reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.67 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  notice of claim, the chief administrative officer must review the contractor's
				  claim and the Land Office's counterclaim, if any, and initiate negotiations
				  with the contractor to attempt to resolve the claim and counterclaim.
(b) Subject to subsection (c) of this
				  section, the parties must begin negotiations within a reasonable period of
				  time, not to exceed 60 days following the later of:
(1) the date of termination of the
				  contract;
(2) the completion date,
				  or substantial completion date in the case of construction projects, in the
				  original contract; or
(3) the date
				  the Land Office receives the contractor's notice of claim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.68 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation
				  is a consensual bargaining process in which the parties attempt to resolve a
				  claim and counterclaim. The parties may conduct a negotiation under this
				  subchapter by any means authorized under the contract or agreed upon by the
				  parties. The parties may conduct negotiations with the assistance of one or
				  more neutral third parties. The parties may agree to mediate their dispute in
				  accordance with §§ 3.73- 3.80 of this subchapter (relating to
				  Negotiation and Mediation of Certain Contract Disputes) or may agree to use an
				  assisted negotiation process other than mediation.
(b) To facilitate meaningful evaluation and
				  negotiation of the claims and any counterclaims, the parties may exchange
				  relevant documents supporting their respective claims, defenses, counterclaims,
				  or positions. To the extent possible, the parties must select representatives
				  who know the subject matter of the dispute, are in a position to reach
				  agreement, and can credibly recommend approval of an agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.69 - Settlement Approval Procedures for Negotiation and Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties must disclose their
				  settlement approval procedures before, or at the beginning of, a negotiation or
				  mediation.
(b) A settlement
				  agreement pertaining to a claim based on a contract of the Veterans Land Board
				  or School Land Board must be approved by the Veterans Land Board or School Land
				  Board, respectively, in a public meeting convened in accordance with Texas
				  Government Code, Chapter 551.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.70 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties
				  may, at any time during a negotiation or mediation conducted pursuant to this
				  subchapter, reach a settlement agreement to resolve an entire claim or any
				  designated and severable portion of a claim. A settlement agreement must
				  identify any unresolved portion of the claim.
(b) To be enforceable, a settlement agreement
				  must be in writing and signed by representatives of the contractor and the Land
				  Office authorized to bind each respective party.
(c) A partial settlement does not waive a
				  contractor's rights under Texas Government Code, Chapter 2260, as to unresolved
				  parts of the claim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.71 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own negotiation costs, including, without limitation, fees
					 of attorneys, consultants, and experts.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.72 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the parties do not resolve a claim of
				  breach of contract in its entirety through negotiation or mediation in
				  accordance with this subchapter on or before the 270th day after the Land
				  Office receives the notice of claim, or after the expiration of any extension
				  agreed to by the parties pursuant to § 3.67(f) of this subchapter
				  (relating to Timetable), the contractor may file a request with the Land Office
				  for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  must.
(1) state the legal and factual basis
				  for the claim.
(2) be delivered to
				  the chief administrative officer within a reasonable time after the 270th day
				  after the Land Office receives the notice of claim or the expiration of any
				  written extension agreed to pursuant to § 3.67(f) of this subchapter;
				  and
(3) request that the claim be
				  referred to SOAH for a contested case hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.73 - Agreement to Mediate; Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties may agree to mediate a claim
				  through an impartial third party at any time. For purposes of this subchapter,
				  "mediation" has the meaning set forth in the Civil Practice and Remedies Code,
				  §
										154.023. The mediation
				  is subject to the provisions of the Governmental Dispute Resolution Act, Texas
				  Government Code, Chapter 2009. The parties may be assisted in the mediation by
				  legal counsel or other individual.
(b) Mediation is a consensual process in
				  which an impartial third party, the mediator, facilitates communication between
				  the parties to promote reconciliation, settlement, or understanding among them.
				  A mediator may not impose his or her own judgment on the issues for that of the
				  parties. The mediator must be acceptable to both parties.
(c) To facilitate a meaningful opportunity
				  for mediated settlement, the parties shall, to the extent possible, select
				  representatives who know the subject matter of the dispute, are in a position
				  to reach agreement, and can credibly recommend approval of an
				  agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.74 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator must possess the qualifications required under
					 the Civil Practice and Remedies Code, §
										154.052,
					 be subject to the standards and duties prescribed by the Civil Practice and
					 Remedies Code, §
										154.053
					 and have the qualified immunity prescribed by the Civil Practice and Remedies
					 Code, §
										154.055,
					 if applicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.75 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this
				  subchapter is confidential in accordance with Texas Government Code, §
										2009.054.
(b) The confidentiality of a final settlement
				  agreement to which the Land Office is a party is governed by the Public
				  Information Act, Texas Government Code, Chapter 552.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.76 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise in writing, each party
					 is responsible for its own mediation costs, including without limitation,
					 document reproduction costs and fees of attorney, consultants, or experts. The
					 mediator's fees and associated costs shall be divided equally between the
					 parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.77 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during a mediation must be
					 signed by the Parties' authorized representatives and must describe any
					 procedures the parties must follow to obtain final and binding approval of the
					 agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.78 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A final settlement agreement reached during or through
					 mediation that resolves an entire claim or counterclaim, or any designated and
					 severable portion of a claim or counterclaim, must comply with § 3.70 of
					 this subchapter (relating to Settlement Agreement).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.1 - Forms

