030.
Added by Acts 2023, 88th Leg., R.S., Ch. 734 (H.B. 2847), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter D. Witnesses › Section 81.091. Incriminating Testimony

Sec. 81.091.  INCRIMINATING TESTIMONY.  If a witness fails or refuses to appear on being summoned, to answer any question he is asked, or to produce any record or data required by subpoena, the claim that the testimony may tend to incriminate the person giving it does not excuse the witness from testifying or producing the records and data, but the evidence or testimony may not be used against the person on the trial of any criminal proceeding.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter D. Witnesses › Section 81.092. Fee for Executing Process

Sec. 81.092.  FEE FOR EXECUTING PROCESS.  The sheriff or constable executing process shall receive the compensation authorized by the commission.
Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter D. Witnesses › Section 81.093. Depositions

Sec. 81.093.  DEPOSITIONS.  (a)  In a matter pending for hearing before the commission or a division of the commission, the commission or an interested party may produce the testimony of a witness by written or oral deposition instead of compelling the personal attendance of the witness.  For that purpose, the commission may issue a commission or other process necessary to take a deposition.
(b)  The deposition shall be taken, to the extent applicable and to the greatest extent possible, in accordance with the provisions of the Texas Rules of Civil Procedure relating to written and oral depositions.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 3.04, eff. April 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter E. Fees › Section 81.115. Appropriations to Commission for Oil and Gas Regulation and Cleanup Purposes

Sec. 81.115.  APPROPRIATIONS TO COMMISSION FOR OIL AND GAS REGULATION AND CLEANUP PURPOSES.  Money appropriated to the commission under the General Appropriations Act for the purposes described by Section 81.068 shall be paid from the oil and gas regulation and cleanup fund or other fund indicated by the appropriation.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 144, ch. 65, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.03, eff. September 28, 2011.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter E. Fees › Section 81.116. Oil-Field Cleanup Regulatory Fee on Oil

Sec. 81.116.  OIL-FIELD CLEANUP REGULATORY FEE ON OIL.  (a)  An oil-field cleanup regulatory fee is imposed on crude petroleum produced in this state in the amount of five-eighths of one cent on each barrel of 42 standard gallons.
(b)  The fee is in addition to, and independent of any liability for, the tax imposed under Chapter 202, Tax Code.
(c)  Except as provided by Subsection (d) of this section, Chapter 202, Tax Code, applies to the administration and collection of the fee, and the penalties provided by that chapter apply to any person who fails to pay or report the fee.
(d)   The exemptions and reductions set out in Sections 202.052, 202.054, 202.056, 202.057, 202.059, and 202.060, Tax Code, do not affect the fee imposed by this section.
(e)  Proceeds from the fee, excluding any penalties collected in connection with the fee, shall be deposited to the oil and gas regulation and cleanup fund as provided by Section 81.067.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 7, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 200, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 1, eff. January 1, 2006.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.04, eff. September 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 470 (S.B. 757), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 55 (H.B. 2675), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter E. Fees › Section 81.117. Oil-Field Cleanup Regulatory Fee on Gas

Sec. 81.117.  OIL-FIELD CLEANUP REGULATORY FEE ON GAS.  (a)  An oil-field cleanup regulatory fee is imposed on gas initially produced and saved in this state in the amount of one-fifteenth of one cent for each thousand cubic feet.
(b)  The fee is in addition to, and independent of any liability for, the tax imposed under Section 201.052, Tax Code.
(c)  Except as provided by Subsection (d), the administration, collection, and enforcement of the fee is the same as for the tax imposed under Section 201.052, Tax Code.
(d)   The exemptions and reductions set out in Sections 201.053, 201.057, 201.058, and 202.060, Tax Code, do not affect the fee imposed by this section.
(e)  Proceeds from the fee, excluding any penalties collected in connection with the fee, shall be deposited to the oil and gas regulation and cleanup fund as provided by Section 81.067.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 2, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 8, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 200, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 2, eff. January 1, 2006.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.05, eff. September 28, 2011.
Acts 2019, 86th Leg., R.S., Ch. 55 (H.B. 2675), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.151. Penalty for Campaigning

