reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.101 - Examiner's Powers and Duties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For any assigned case and subject to any limitations imposed by law or by
				  Commission rule, the examiner shall have broad discretion in regulating the
				  course and conduct of the hearing. The examiner's authority includes, but is
				  not limited to, the following authority:
(1)
				  to administer oaths and affirmations;
(2) to issue subpoenas to compel the
				  attendance of witnesses and the production of papers and documents;
(3) to authorize the taking of depositions
				  and issue discovery orders;
(4) to
				  call and examine witnesses;
(5) to
				  receive evidence;
(6) to rule upon
				  the admissibility of evidence and amendments to pleadings;
(7) to limit the number of witnesses whose
				  testimony would be merely cumulative;
(8) to set reasonable times within which a
				  party may testify, cross-examine witnesses, or present evidence;
(9) to impose sanctions;
(10) to maintain order in a
				  hearing;
(11) to recess any
				  hearing;
(12) to issue a proposal
				  for decision, including proposed findings of fact and conclusions of law and a
				  recommended order;
(13) to reopen
				  the record when justice requires;
(14) to amend the proposal for decision or
				  recommended order, or both;
(15) to
				  issue a supplemental or amended proposal for decision and proposed
				  order;
(16) to review the
				  jurisdiction of the Commission and standing of parties as it pertains to a
				  contested case;
(17) to issue
				  orders relating to hearing, prehearing and posthearing matters; and
(18) to take other permissive action which is
				  necessary for a fair, just, and proper hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.102 - Sanctioning Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  interest of justice, and after notice and opportunity for hearing, an order
				  imposing sanctions may be issued by the Commissioners, the Hearings Director,
				  or the examiner for:
(1) abuse of the
				  discovery process, including failure to comply with a discovery order or
				  subpoena issued by the Commission for deposition or production of books,
				  records, papers, or other objects;
(2) filing a motion or pleading that is
				  determined to be groundless and brought:
(A)
				  in bad faith;
(B) for the purpose
				  of harassment; or
(C) for any other
				  improper purpose, such as to cause unnecessary delay or increase in the cost of
				  the proceeding; or
(3)
				  failure to obey an order of the Commissioners, the Hearings Director, or the
				  examiner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.103 - Prehearing and Posthearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) The Hearings Director or examiner may
				  direct the parties, the parties' authorized representatives, or both, to appear
				  at a prehearing or posthearing conference to consider the following, as may be
				  applicable:
(1) motions and other preliminary
				  matters relating to the proceeding, including discovery;
(2) settlement of the case or simplification
				  of the issues;
(3) amendment of
				  pleadings;
(4) admissions or
				  stipulations which will avoid the unnecessary introduction of
				  evidence;
(5) limitations on the
				  number of witnesses;
(6) time to be
				  allotted to each party for presentation of its direct case or for
				  cross-examination at the hearing;
(7) procedures to be followed at the hearing;
				  and
(8) other matters that may aid
				  in the disposition of the proceeding.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.104 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
The examiners will not consider any stipulation or
					 agreement unless it is in writing and signed by the parties or their authorized
					 representatives, or dictated into the record during the course of the
					 proceeding. This section does not limit a party's ability to waive or modify by
					 stipulation any right or privilege afforded by these rules, unless otherwise
					 precluded by law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.105 - Continuances

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion for
				  continuance shall:
(1) be in writing and
				  served in accordance with §
											RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases;
(2) be
				  filed not less than five business days prior to the hearing, except for good
				  cause shown;
(3) set forth the
				  specific grounds for which the moving party seeks continuance;
(4) make reference to all similar motions
				  filed in the proceeding; and
(5)
				  state whether all parties agree with the relief requested.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.106 - Consolidation and Joint Hearings

Current through Reg. 49, No. 28; July 12, 2024
When two or more applications, petitions, or other
					 proceedings involve common questions of law or fact, the appropriate division
					 director, the Hearings Director or the examiner may consolidate the proceedings
					 or direct that there be a joint hearing without formal consolidation and may
					 take other action to avoid unnecessary costs or delay and to ensure due
					 process.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.107 - Dismissal