Current through Reg. 49, No. 28; July 12, 2024
The Surveying Division of the General Land Office will
				  furnish a surveyor with the correct form for Field Notes or Corrected Field
				  Notes in paper and/or electronic format.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.2 - Coastal Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				words and terms, when used in this section, shall have the following meanings,
				unless the context clearly indicates otherwise.
(1) Buildup--Dry land that is created as a
				result of man-made or unnatural structures or events.
(2) Coastal Boundary Survey--A survey
				conducted to locate a littoral boundary.
(3) Fill--Material placed on submerged land
				or in the waters covering submerged land where the material has the effect of:
(A) replacing any portion of submerged land
				with dry land; or
(B) changing the
				bottom elevation of any submerged land. Examples of fill include, but are not
				limited to: dredge material, rock, sand, soil, clay, shells, plastics,
				construction debris, wood chips, overburden from mining or other excavation
				activities, and materials used to create any structure or infrastructure on
				submerged land or in the waters covering submerged land.
(4) Littoral boundary--The boundary between
				state-owned submerged land and privately-owned littoral property.
(5) Littoral property--Dry land bordering on
				or contiguous to submerged land.
(6) Natural (original) littoral boundary--The
				location of the natural shoreline as it existed prior to the placement of fill
				or buildup.
(7) Submerged Land--Any
				land lying below mean high water or mean higher high water, as applicable, and
				within the tidewater limits, including any buildup or fill on such
				land.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.3 - Deeds of Acquittance

Current through Reg. 49, No. 28; July 12, 2024
(a) Field note
				filing for a deed of acquittance for uplands:
(1) Before corrected field notes of a survey
				can be approved for the issuance of deed of acquittance under the provisions of
				Texas Natural Resources Code §
										51.246,
				the surveyor must furnish satisfactory evidence to the Surveying Division of
				the General Land Office that he or she has located the patented boundaries of
				the survey.
(2) The surveyor must
				submit a plat, corrected field notes, and a report to the Surveying Division of
				the General Land Office for filing in the Archives and Records Division of the
				General Land Office.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.4 - Corrected Patents

Current through Reg. 49, No. 28; July 12, 2024
Except for correcting a scrivener's error, corrected patents
				  will not be issued unless the following conditions are satisfied:
(1) Sufficient surveying must be performed on
				the ground in order to identify the original boundaries of the subject survey
				and the survey or surveys with which it conflicts.
(2) The survey work must be done by or under
				the direct control and supervision of a licensed state land surveyor or the
				county surveyor of the county in which the land is located, and the surveyor
				shall certify:
(A) that the survey is correct
				and in accordance with Texas Natural Resources Code §
										21.042;
				and
(B) that the survey work was
				done by or under the surveyor's direct control and supervision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.5 - Dignity of Calls

