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Texas Natural Resources Code - Chapter 111 Common Carriers, Public Utilities, And Common PurchasersLegal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Chapter 111 Common Carriers, Public Utilities, And Common Purchasers In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Public utility" means a person, association of persons, or corporation that owns, operates, ... A person is a common carrier subject to the provisions of this chapter if it: (1) owns, operates, or manages a pipeline or any part ... (a) The provisions of this chapter do not apply to pipelines that are limited in their use to the wells, stations, plants, and refineries of ... No person, including a common carrier, may transport crude oil or petroleum in this state unless the crude oil or petroleum has been produced or ... The operation of common carriers covered by this chapter is a business in which the public is interested and is subject to regulation by law. ... Particular powers granted to the commission by the provisions of this chapter do not limit the general powers conferred by other laws. Acts 1977, 65th ... A pipeline subject to the provisions of this chapter not exempt under Section 111.003 of this code, which is used in connection with the business ... Common carriers shall make and publish their tariffs under rules prescribed by the commission. Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, § ... Subject to the law and the rules prescribed by the commission, a common carrier shall receive and transport crude petroleum delivered to it for transportation ... (a) A common carrier in its operations as a common carrier shall not discriminate between or against shippers with regard to facilities furnished, services rendered, ... (a) No common carrier in its operations as a common carrier may charge, demand, collect, or receive either directly or indirectly from anyone a greater ... A common carrier is not guilty of discrimination when obeying an order of the commission. Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, ... (a) Common carriers have the right and power of eminent domain. (b) In the exercise of the power of eminent domain granted under the provisions ... In the event a common carrier pipeline in the exercise of the power of eminent domain or police power or any other power granted under ... (a) The right of eminent domain granted under this chapter to any pipelines transporting coal in whatever form shall not include and cannot be used ... Every condemnation award granted under this chapter shall require that the condemnor restore the property which is the subject of the award to its former ... (a) Unless the terms of the grant or the condemnation judgment expressly provide otherwise, or the easement rights otherwise prescriptively owned through actual use are ... (a) Subject to the provisions of Subsection (b) of this section, all common carriers are entitled to lay, maintain, and operate along, across, or under ... A common carrier is entitled to lay its pipe or pipeline under any railroad, railroad right-of-way, street railroad, or canal in this state. Acts 1977, ... The provisions of this chapter do not grant a pipeline company the right to use a public street or alley in an incorporated or unincorporated ... (a) A common carrier shall exchange crude petroleum tonnage with each like common carrier. (b) When a necessity exists, the commission may require connections and ... No common carrier may be required at any time to receive for shipment from any person more than 3,000 barrels of petroleum in any one ... (a) No common carrier may abandon any of its connections or lines except under authority of a permit granted by the commission or with written ... A public utility is subject to the provisions of this subchapter and other provisions of this chapter relating to public utilities. Acts 1977, 65th Leg., ... No public utility in its operations as a public utility may discriminate between or against its patrons in regard to facilities furnished or services rendered, ... (a) Before engaging in business as a public utility, a person, association, or corporation that is to engage in business as a public utility shall ... A public utility shall have a lien on the commodity in its possession to secure it in the payment of all proper storage charges against ... (a) In this subchapter, "common purchaser" means: (1) every person that purchases crude oil or petroleum produced within the limits of this state and that ... Persons, gas pipeline companies, and gas purchasers claiming or exercising the right to carry or transport natural gas by pipeline or pipelines for hire, compensation, ... A common purchaser as defined in Subdivision (2), Subsection (a), Section 111.081 of this code shall purchase or take the natural gas purchased or taken ... The operation of gathering systems for crude petroleum by pipeline or by truck in connection with the purchase or purchase and sale of crude petroleum ... Common purchasers as defined in Subdivision (3), Subsection (a), Section 111.081 of this code are subject to the same regulation concerning rates and charges for ... (a) A common purchaser shall purchase oil offered to it for purchase without discrimination in favor of one producer or person against another producer or ... (a) No common purchaser may discriminate between or against crude oil or petroleum of a similar kind or quality in favor of its own production, ... After proper notice and hearing as provided by law, the commission may relieve any common purchaser from the duty of purchasing petroleum of inferior quality ... (a) In making purchases of royalty oil, a common purchaser shall comply with the provisions of this subchapter, Subchapters C, F, and G of this ... The commission shall enforce compliance with this subchapter, Subchapters C, F, and G of this chapter, and Sections 111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, ... (a) The commission shall make inquiry in each field concerning the connection of various producers, and if discrimination is found to be practiced by a ... On information that discrimination is practiced in its purchases by a common purchaser, the commission shall request the