Current through Reg. 49, No. 28; July 12, 2024
The Commissioners or the Hearings Director may dismiss,
					 with or without prejudice, any proceeding under such conditions and for such
					 reasons as are found to be just and reasonable, including the following:
(1) failure to prosecute;
(2) unnecessary duplication of proceedings or
				  res judicata;
(3)
				  withdrawal;
(4) moot questions or
				  obsolete petitions;
(5) lack of
				  jurisdiction; or
(6) if necessary
				  in the interest of justice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.108 - Place and Nature of Hearings

Current through Reg. 49, No. 28; July 12, 2024
All hearings shall be open to the public and, except as
					 otherwise required by law, shall be held in Austin. The Commissioners or the
					 Hearings Director may designate another place of hearing if for good cause and
					 in the public interest.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.109 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Opening the
				  hearing. The examiner shall call the hearing to order and make a concise
				  statement of its scope and purposes. All parties shall then enter their
				  appearances. Thereafter, parties may make motions or opening
				  statements.
(b) Order of procedure.
				  Parties shall be permitted to make opening statements, offer direct evidence,
				  cross-examine witnesses, and present supporting arguments. The party having the
				  burden of proof shall be entitled to open and close. When several proceedings
				  are heard on a consolidated record or when the proceeding has been initiated by
				  the Commission, the examiner shall designate who may open and close. The
				  examiner shall determine at what stage intervenors will be permitted to offer
				  evidence. The examiner may direct that closing arguments be made in writing.
				  The examiner may alter the order of procedure if necessary for efficient
				  conduct of the hearing.
(c) Voir
				  dire. Voir dire examination to evaluate the qualifications of a witness to
				  testify may be permitted but will not be substituted for
				  cross-examination.
(d) Rebuttal.
				  The petitioner, applicant, or complainant may rebut evidence and argument
				  presented by protestants or intervenors. The examiner may allow additional
				  rebuttal from other parties.
(e)
				  Additional evidence. The Commissioners, Hearings Director, or examiner may
				  subpoena records or may call upon or subpoena for additional evidence on any
				  issue any party, person, or employee of the Commission who is not assigned to
				  render a decision or to make findings of fact and conclusions of law for
				  additional evidence on any issue. Additional evidence shall not be admitted
				  without an opportunity for examination, objection, and rebuttal by all
				  parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.110 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
Generally, the party seeking affirmative relief shall have
					 the burden of proof. An examiner may reassign the burden of proof and shall
					 serve copies of the decision on all parties. In reassigning the burden of
					 proof, the examiner may consider:
(1)
				  the classification of the parties;
(2) the parties' access to information
				  pertinent to the merits of the case;
(3) the party seeking affirmative
				  relief;
(4) the party seeking to
				  change the status quo;
(5) whether
				  a party would be required to prove a negative; and
(6) the nature of the relief that is
				  requested.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.111 - Reporters and Transcripts

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				  transcript. When requested by the Commission, the examiner, or a party, a
				  certified shorthand reporter shall make a verbatim record and transcript of the
				  hearing.
(b) Assessment of costs.
				  The cost of the original transcripts shall be assessed to all parties equally
				  unless otherwise directed by the examiner or required by law.
(c) Charges. The Commission shall approve
				  rates to be charged by reporters for appearances, original transcripts, and
				  copies. The rates shall not exceed rates authorized by law to be paid to court
				  reporters in Texas district courts.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter G - HEARINGS › Section 1.112 - Proceedings by Telephony