Current through Reg. 49, No. 28; July 12, 2024
The order of dignity of calls in a survey is as
				  follows:
(1) Natural objects (rivers,
				etc.).
(2) Artificial objects
				(marked trees, stone mounds, adjoinder calls, etc.).
(3) Courses (bearings).
(4) Distances.
(5) Acreage.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.6 - Surveyor's Plats

Current through Reg. 49, No. 28; July 12, 2024
(a) A surveyor must
				submit plats with:
(1) all field notes
				furnished in connection with vacancy filings or with applications to purchase
				excess acreage;
(2) with other
				field notes if the sketch does not appear on the face of the field notes;
				and
(3) when multiple surveys are
				involved and it is necessary to file a report to explain the survey.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.7 - Surveyor's Reports, General

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				written surveyor's report is required for all surveys made in connection with
				vacancy filings and for surveys made in connection with applications to
				purchase excess acreage.
(b) The
				commissioner may also require surveyor's reports in connection with any survey
				to be filed in the General Land Office where it is considered necessary to
				clarify the surveyor's plat or field notes.
(c) The surveyor's report must be written in
				such a manner so that the construction of the surveys covered in the report can
				be fully comprehended by any one familiar with the statutes and/or case law
				pertaining to the construction of surveys.
(d) In general, the surveyor's report will
				consist of the following:
(1) History of the
				surveys involved.
(2) Explanation
				of the actual survey on the ground with descriptions of corners, marked lines,
				natural objects, etc., located in the survey. The description of corners should
				be related to the accompanying plat.
(3) Analysis of the survey. The surveyor
				should explain his or her construction of the surveys on his or her plat, based
				upon the history of the area and his or her findings on the ground, applying
				the statutes and/or case law pertaining to surveying.
(4) A summary.
(5) The report shall be dated and signed,
				with the appropriate seal affixed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 7 - SURVEYING › Section 7.8 - Working Sketches, General

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition.
				Working sketches are plats of original surveys showing the field notes that are
				on file in the General Land Office. The field notes are shown by platting
				course and distance and, by symbol and/or writing, showing the other calls in
				the field notes. Generally, unless otherwise requested, the working sketches
				are made by using the patented field notes or the deed of acquittance field
				notes.
(b) Cost. The cost of
				preparing such sketches is based on an hourly rate as set by the
				legislature.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.1 - Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules shall govern the procedure for the review and
				  approval of any contract for the acquisition of natural gas used in the
				  production of energy by a state agency. For purposes of this chapter, state
				  agency includes all of the entities described under Texas Government Code
				  §
									2001.006.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Comptroller--The
				Comptroller of Public Accounts.
(2)
				Contract--Any new or existing contract, agreement, tariff, rate, or other
				arrangement for the acquisition, sale, supply, or transportation of natural
				gas.
(A) New contract--
(i) a contract that was not executed by all
				the necessary parties prior to September 1, 1991; or
(ii) the renewal of an existing contract,
				whether or not affirmative action required for such renewal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.3 - Contract Submission Requirements

Current through Reg. 49, No. 28; July 12, 2024
All contracts and requests for proposal submitted for review
				  should be submitted to; Director - State Energy Marketing Program, Texas
				  General Land Office, Stephen F. Austin Building, 1700 North Congress Avenue,
				  Austin, Texas, 78701-1495, Post Office Box 12873, Austin, Texas 78711-2873. All
				  contracts submitted to GLO for review must show the approval of an executive
				  officer and of the agency submitting the contract who has authority to enter
				  into such contracts and the approval of the submitting agency's
				  counsel.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.4 - Review Criteria for All Contracts

