Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 9 - EXPLORATION AND LEASING OF STATE OIL AND GAS › Subchapter A - GENERAL PROVISIONS › Section 9.2 - Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope of
				  this chapter. Unless expressly limited or expanded elsewhere in this chapter,
				  this chapter shall apply to all lands specified in §9.21(1) - (5) of this
				  title, (relating to Leasing Guide). Those lands specified in §9.21(6) are
				  governed by the statutes and rules referenced in that paragraph of
				  §9.21.
(b) Other applicable
				  rules and statutes. Operations on state lands are subject to all applicable
				  state and federal laws and regulations. The provisions of this chapter do not
				  alter, amend, or replace such state and federal laws and regulations, and
				  compliance with the requirements of this chapter does not relieve the operator
				  of the duty to comply with such laws and regulations. The requirements of this
				  chapter are in addition to the requirements of any other applicable state or
				  federal law or regulation.
(c)
				  Existing Contracts. These rules shall not be construed to unlawfully impair any
				  existing contract.
(d) Compliance.
				  Lessee shall comply with the provisions of its lease, applicable statutes and
				  this chapter. Nothing in this chapter shall be construed as relieving a lessee
				  of these duties or as impairing any remedies available to the state, including
				  forfeiture of a lease. If a lessee, operator or any party acting on lessee's
				  behalf fails to comply with the lease, applicable statutes or this chapter, the
				  state may seek any remedy allowed by law, including forfeiture of the lease.
				  Lessee shall be liable for the damages caused by such failure and any costs and
				  expenses incurred while enforcing this chapter and cleaning areas affected by
				  any pollution or discharged waste. A lessee is responsible and liable for the
				  actions or omissions of its operator and its employees, agents, servants,
				  contractors, subcontractors, trustees, receivers, any other agent in control of
				  any or all of the leasehold interest and any other party acting on lessee's
				  behalf.
(e) Exceptions to this
				  chapter. The commissioner may, if authorized by law and upon proper written
				  request, grant exceptions to the provisions of this chapter if the commissioner
				  deems the exceptions to be in the best interest of the state. No such exception
				  shall be effective until a written request by the lessee and a written
				  explanation, signed by the commissioner, is placed in the appropriate mineral
				  file or other GLO file.
(f) Partial
				  termination. Nothing in this chapter can limit the automatic termination of
				  specified acreage and/or depths under a retained acreage clause (as defined in
				  §
										9.31(b)
				  of this title, relating to Definitions Applicable to this Subchapter) if a
				  lease contains this kind of clause.
(g) Consistency with Coastal Management
				  Program. Except as otherwise provided in §
										16.1(c)
				  of this title (relating to Definitions and Scope), an action listed in
				  §16.1(b) taken or authorized by the GLO or SLB pursuant to this chapter
				  that may adversely affect a coastal natural resource area, as defined in
				  §16.1 is subject to, and must be consistent with, the goals and policies
				  identified in Chapter 16 of this title, (relating to Coastal Protection) in
				  addition to any goals, policies, and procedures applicable under this chapter.
				  If the provisions of this chapter conflict with and can not be harmonized with
				  certain provisions of Chapter 16, such conflicting provisions of Chapter 16
				  will control.