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  examiner may sua sponte or upon granting the timely written motion of a party
				  order that all or part of a prehearing or posthearing conference or hearing be
				  conducted by telephony.
(b) A party
				  may file a motion to appear at a prehearing or posthearing conference or a
				  hearing by telephony as follows:
(1) The
				  motion shall be in writing, shall be filed with the Docket Services Section and
				  served in accordance with §
											RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases) not less than 10 days prior to the proceeding at
				  which the party wishes to appear remotely, and shall include the pertinent
				  telephone number(s) and/or other connection instructions.
(2) If the motion is to conduct only a
				  portion of the proceeding by telephony, the requesting party shall identify the
				  relevant portion of the proceeding to be conducted by telephony.
(3) Any reply to a motion shall be made in
				  writing and shall be filed with the Docket Services Section and served in
				  accordance with §
											RSA
				  1.45 of this title within five days of
				  service of the motion.
(4) Upon
				  agreement of the parties or a finding of good cause, the examiner may modify
				  the times for filing a motion for an appearance by telephony and/or replies to
				  such a motion.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.121 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) In a
				  contested case, if a majority of the Commissioners have not heard the case or
				  read the record, the decision, if adverse to a party other than the Commission,
				  may not be made until:
(1) a proposal for
				  decision is served on each party; and
(2) an opportunity is afforded to each
				  adversely affected party to file exceptions and present briefs to the
				  Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.122 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party may, within 15 days after the
				  date of service of a proposal for decision, file exceptions to the proposal for
				  decision. Replies to such exceptions may be filed by any other party within 10
				  days after the deadline for filing such exceptions. Either party may file a
				  case summary with the party's exceptions or replies.
(1) Exceptions and replies shall be filed
				  with the Docket Services Section by hand delivery, first class, certified or
				  registered mail, or commercial delivery service. The number of copies filed
				  will be determined by the examiner as stated in the notice to the parties
				  issued with the proposal for decision. Exceptions, replies, and case summaries
				  may not be filed by fax or email unless permitted by the examiner or Hearings
				  director.
(2) All copies shall be
				  unstapled and three-hole punched for a three-ring binder.
(3) The filing party shall serve the
				  exceptions or replies in accordance with §
											RSA
				  1.45 of this title (relating to Service in
				  Protested Contested Cases).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.123 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) At an open
				  meeting, the Commissioners may:
(1) adopt,
				  modify, or reject the examiner's proposed findings of fact and conclusions of
				  law in whole or in part;
(2) remand
				  the proceeding for further consideration by the same examiner or a different
				  examiner;
(3) direct the examiner
				  to further consider the case with or without reopening the hearing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.124 - Oral Argument before the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party may request oral argument on a
				  matter before the Commissioners by filing the request with the Docket Services
				  Section as part of a party's exceptions, replies to exceptions, motion for
				  rehearing, or reply to a motion for rehearing. A party may not orally request
				  the opportunity to make oral argument at a Commission open meeting.
(b) Oral argument may be allowed at the
				  discretion of the Commissioners. Failure of the Commissioners to grant a
				  request for oral argument shall be deemed denial of the request.
(c) The Commissioners may request that
				  parties to any proceeding present oral argument.
(d) If the Commissioners will hear oral
				  argument, the Commissioners shall determine the date, time, and order of the
				  oral argument. The Commissioners may:
(1)
				  request that parties focus their arguments on particular issues in the
				  case;
(2) determine the sequence in
				  which parties will proceed, and which party, if any, may close;
(3) impose time limits on all
				  speakers;
(4) limit or exclude
				  unduly repetitious arguments and presentations;
(5) require that one representative present
				  the information and position of closely aligned persons or entities;
				  and
(6) set deadlines for filing
				  additional information or written briefs in the case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.125 - Interim Orders Entered by the Commissioners