Current through Reg. 49, No. 28; July 12, 2024
GLO will review all new and existing contracts entered into
				  by a state agency for the acquisition of an average volume of 100 Mcf (or the
				  MMBtu equivalent thereof) or more per day of natural gas, calculated on an
				  annual basis, to ensure that the agency is using natural gas produced from
				  state lands for the production of energy to the greatest extent
				  practical.
(1) GLO will not approve a
				contract using non-state gas if it determines that it can provide gas at the
				same, or a lower price.
(A) The cost of
				transporting state gas from the point of production to the agency's service
				address (or other mutually agreed point) shall be considered part of the cost
				of state gas.
(B) The amortized
				cost of constructing a pipeline or installing other equipment in order to
				deliver state gas shall be part of the cost of gas.
(C) Where applicable, the cost of
				dehydrating, compressing, processing, and/or treating shall be part of the cost
				of state gas.
(D) Any applicable
				filing fees payable to federal regulatory agencies shall be part of the cost of
				state gas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.5 - Unapproved Contracts; Requests for Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) If GLO does not approve the contract, it
				will offer the agency a state gas contract on comparable terms.
(b) If the agency declines GLO's contract it
				may make application for a waiver under §
									8.7
				of this title (relating to Waivers for Contracts for the Acquisition of
				Non-State Gas).
(c) If the agency
				either is not granted a waiver under §
									8.7
				of this title (relating to Waivers for Contracts for the Acquisition of
				Non-State Gas), or fails to submit a contract for approval, GLO will monitor
				the price difference between the contract for which application for waiver was
				made and declined or between any unsubmitted contract and the state gas
				contract that was offered or could have been offered and report the potential
				savings, if any, as provided under §
									8.10
				of this title (relating to Reporting Contract Savings).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.6 - Review of Existing Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Existing
				contracts with termination provisions.
(1) If
				an agency is currently purchasing gas under an existing contract which makes
				provision for termination and GLO can provide the agency with state gas at a
				comparable or better price, GLO may offer the agency a state gas
				contract.
(2) If the agency
				declines GLO's contract it may make application for a waiver under §
										8.7
				of this title (relating to Waivers for Contracts for the Acquisition of
				Non-State Gas).
(3) If the agency
				is not granted a waiver under §
										8.7
				of this title (relating to Waivers for Contracts for the Acquisition of
				Non-State Gas), GLO will monitor the price difference and report the potential
				savings, if any, as provided under §
										8.10
				of this title (relating to Reporting Contract Savings).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.7 - Waivers for Contracts for the Acquisition of Non-State Gas

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency requesting a waiver of approval
				for a contract for the purchase of non-state gas must make a written request to
				GLO for such waiver and provide the following information:
(1) a letter from the agency requesting the
				waiver and stating the grounds justifying such waiver, including, without
				limitation, any ground for waiver set out in this chapter;
(2) copies of the existing or proposed gas
				purchase agreement and any related transportation agreements;
(3) in the case of a state agency desiring a
				contract to purchase natural gas on a month-to-month basis, a list of
				spot-prices for at least the immediate past six-month period;
(4) additional price lists during September
				and February; and
(5) any
				additional information required in the other sections of this chapter or other
				information requested by GLO.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.8 - Gas Usage Data Form