Sec. 81.151.  PENALTY FOR CAMPAIGNING.  A person who receives a salary from funds provided under this title and who uses his time or a state-owned automobile for campaign purposes or for the purpose of furthering the candidacy of his employer or any other candidate for state office is guilty of a misdemeanor and on conviction shall be fined not less than $100 nor more than $500 and shall be confined in jail for not less than 30 nor more than 90 days.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.152. Discharge and Ineligibility

Sec. 81.152.  DISCHARGE AND INELIGIBILITY.  A person found guilty under Section 81.151 of this code shall be discharged immediately from his position and shall be ineligible for employment by the state in the future.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.153. Setting Civil Complaint for Hearing

Sec. 81.153.  SETTING CIVIL COMPLAINT FOR HEARING.  If a citizen of this state files a civil complaint with a district court in Travis County charging an employee with use of his time or a state-owned automobile for campaign purposes or to further the candidacy of his employer or any other candidate for state office, the court shall set the complaint for hearing at a time not less than 10 nor more than 20 days after the day on which the complaint is filed.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.154. Notice to Employee

Sec. 81.154.  NOTICE TO EMPLOYEE.  The court shall have notice of the hearing served on the employee against whom the complaint was filed at least five days before the date of the hearing.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.155. Court's Order

Sec. 81.155.  COURT'S ORDER.  At the hearing, if the court determines that the employee has used his time or a state-owned automobile as charged in the complaint, the court shall certify the fact to the department, agency, or commission which employs the person and order the employee's immediate discharge.
Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 81 - Railroad Commission of Texas › Subchapter F. Campaigning › Section 81.156. Appeal

Sec. 81.156.  APPEAL.  Any person against whom charges have been filed is entitled to appeal to the court of appeals, but the pendency of the appeal does not suspend his discharge.
Acts 1977, 65th Leg., p. 2512, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 799, ch. 291, Sec. 91, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 82 - Enforcement of Federal Laws › Section 82.0101. Definition

Sec. 82.0101.  DEFINITION.  In this chapter, "oil and gas operation" has the meaning assigned by Section 81.0523.
Added by Acts 2023, 88th Leg., R.S., Ch. 897 (H.B. 33), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle A - Administration › Chapter 82 - Enforcement of Federal Laws › Section 82.0102. Enforcement of Certain Federal Laws Regulating Oil and Gas Operations

Sec. 82.0102.  ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING OIL AND GAS OPERATIONS.  (a)  An agency of this state or a person employed by an agency of this state may not contract with or in any other manner provide assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate oil and gas operations if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.
(b)  The attorney general shall defend any agency of this state that the federal government attempts to sue for an action or omission consistent with the requirements of this section.
(c)  This section does not prohibit a state agency from:
(1)  implementing a federal law by executing authority delegated to the state agency by a federal agency; or
(2)  entering into a memorandum of understanding with a federal agency to implement a federal law, if otherwise authorized by state law.
Added by Acts 2023, 88th Leg., R.S., Ch. 897 (H.B. 33), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter B. Administrative Provisions › Section 85.011. Supervisors, Deputy Supervisors, and Umpires

Sec. 85.011.  SUPERVISORS, DEPUTY SUPERVISORS, AND UMPIRES.  The commission shall employ all supervisors, deputy supervisors, and umpires necessary to carry out the provisions of this chapter and other related laws and rules and orders of the commission.
Acts 1977, 65th Leg., p. 2515, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter B. Administrative Provisions › Section 85.012. Assistants and Clerical Help

Sec. 85.012.  ASSISTANTS AND CLERICAL HELP.  The commission shall employ other assistants and clerical help necessary to carry out the provisions of this chapter and other related laws and rules and orders of the commission.
Acts 1977, 65th Leg., p. 2515, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter B. Administrative Provisions › Section 85.013. Persons Enforcing Rules and Orders

Sec. 85.013.  PERSONS ENFORCING RULES AND ORDERS.  A person entrusted with the enforcement of the rules and orders of the commission shall be a regular employee of the state and paid by the state.  No person other than a regular employee of the state may be charged with or relied on for the performance of these duties.
Acts 1977, 65th Leg., p. 2516, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.041. Acts Prohibited in Violation of Laws, Rules, and Orders