Current through Reg. 49, No. 28; July 12, 2024
When an interim order is provided for by law, a request for
					 an interim order will be presented to the Commissioners for consideration at an
					 open meeting. An interim order shall not be considered a final Commission
					 decision. Interim orders are not appealable and shall not be subject to
					 exceptions or motions for rehearing, as provided by the APA or the rules in
					 this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.126 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A final
				  decision or final order adverse to any party in a contested case shall be in
				  writing and shall be signed by two or more Commissioners. Final decisions or
				  final orders shall include findings of fact and conclusions of law separately
				  stated. Findings of fact, if set forth in statutory language, shall be
				  accompanied by a concise and explicit statement of the underlying facts
				  supporting the findings. If in accordance with §
										RSA
				  1.121 of this title (relating to Proposals
				  for Decision) a party submits proposed findings of fact or conclusions of law
				  as required by the examiner, the decision shall include a ruling or order on
				  each proposed finding. All parties shall be notified of any decision or order
				  pursuant to subsections (b) and (c) of this section.
(b) When a decision or order in a contested
				  case that may become final under Texas Government Code, §
										RSA
				  2001.144 is signed or when an order ruling on
				  a motion for rehearing is signed, the Commission shall deliver or send a copy
				  of the decision or order to each party in accordance with subsection (c) of
				  this section. The Commission shall keep a record documenting the provisions of
				  the notice provided to each party.
(c) Methods of notice. The Commission shall
				  notify each party to a contested case of any decision or order of the
				  Commission using at least one of the following methods of service:
(1) personal service;
(2) if agreed to by the party to be notified,
				  service by email to the party's current email address or fax number of the
				  party's authorized representative, or of the party if the party is not
				  represented;
(3) service by first
				  class, certified, or registered mail, or commercial delivery service sent to
				  the last known address of the party's authorized representative or of the party
				  if the party is not represented; or
(4) service by a method required by a rule or
				  order of the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.127 - Effective Date

Current through Reg. 49, No. 28; July 12, 2024
A decision or order becomes final as provided in §
										RSA
					 1.130 of this title (relating to Finality of
					 Decisions or Orders). The effective date of a decision or order is the date it
					 is signed by a majority of the Commissioners, unless otherwise stated in the
					 order and subject to a motion for rehearing. The effective date shall be
					 incorporated into the body of the decision.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.129 - Effect of Order Granting Rehearing

Current through Reg. 49, No. 28; July 12, 2024
An order granting a motion for rehearing vacates the
					 preceding final order. When the Commission renders a new final decision, a
					 motion for rehearing directed to the new decision is a prerequisite to
					 appeal.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.130 - Finality of Decisions or Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  decision or order in a contested case is final:
(1) if a motion for rehearing is not filed on
				  time, on the expiration of the period for filing a motion for
				  rehearing;
(2) if a motion for
				  rehearing is timely filed, on the date:
(A)
				  the order denying the latest filed motion for rehearing is signed; or
(B) the latest filed motion for rehearing is
				  overruled by operation of law;
(3) if the Commission finds that an imminent
				  peril to the public health, safety, or welfare requires immediate effect of a
				  decision or order, on the date the decision or order is signed, provided that
				  the agency incorporates in the decision or order a factual and legal basis
				  establishing an imminent peril to the public health, safety, or welfare;
				  or
(4) on:
(A) the date specified in the decision or
				  order for a case in which all parties agree to the specified date in writing or
				  on the record; or
(B) if the agreed
				  specified date is before the date the decision or order is signed, the date the
				  decision or order is signed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter H - DECISION › Section 1.131 - Administrative Record

Current through Reg. 49, No. 28; July 12, 2024
The party appealing the Commission's order shall pay to the
					 Commission the cost of preparing the original or a certified copy of the record
					 prior to it being transmitted to the reviewing court at rates approved by the
					 Office of the Attorney General of Texas. When more than one party appeals the
					 Commission's order, the cost of the preparation of the record shall be divided
					 equally among the appealing parties or as agreed by the
					 parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 1 - PRACTICE AND PROCEDURE › Subchapter J - RULEMAKING › Section 1.301 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  interested person may petition the Commission requesting adoption of a rule.
				  Petitions shall be in writing and filed with the Office of General
				  Counsel.
(b) Each petition must
				  state the name and address of the petitioner.
(c) Each petition shall include:
(1) a brief explanation of the proposed
				  rule;
(2) the text of the proposed
				  rule prepared in a manner to indicate the words to be added or deleted from the
				  current text, if any;
(3) a
				  statement of the statutory or other authority under which the rule is proposed
				  to be promulgated; and
(4) a
				  justification for adoption of the rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 2 - INFORMAL COMPLAINT PROCEDURE › Section 2.5 - Informal Complaint Process Regarding Loss of or Inability to Account for Gas