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each agency will submit a gas usage data form to GLO by July 31 of each
				year.
(b) Any state agency that
				does not have a current gas usage data form on file with GLO will complete one
				and file it with GLO on or before July 31 of each year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.9 - Requests for Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) Any state
				agency making a request for proposals for the supply and/or transportation of
				natural gas, shall submit such request in writing to GLO for review and
				approval prior to its release or publication.
(b) All such requests for proposal must
				state:
(1) that the proposal is subject to:
(A) the Act of July 30, 1991, 72nd
				Legislature, First Called Session, Chapter 3, 1991 Texas Session Law Service 4,
				71 (to be codified at Texas Natural Resources Code, §
											31.401
				and §
											31.402); and
(B) review by GLO prior to acceptance or
				rejection; and
(C) GLO evaluation
				based upon GLO's then current pricing mechanism;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 8 - GAS MARKETING PROGRAM › Section 8.10 - Reporting Contract Savings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Each month, GLO will determine the savings achieved by calculating the
				difference between the price that would have been paid under the agency's
				previous non-state gas contract and the price paid under the state gas
				contract.
(b) Each month, GLO will
				report all savings achieved to the comptroller and to the state agencies
				receiving state-owned gas.
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 B - ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES › Section 9.11 - Geophysical and Geochemical Exploration Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) General rule of application. The rules in
				  this section shall apply to lands described in §
										9.21(1)(2)(3)(a) and
				  (4) of this title (relating to Leasing
				  Guide).
(b) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Applicant. A person seeking a permit
				  under this section.
(2) Geochemical
				  exploration. A survey or investigation conducted to discover or locate oil and
				  gas prospects by means of soil sampling, analysis, or other accepted
				  techniques.
(3) Geophysical
				  exploration. A survey or investigation conducted to discover or locate oil and
				  gas prospects using magnetic, gravity, seismic, and/or electric
				  techniques.
(4) High velocity
				  energy source. Energy sources which generate a sharp-peaked energy pulse
				  including, but not limited to, dynamite, pentalite, seismogel, and ammonium
				  nitrate.
(5) Low velocity energy
				  source. Energy sources that generate a bell shaped energy pulse including, but
				  not limited to, pneumatic, acoustic, and vibrating devices.
(6) Oyster lease. An area leased from the
				  state for the production of oysters and marked according to the requirements of
				  TPWD.
(7) Oyster reef. Natural or
				  artificial formations located in intertidal or subtidal areas that are composed
				  of oyster shell, live oysters, and other organisms that are discrete,
				  contiguous, and clearly distinguishable from scattered oyster shells, live
				  oysters, and other organisms.
(8)
				  Permit. License issued by the commissioner authorizing geophysical and/or
				  geochemical exploration on public school land.
(9) Permittee. The holder of a permit, who
				  shall be the person responsible for conducting geophysical or geochemical
				  exploration.
(10) Recreational
				  beaches. Any shoreline frequently utilized by the general public for
				  recreational activities.
(11)
				  Resource management codes. Abbreviations for recommended environmental
				  guidelines adopted by state and federal resource agencies and applicable to
				  state-owned tracts.
(12) Shot. Any
				  action resulting in the generation of an energy pulse from which geophysical
				  data is obtained, including both high and low velocity energy
				  sources.
(13) Shrimping fleet. A
				  group of five or more boats trawling for shrimp in an area not more than one
				  mile in diameter.
(14) Structure.
				  Any man-made improvement placed on or affixed to state-owned lands.
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 B - ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES › Section 9.21 - Leasing Guide

Current through Reg. 49, No. 28; July 12, 2024
For exploration and development of minerals other than oil
					 and gas, see Chapter 10 of this title, (relating to Exploration and Development
					 of State Minerals Other than Oil and Gas).Oil and gas underlying state lands
					 are leased in the following ways, depending on the type of land.
(1) PSF uplands, submerged lands, riverbeds
				  and channels. PSF uplands submerged lands, riverbeds and channels are leased by
				  the SLB under sealed bid procedures. For SLB sealed bid procedures see Texas
				  Natural Resources Code, Chapter 32, Subchapters D and E, Chapter 52, Subchapter
				  B, §
										9.22(1)
				  of this title, (relating to Leasing Procedures), and Chapter 151 of this title,
				  (relating to General Rules of Practice and Procedure). For only riverbeds and
				  channels, also see Texas Natural Resources Code, Chapter 52, Subchapter
				  C.
(2) PSF oil and gas interests
				  owned with associated mineral leasing rights. Generally, whenever the PSF owns
				  mineral interests coupled with leasing rights, oil and gas leases are issued by
				  the SLB under the sealed bid procedures of paragraph (1) of this subsection.
				  (For examples of these types of PSF mineral interests, see Texas Natural
				  Resources Code, §
										51.054(a),
				  §32.061 (see especially historical legislative note), §33.001(g), or
				  §51.052(h).)
(3) PSF oil and
				  gas interests owned without associated mineral leasing rights.
(A) Relinquishment Act lands. Leases are
				  generally negotiated by surface owners as agents for the state. See Texas
				  Natural Resources Code, Chapter 52, Subchapter F, and §9.22(2), and
				  §9.22(3). Note: Relinquishment Act lands owned by a department, board, or
				  agency of the state, including TDCJ land, TPWD land, and highway rights-of-way
				  land, are leased under the sealed bid procedures of paragraph (1) of this
				  subsection. See Texas Natural Resources Code, §
											32.002(d)
				  and §
											34.002(b).
(B) Free royalty lands. Leases are issued by
				  the executive right holders as the state's agents. See §9.22(4).
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 B - ISSUING EXPLORATION PERMITS AND OIL AND GAS LEASES › Section 9.22 - Leasing Procedures