Sec. 85.041.  ACTS PROHIBITED IN VIOLATION OF LAWS, RULES, AND ORDERS.  (a)  The purchase, acquisition, or sale, or the transporting, refining, processing, or handling in any other way, of oil or gas, produced in whole or in part in violation of any oil or gas conservation statute of this state or of any rule or order of the commission under such a statute, is prohibited.
(b)  The purchase, acquisition, or sale, or the transporting, refining, processing, or handling in any other way, of any product of oil or gas which is derived in whole or in part from oil or gas or any product of either, which was in whole or part produced, purchased, acquired, sold, transported, refined, processed, or handled in any other way, in violation of any oil or gas conservation statute of this state, or of any rule or order of the commission under such a statute, is prohibited.
Acts 1977, 65th Leg., p. 2516, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.042. Rules and Orders

Sec. 85.042.  RULES AND ORDERS.  (a)  The commission may promulgate and enforce rules and orders necessary to carry into effect the provisions of Section 85.041 of this code and to prevent that section's violation.
(b)  When necessary, the commission shall make and enforce rules either general in their nature or applicable to particular fields for the prevention of actual waste of oil or operations in the field dangerous to life or property.
Acts 1977, 65th Leg., p. 2516, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.043. Application of Certain Rules and Orders

Sec. 85.043.  APPLICATION OF CERTAIN RULES AND ORDERS.  If the commission requires a showing that refined products were manufactured from oil legally produced, the requirement shall be of uniform application throughout the state; provided that, if the rule or order is promulgated for the purpose of controlling a condition in any local area or preventing a violation in any local area, then on the complaint of a person that the same or similar conditions exist in some other local area and the promulgation and enforcement of the rule could be beneficially applied to that additional area, the commission may determine whether or not those conditions do exist, and if it is shown that they do, the rule or order may be enlarged to include the additional area.
Acts 1977, 65th Leg., p. 2516, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 346 (S.B. 1175), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.044. Exempt Purchases

Sec. 85.044.  EXEMPT PURCHASES.  The provisions of Sections 85.041 through 85.043 of this code do not apply to the purchase of products of oil if made by the ultimate consumer from a retail distributor of the products.
Acts 1977, 65th Leg., p. 2516, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.045. Waste Illegal and Prohibited

Sec. 85.045.  WASTE ILLEGAL AND PROHIBITED.  The production, storage, or transportation of oil or gas in a manner, in an amount, or under conditions that constitute waste is unlawful and is prohibited.
Acts 1977, 65th Leg., p. 2517, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.047. Exclusion From Definition of Waste

Sec. 85.047.  EXCLUSION FROM DEFINITION OF WASTE.  The use of gas produced from an oil well within the permitted gas-oil ratio for manufacture of natural gasoline shall not be included in the definition of waste.
Acts 1977, 65th Leg., p. 2517, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.048. Authority to Limit Production

Sec. 85.048.  AUTHORITY TO LIMIT PRODUCTION.  (a)  Under the provisions of Subsection (10), Section 85.046 of this code, the commission shall not restrict the production of oil from any new field brought into production by exploration until the total production from that field is 10,000 barrels of oil a day in the aggregate.
(b)  The commission's authority to restrict production from a new field under other provisions of Section 85.046 of this code is not limited by this section.
Acts 1977, 65th Leg., p. 2517, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.049. Hearing

Sec. 85.049.  HEARING.  (a)  On verified complaint of any person interested in the subject matter that waste of oil or gas is taking place in this state or is reasonably imminent, or on its own initiative, the commission, after proper notice, may hold a hearing to determine whether or not waste is taking place or is reasonably imminent and if any rule or order should be adopted or if any other action should be taken to correct, prevent, or lessen the waste.
(b)  The hearing shall be held at the time and place determined by the commission.
Acts 1977, 65th Leg., p. 2517, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle B - Conservation and Regulation of Oil and Gas › Chapter 85 - Conservation of Oil and Gas › Subchapter C. Provisions Generally Applicable to the Conservation of Oil and Gas › Section 85.050. Procedure at Hearing

Sec. 85.050.  PROCEDURE AT HEARING.  (a)  At the hearing, interested parties shall be entitled to be heard and to introduce evidence and require the attendance of witnesses.
(b)  The production of evidence may be required as provided by law.
Acts 1977, 65th Leg., p. 2518, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.