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This
				section implements the provisions of Texas Natural Resources Code, §
									RSA
				85.065, which applies only to the loss of or
				inability to account for natural gas that is tendered by a producer to a
				gatherer or transporter of gas on or after September 1, 2007. The loss of or
				inability to account for natural gas that is tendered by a producer to a
				gatherer or transporter of gas before September 1, 2007, is governed by the law
				in effect on the date the gas was tendered.
(b) Policy. The Commission will apply the
				policies, definitions, and procedures set forth in §
									RSA
				2.1 of this title (relating to Informal
				Complaint Procedure), to the extent they are consistent with this section. If
				the provisions of §
									RSA
				2.1 of this title are inconsistent with this
				section or are not applicable, the provisions of this section will apply to
				complaints filed pursuant to Texas Natural Resources Code, §
									RSA
				85.065.
(c) Definitions. In addition to the
				definitions in §
									RSA
				2.1 of this title, the following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Accounting--A comprehensive record of the details of the taking or acceptance
				of a producer's gas and the movement of that gas from the time and place of
				taking or acceptance to a delivery point by a person who gathers or transports
				that gas, which may include measurements, quality analyses, processing, and
				treatment; amounts used for fuel, dehydration, compression, or flaring; liquids
				extraction or removal of hydrocarbons; quantity of gas redelivered, allocated,
				or sold for the producer's account; and the physical system used by the person
				who gathers or transports gas for a producer.
(2) Loss of or inability to account for
				gas--For purposes of mediating disputes pertaining to issues involving the
				"loss of or inability to account for gas," the Commission will examine the
				difference between the amount of gas metered into a system and the amount
				metered out.
(3) Person who gathers
				or transports gas--Any common purchaser of gas, gas utility, or taker of
				natural gas including but not limited to a gas pipeline that provides gas
				gathering and/or transmission transportation service for a fee or some other
				compensation. A common purchaser that does not gather or transport gas is not
				subject to this section.
(4)
				Producer--A person who owns or operates a well or wells producing oil or gas or
				both.
(5) Waste--Waste of gas as
				defined in Texas Natural Resources Code, §
										RSA
				85.046.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.1 - Organization Report; Retention of Records; Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing
				requirements.
(1) Except as provided under
				subsection (e) of this section, no organization, including any person, firm,
				partnership, joint stock association, corporation, or other organization,
				domestic or foreign, operating wholly or partially within this state, acting as
				principal or agent for another, for the purpose of performing operations within
				the jurisdiction of the Commission shall perform such operations without having
				on file with the Commission an approved organization report and financial
				security as required by Texas Natural Resources Code §§
										RSA
				91.103 -
				RSA
				91.1091. Operations within the jurisdiction
				of the Commission include, but are not limited to, the following:
(A) drilling, operating, or producing any
				oil, gas, geothermal resource, brine mining injection, fluid injection, or oil
				and gas waste disposal well;
(B)
				transporting, reclaiming, treating, processing, or refining crude oil, gas and
				products, or geothermal resources and associated minerals;
(C) discharging, storing, handling,
				transporting, reclaiming, or disposing of oil and gas waste, including hauling
				salt water for hire by any method other than pipeline;
(D) operating gasoline plants, natural gas or
				natural gas liquids processing plants, pressure maintenance or repressurizing
				plants, or recycling plants;
(E)
				recovering skim oil from a salt water disposal site;
(F) nominating crude oil;
(G) operating a directional survey
				company;
(H) cleaning a reserve
				pit;
(I) operating a
				pipeline;
(J) operating as a
				cementer approved for plugging wells, operating as a cementer cementing casing
				strings or liners, or operating a well service company performing well
				stimulation activities, including hydraulic fracturing; or
(K) operating an underground hydrocarbon or
				natural gas storage facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.2 - Commission Access to Properties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The commission or its representatives shall have access to come upon any lease
				or property operated or controlled by an operator, producer, or transporter of
				oil, gas, or geothermal resources, and to inspect any and all leases,
				properties, and wells and all records of said leases, properties, and
				wells.
(b) Designated agents of the
				commission are authorized to make any tests on any well at any time necessary
				for conservation regulation, and the owner of such well is hereby directed to
				do all things that may be required of him by the commission's agent to make
				such tests in a proper manner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.3 - Identification of Properties, Wells, and Tanks