Current through Reg. 49, No. 28; July 12, 2024
State property will be leased for the exploration and
					 development of oil and gas under these procedures.
(1) Sealed bid leasing by the SLB.
(A) Lands affected. See §
											9.21 of
				  this title, (relating to Leasing Guide) to determine which lands are leased by
				  sealed bid. Generally, this includes all lands owned in fee by either the PSF
				  or state agencies, except TPWD or TDCJ lands, and certain other lands in which
				  the PSF owns a mineral interest.
(B) Nominations, advertising, and awarding
				  leases. The SLB, GLO staff, or persons interested in leasing a specific tract
				  may nominate a tract for lease. Nominated tracts will be evaluated by GLO
				  geologists. The SLB will set the terms and conditions upon which tracts will be
				  offered for lease. These terms will be advertised and bids taken. The SLB shall
				  accept the best bid meeting the minimum requirements set by the SLB or by law,
				  or, reject all bids. See Chapter 151 of this title, (relating to Operations of
				  the School Land Board) for more details on the leasing procedure.
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 C - MAINTAINING A STATE OIL AND GAS LEASE › Section 9.31 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability
				  of this Subchapter.
(1) Section
				  9.32
				  of this title, (relating to General Responsibilities of State Lessees) applies
				  to all state leases covering lands described in §
											9.21(1)-(5)
				   of this title, (relating to Leasing
				  Guide).
(2) Those rule provisions
				  in this subchapter that create procedures for coordinating with the GLO staff
				  for a specific purpose would also generally apply to any state lease that
				  authorizes such purpose. Some examples include the rules relating to tendering
				  delay rentals and shut-in royalties to the state, to pooling state property and
				  to suspending state leases.
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 C - MAINTAINING A STATE OIL AND GAS LEASE › Section 9.34 - Drilling and Reworking Operations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirement of Diligence. Any drilling operation or reworking operation will be
				  conducted with reasonable diligence, in good faith and in a prudent,
				  workmanlike manner.
(b) Drilling to
				  well completion during the primary term.
(1)
				  If a dry hole or shut-in well is completed within 60 days of a lease
				  anniversary date during the primary term, the lease is maintained until the
				  next anniversary date without payment of delay rentals. If a dry hole or
				  shut-in well is completed more than 60 days before a lease anniversary date
				  during the primary term, a delay rental must be timely paid on or before such
				  anniversary date to maintain the lease by delay rentals.
(2) If a dry hole or a shut-in well is
				  completed during the last year of the primary term or within the 60 days
				  immediately preceding it, the lease is maintained until the end of the primary
				  term.
(3) If a well completed
				  during the primary term secures production in paying quantities, refer to the
				  provisions of §
											9.35 of
				  this title, (relating to Producing the State Lease) to maintain the
				  lease.
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 C - MAINTAINING A STATE OIL AND GAS LEASE › Section 9.36 - Shut-In Royalty