Current through Reg. 49, No. 28; July 12, 2024
Each property that produces oil, gas, or geothermal resources
				  and each oil, gas, or geothermal resource well and tank, or other approved
				  crude oil measuring facility where tanks are not utilized thereon, shall at all
				  times be clearly identified as follows.
(1) A sign shall be posted at the principal
				entrance to each such property which shall show the name by which the property
				is commonly known and is carried on the records of the commission, the name of
				the operator, and the number of acres in the property.
(2) A sign shall be posted at each well site
				which shall show the name of the property, the name of the operator, and the
				well number.
(3) A sign shall be
				posted at or painted on each oil stock tank and on each remotely located
				satellite tank, or on each approved crude oil measuring facility where tanks
				are not utilized, that is located on or serving each property, which signs
				shall show, in addition to the information provided for in paragraph (1) of
				this section, the commission lease number for the formation from which oil in
				the tank, or in an approved crude oil measuring facility, is produced, and
				where oil from more than one formation is commingled in the same tank, or in an
				approved crude oil measuring facility, the sign shall show the number of the
				commission permit that authorized the commingling of the oil; provided that, if
				there is more than one tank in a battery which contains oil from only one
				formation or oil from different formations that is commingled pursuant to a
				single commingling permit, it will not be necessary for the sign to be posted
				at or painted on each tank if the sign posted at or painted on a tank in the
				battery shows the required information and clearly identifies, by tank number
				or otherwise, the tanks to which the information is applicable.
(4) If a well is separately completed in two
				or more producing formations, the wellhead valve and flow line serving each
				separate formation shall be identified by a metal tag or other lettering
				attached to or painted on either the valve or flow line which shows the name of
				the formation and identifies the completion string of casing or tubing, as for
				example "C" for casing; "UT" for upper tubing; "LT" for lower tubing, etc.,
				each being preceded or followed by the name of the producing
				formation.
(5) The signs and
				identification required by this section shall be in the English language,
				clearly legible, and in the case of the signs required by paragraphs (1), (2),
				and (3) of this section shall be in letters and numbers at least one inch in
				height.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.4 - Oil and Geothermal Lease Numbers and Gas Well ID Numbers Required on All Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Lease name and
				number.
(1) All operators with oil and
				geothermal producing properties must ascertain from the appropriate proration
				schedule the lease number assigned to each separate lease, and thereafter
				include on each commission-required form or report the exact lease name and its
				number as they appear on the current proration schedule for all
				leases.
(2) No commission-required
				form or report will be accepted until the form or report is properly completed,
				including both the lease name and lease number applicable thereto.
(3) If a lease has not been issued a lease
				number on the current proration schedule, the lease shall have assigned to it
				the exact lease name as shown on the form first submitted, and in addition
				thereto a lease number will be assigned at the same time the form reflecting
				the potential test is submitted and processed. Subsequent to the assignment of
				a lease number, such number together with the exact lease name as submitted on
				the appropriate form must appear on all future forms and reports submitted to
				the commission, the lease number and lease name as assigned by the commission
				to be evidenced to the operator on the face of the supplement establishing the
				allowable for the lease.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.5 - Application To Drill, Deepen, Reenter, or Plug Back