Current through Reg. 49, No. 28; July 12, 2024
(a) During the
				  primary term. If lessee completes a shut-in well during the primary term,
				  lessee may hold the lease by resuming delay rental payments. See §
										9.34(b)(1)(2)
				  of this title, (relating to Drilling and Reworking Operations).
(b) After the primary term has expired.
(1) When a shut-in well is located on the
				  premises, but the lease is being otherwise held in effect under the lease, no
				  shut-in royalty is needed to maintain the lease.
(2) If a lease is not being otherwise held in
				  effect, contains a shut-in provision and has a shut-in well located on the
				  premises, then failure to make a timely, full shut-in royalty payment will
				  result in the lease automatically terminating on the date the shut-in payment
				  is due under subsection (d)(1) of this section. However, if lessee timely pays
				  a full shut-in royalty under this section, the lease will be held for one year
				  beginning on the effective shut-in date. Thereafter, the lease will terminate
				  automatically on an anniversary date of the effective shut-in date, unless on
				  or before such anniversary date lessee pays a timely subsequent shut-in royalty
				  under subsection (d)(2) of this section or on or before 60 days after such
				  anniversary date lessee commences drilling or reworking operations or actually
				  produces oil or gas.
(3) If a
				  lessee fails to pay or improperly pays a shut-in royalty, no action by any
				  lessor, including the state or an owner of the soil on Relinquishment Act
				  property, may ratify, re-grant or revive the terminated lease or may estop the
				  state from asserting lease termination.
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 C - MAINTAINING A STATE OIL AND GAS LEASE › Section 9.37 - Offset Well Obligations and Compensatory Royalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Obligation to drill an offset well. An
				  offset well must be drilled on state property under the terms of this section
				  whenever an encroaching well is completed unless one of the following
				  conditions applies: lessee has properly pooled the state property with the
				  property containing the encroaching well (see §
										9.81
				  of this title, (relating to Pooling and Unitizing State Property), the
				  commissioner has granted written approval to allow payment of compensatory
				  royalties in lieu of drilling an offset well (see subsection (c) of this
				  section) or the commissioner has agreed that the encroaching well cannot be
				  draining state hydrocarbons (see subsection (b) of this section). Failure to
				  drill an offset well can result in the forfeiture of a lease or of a surface
				  owner's agency rights under the Relinquishment Act.
(1) Who is obligated. For any state property
				  other than Relinquishment Act property, the lessee of the state property has
				  the obligation to drill the offset well. For leased or unleased Relinquishment
				  Act property, the surface owner, lessee, sublessee, receiver or other agent in
				  control of the property has the obligation to drill the offset well.
(2) Drilling the offset well. In addition to
				  meeting the requirements found in §
											9.32
				  of this title, (relating to General Responsibilities of State Lessees) and
				  §
											9.34
				  of this title, (relating to Drilling and Reworking Operations), an offset well
				  shall also be drilled to a sufficient depth and in such a manner as to prevent
				  drainage of oil or gas from state land.
(3) When to begin drilling. The drilling
				  operation associated with an offset well shall begin:
(A) for Relinquishment Act lands, within 100
				  days of the date that the encroaching well first produces commercially
				  (excluding test production); or
(B)
				  for other state properties, within 60 days of the date that the encroaching
				  well first produces commercially (excluding test production).
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 C - MAINTAINING A STATE OIL AND GAS LEASE › Section 9.38 - Suspending the State Lease