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements for spacing, density, and
				units. An application for a permit to drill, deepen, plug back, or reenter any
				oil well, gas well, or geothermal resource well shall be made under the
				provisions of §§3.37, 3.38, 3.39, and/or 3.40 of this title (relating
				to Statewide Spacing Rule; Well Densities; Proration and Drilling Units:
				Contiguity of Acreage and Exception Thereto; and Assignment of Acreage to
				Pooled Development and Proration Units) (Statewide Rules 37, 38, 39, and 40),
				or as an exception thereto, or under special rules governing any particular
				oil, gas, or geothermal resource field or as an exception thereto and filed
				with the commission on a form approved by the commission. An application must
				be accompanied by any relevant information, form, or certification required by
				the Railroad Commission or a commission representative necessary to determine
				compliance with this rule and state law.
(b) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Application--Request by an organization made either on the prescribed form or
				electronically pursuant to procedures for electronic filings adopted by the
				commission for a permit to drill, deepen, plug back, or reenter any oil well,
				gas well, or geothermal resource well.
(2) Commission--The Railroad Commission of
				Texas.
(3) Commission
				representative--A commission employee authorized to act for the commission. Any
				authority given to a commission representative is also retained by the
				commission. Any action taken by the commission representative is subject to
				review by the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.6 - Application for Multiple Completion

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Authority will be granted to multicomplete a well in separate reservoirs that
				are not in communication without the necessity of notice and hearing on each
				separate application; provided, that an application for multiple completion on
				the form prescribed and the required accompanying data, as hereafter listed, is
				filed with the Engineering unit of the Commission's Permitting and Production
				Section for its consideration and approval.
(b) If the proposed zones of completion are
				not presently recognized by the commission as being acceptable for
				multicompletion approval, all data necessary to substantiate a conclusion by
				the commission that the proposed zones of completion are feasible and
				reasonably susceptible of having multicompleted and producing wells drilled
				thereto and therein must be filed with the application.
(c) If the additional data furnished with the
				application is not considered by the commission to be sufficient to establish
				the proposed zones of completion as separate zones of production which are
				feasible and reasonably susceptible of having multicompleted and producing
				wells drilled thereto and therein, or if any party protests such an
				application, then, if an operator so elects, his application will be set for
				hearing.
(d) Multiple completion
				authority for a well will not be granted unless the following required data
				have been filed with the Engineering unit of the Commission's Permitting and
				Production Section:
(1) application for
				multiple completion properly executed and attested;
(2) electrical log or portion of the electric
				log of the well or a type electric log or a portion of the type electric log
				showing clearly thereon the subsurface location of the separate reservoirs
				claimed. Any electric log filed will be considered public information pursuant
				to §
										RSA
				3.16 of this title (relating to Log and
				Completion Report (Statewide Rule 16);
(3) packer setting report where
				applicable;
(4) packer leakage test
				or communication test;
(5)
				diagrammatic sketch of the mechanical installation;
(6) letters of waiver from offset operators,
				or evidence that notice of application to multicomplete was given to said
				operators.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.7 - Strata To Be Sealed Off

Current through Reg. 49, No. 28; July 12, 2024
Whenever hydrocarbon or geothermal resource fluids are
				  encountered in any well drilled for oil, gas, or geothermal resources in this
				  state, such fluid shall be confined in its original stratum until it can be
				  produced and utilized without waste. Each such stratum shall be adequately
				  protected from infiltrating waters. Wells may be drilled deeper after
				  encountering a stratum bearing such fluids if such drilling shall be prosecuted
				  with diligence and any such fluids be confined in its stratum and protected as
				  aforesaid upon completion of the well. The commission will require each such
				  stratum to be cased off and protected, if in its discretion it shall be
				  reasonably necessary and proper to do so.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.10 - Restriction of Production of Oil and Gas from Different Strata

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				prohibition. Oil or gas shall not be produced from different strata through the
				same string of tubulars except as provided in this section. As used in this
				section, "different strata" means two or more different commission-designated
				fields, or one or more commission-designated fields and any other hydrocarbon
				reservoir.
(b) Exception. After
				notice and an opportunity for a hearing, the commission or its delegate may
				grant an exception to subsection (a) of this section to permit production from
				a well or wells commingling oil or gas or oil and gas from different strata, if
				commingled production will prevent waste or promote conservation or protect
				correlative rights.
(c) Notice of
				Application for Exception.
(1) Timing of
				Notice.
(A) The applicant shall give notice
				of each request for an exception by serving a copy of the application to
				commingle production on all affected operators at the same time the application
				is filed with the commission.
(B)
				Service shall be accomplished by delivering a copy of the application to the
				operator to be served, or to the operator's duly authorized representative, in
				person, by agent, by courier receipted delivery, by first class mail to the
				operator's mailing address as shown on the operator's most recently filed Form
				P-5 (Organization Report) or the most recently filed letter notification of
				change of address, or by such other manner as the commission may
				direct.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.12 - Directional Survey Company Report