Current through Reg. 49, No. 28; July 12, 2024
(a) Conditions
				  Warranting a Suspension. A lessee may apply for a suspension of the terms of a
				  lease in the following circumstances:
(1) if
				  a lease issued by the commissioner is the subject of litigation relating to the
				  validity of the lease or to the commissioner's authority to issue the lease
				  under Texas Natural Resources Code, §
											52.028;
(2) if, after making a diligent and good
				  faith attempt, a lessee is unable to obtain access to the leased property or is
				  unable to obtain in a timely manner a permit to drill on or produce from the
				  leased premises by any duly constituted authority of the United States or of
				  this state under Texas Natural Resources Code, §
											52.0301;
				  or
(3) if lessee, having made a
				  good faith effort to comply with the terms of the lease, to conduct drilling
				  operations, or to produce oil or gas, is prevented from doing so by a reason
				  set forth in the lease form, which reasons may include war, rebellion, riots,
				  strikes, fire, acts of God, or any order, rule, or regulation of governmental
				  authority.
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 E - POOLING AND UNITIZING STATE PROPERTY › Section 9.81 - Pooling and Unitizing of State Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval. An
				  agreement to pool or unitize any state leases or royalty interests or to amend
				  an existing unit must be approved by the SLB or appropriate board or agency and
				  executed by the commissioner to be effective. When necessary, the SLB meets on
				  the first and/or third Tuesday of each month.
(b) Procedure.
(1) Submit a completed pooling
or
				  production sharing
application and the processing fee prescribed by
				  §
											3.31 of this title, (relating to
				  fees) to the GLO. Application forms may be obtained from the GLO upon request.
				  The application must be submitted at least 30 business days prior to the SLB
				  meeting at which the application will be considered. If not timely submitted,
				  the application will be considered at the next available meeting. Any
				  proprietary information submitted with the application shall be kept
				  confidential as required by law, and upon request of applicant, will be
				  returned after examination by GLO staff. The application should include the
				  following information if available:
(A) a
				  legal description of the area to be pooled (or to be subject to production
				  sharing) and a list of the affected leases;
(B) geological and geophysical data; e.g.,
				  structural maps, isopach maps, cross-sections, productive limits, engineering
				  studies and analysis;
(C)
				  electrical and/or geophysical logs;
(D) information on wells drilled in the
				  general area of the proposed unit, and current production rates of offset
				  wells;
(E) names of all the working
				  interest owners in the leases (or units) to be pooled (or from which production
				  will be shared) and the names and respective capacities (e.g., president,
				  vice-president, attorney-in-fact, etc.) of the persons authorized to execute
				  the pooling or production sharing agreement;
(F) for Relinquishment Act Leases, a list of
				  the owners of the soil who have not authorized pooling in the lease and will be
				  executing the pooling agreement; and
(G) any other data which may be
				  requested.
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 F - DISCONTINUING THE LEASEHOLD RELATIONSHIP › Section 9.91 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  discontinuance of a leasehold relationship, except for termination, is
				  effective only upon complete compliance with §§ 9.91-
				  9.95 of
				  this subchapter. Terminations are effective according to the terms of the lease
				  and the laws of the state.
(b) The
				  leasehold relationship between the state and a lessee of state oil and gas may
				  be discontinued by any of the following:
(1)
				  release;
(2) assignment;
(3) termination;
(4) forfeiture.
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 F - DISCONTINUING THE LEASEHOLD RELATIONSHIP › Section 9.92 - Release

Current through Reg. 49, No. 28; July 12, 2024
(a) Release of a state oil and gas lease.
(1) Availability. All or part of a state oil
				  and gas leasehold interest may be released to the state by its lessee at any
				  time. See also Texas Natural Resources Code, §
											52.027.
(2) Procedure. A release is effectuated only
				  by complete compliance with the following:
(A)
				  recording the release in each county in which any part of the original acreage
				  covered by the lease is located;
(B) filing with the GLO the recorded original
				  or a certified copy of the recorded original of each release recorded as
				  required by this subsection within 90 days after the execution of each such
				  release; and
(C) properly paying
				  the filing fees and providing the information as required in subsection (b) of
				  this section.
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 F - DISCONTINUING THE LEASEHOLD RELATIONSHIP › Section 9.93 - Assignments

Current through Reg. 49, No. 28; July 12, 2024
(a) Assignment of a state oil and gas lease.
				  All or part of a state oil and gas leasehold interest may be assigned at any
				  time, except as prohibited by statute, administrative rule, or common law. All
				  assignments, including assignments of overriding royalty interests on
				  Relinquishment Act lands, must be recorded in each county in which all or part
				  of the original acreage covered by the lease is located. The original recorded
				  assignment or a certified copy thereof shall be filed in the GLO within 90 days
				  of its execution. For purposes of this paragraph, the last execution date shown
				  on the instrument shall be deemed to be the date of execution. The following
				  must accompany each assignment required to be filed and every counterpart so
				  filed in the GLO under this subsection:
(1) a
				  list clearly designating each state lease, as identified by its mineral file
				  number, affected by the assignment;
(2) the payment of the filing fee required by
				  §
											3.31 of this
				  title, (relating to Fees) for each state lease, as identified by its mineral
				  file number, affected by the assignment;
(3) an adequate legal description of the
				  premises assigned, including the survey name, block, township, county, and any
				  other descriptive information requested by the GLO;
(4) in cases of vertical severance, partial
				  assignments of state oil and gas leases shall be filed in the same manner as
				  complete assignments are filed, and must include a metes and bounds description
				  of the area so assigned, including relevant plats, unless the area assigned can
				  be and is accurately described as a part of the section; and
(5) in cases of horizontal severance, partial
				  releases of state oil and gas leases shall be filed in the GLO, and shall
				  include a description of all relevant depths and formations.