Current through Reg. 49, No. 28; July 12, 2024
(a) For each well drilled for oil, gas, or
				geothermal resources for which a directional survey report is required by rule,
				regulation, or order, the surveying company shall prepare and file the
				following information. The information shall be certified by the person having
				personal knowledge of the facts, by execution and dating of the data compiled:
(1) the name of the surveying
				company;
(2) the name of the
				individual performing the survey for the surveying company;
(3) the title or position the individual
				holds with the surveying company;
(4) the date on which the individual
				performed the survey;
(5) the type
				of survey conducted and whether the survey was multishot;
(6) a complete identification of the well,
				including the name of the operator of the well; the fee owner; the commission
				lease number, if assigned; the well number; the API number, and the drilling
				permit number, the land survey; the field name; and the county and state;
				and
(7) a notation that the survey
				was conducted from a depth of ____ feet to ____ feet.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.16 - Log and Completion or Plugging Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise:
(1)
				Electric log--A density, sonic, or resistivity (except dip meter) log run over
				the entire wellbore.
(2) Drilling
				operation--A continuous effort to drill or deepen a wellbore for which the
				commission has issued a permit.
(3)
				Operator--A person who assumes responsibility for the regulatory compliance of
				a well as shown by a form the person files with the commission and the
				commission approves.
(4) Well--A
				well drilled for any purpose related to exploration for or production or
				storage of oil or gas or geothermal resources, including a well drilled for
				injection of fluids to enhance hydrocarbon recovery, disposal of produced
				fluids, disposal of waste from exploration or production activity, or brine
				mining.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.17 - Pressure on Bradenhead

Current through Reg. 49, No. 28; July 12, 2024
(a) All wells
				shall be equipped with a Bradenhead. Whenever pressure develops between any two
				strings of casing, the district office shall be notified immediately. No cement
				may be pumped between any two strings or pipe at the top of the hole, except
				after permission has been granted by the district office.
(b) Any well showing pressure on the
				Bradenhead, or leaking gas, oil, or geothermal resource between the surface and
				the production or oil string shall be tested in the following manner. The well
				shall be killed and pump pressure applied through the tubing head. Should the
				pressure gauge on the Bradenhead reflect the applied pressure, the casing shall
				be condemned and a new production or oil string shall be run and cemented. This
				method shall be used when the origin of the pressure cannot be determined
				otherwise.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.18 - Mud Circulation Required

Current through Reg. 49, No. 28; July 12, 2024
When coming out of the hole with the drill pipe, drilling
				  fluid shall be circulated until equalized, and a fill-up line shall be turned
				  into the casing to insure a full load of fluid on the bottom of the hole at all
				  times.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 3 - OIL AND GAS DIVISION › Section 3.19 - Density of Mud - Fluid

Current through Reg. 49, No. 28; July 12, 2024
In cable tool drilling, no operator shall drill into a known
				  oil, gas, or geothermal resource producing formation with water from a higher
				  formation in the hole, or with a sufficient head of water introduced into the
				  hole to prevent gas blowing to the surface. The well shall either be allowed to
				  blow until it has been drilled-in or it shall be drilled under a head of fluid
				  whose weight shall average not less than 9 1/2 pounds per gallon; but in no
				  case shall gas be allowed to blow for a longer period than three days after
				  completion of the well. Mud-laden fluid used for protecting oil, gas, or
				  geothermal resource bearing sands in upper formations while oil, gas, or
				  geothermal resource is being produced from deeper formations shall have an
				  average weight of not less than 91 pounds per gallon.