attorney general to bring a mandatory injunction ... (a) If a domestic corporation that is a common purchaser violates any provision of this subchapter, Subchapter C, F, or G of this chapter, or ... (a) If a foreign corporation that is a common purchaser violates a provision of this subchapter, Subchapter C, F, or G of this chapter, or ... (a) If a person is discriminated against by a common purchaser in favor of the production of the common purchaser, the person may bring an ... Notwithstanding the provisions of any statute or law including the provisions of this subchapter, Subchapters C, F, and G of this chapter, and Sections 111.004, ... (a) No provision of this subchapter may be construed as modifying, limiting, changing, repealing, or affecting in any manner any part of the present law ... The commission shall establish and promulgate rules for gathering, transporting, loading, and delivering crude petroleum by common carriers in this state and for use of ... (a) The commission shall establish and enforce rules governing: (1) the character of facilities to be furnished by public utilities; (2) the forms of receipts ... The commission may make rules for the enforcement of the provisions of Subchapters C, D, and F of this chapter and Sections 111.004, 111.025, 111.131 ... No order of the commission establishing, prescribing, or modifying rules or rates may be made except after a hearing and after not less than 10 ... Until set aside or vacated by an order or decree of a court of competent jurisdiction, all orders of the commission relating to any matter ... A person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in ... On its own initiative without complaint, and after proper notice and hearing, as provided by law the commission may authorize or require by order any ... The commission may investigate the books and records kept by any common carrier in connection with its business. Acts 1977, 65th Leg., p. 2587, ch. ... (a) The commission shall require each common carrier to make reports including duly verified monthly reports of: (1) the total quantities of crude petroleum owned ... (a) On or before the 20th day of each calendar month, every common carrier in this state and every public utility shall file with the ... (a) The commission shall make rules for: (1) the ascertainment of the amount of water and other foreign matter in oil tendered for transportation; (2) ... If more crude petroleum is offered for transportation by a common carrier than can be transported immediately, it shall be apportioned equitably, and the commission ... The commission shall establish and promulgate rates of charges for gathering, transporting, loading, and delivering crude petroleum by common carriers in this state and for ... The rates established and promulgated by the commission shall include both single- and joint-line transportation, deduction for evaporation and shrinkage, demurrage, storage, and overage charges ... The basis of the rates shall be an amount that will provide a fair return on the aggregate value of the property of a common ... The commission has reasonable latitude in establishing and adjusting competitive rates. Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, § 1, eff. Sept. ... If a common carrier makes application or files a tariff to establish a new rate on either a new or old line, a temporary rate ... If rates have been filed, each shipper who pays these filed rates is entitled to reparation or reimbursement of all excess rates or transportation charges ... If a rate is filed by a common carrier and complaint against the rate or petition to reduce the rate is filed by a shipper, ... The commission shall hold a general hearing once each year for the purpose of adjusting rates to conform to the basis of rates and charges ... If a person at interest files an application for a change in a rate or rates, the commission shall call a hearing and immediately after ... On its own motion or on motion of any interested person, the commission shall hold a hearing to adjust, establish, and promulgate a proper rate ... Any person or the attorney general on behalf of the state may institute proceedings before the commission or apply for a hearing before the commission ... If a rule or order promulgated by the commission under Subchapter C, D, or F of this chapter or Section 111.004, 111.025, 111.131 through 111.133, ... On application by the commission and after notice and hearing, the judge of the trial court may appoint a receiver of the property involved in ... As soon as the receiver has qualified, he shall take possession of the property and shall perform his duties as receiver of the property under ... A party whose property has been placed in the hands of a receiver may move to dissolve the receivership and discharge the receiver only on ... (a) Before dissolving the receivership or discharging the receiver, the court, in its discretion, may require the party applying for the dissolution or discharge to ... The provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, apply in ... A common carrier under this chapter is subject to a penalty of not less than $100 nor more than $1,000 for each offense, recoverable in ... A common carrier is subject to a penalty of not less than $100 nor more than $1,000 for each offense of unlawful discrimination as defined ... (a) Any person who violates a provision of Subchapter C, D, F, or G of this chapter or Section 111.004, 111.025, 111.131 through 111.133, 111.136, ... A person that is a common carrier under Subsection (5), Section 111.002 of this code must apply for and be issued a certificate of public ... (a) The commission is further authorized, empowered, and directed to issue certificates of public convenience and necessity to pipelines transporting coal in whatever form or ... (a) The coal pipeline applicant shall publish, in accordance with regulations promulgated by the commission and existing law, a notice that it has filed an ... No common carrier pipeline transporting coal in whatever form shall contract or otherwise agree to transport coal for a term in excess of three years ... (a) The commission shall seek and act on the recommendations of the Texas Natural Resource Conservation Commission, the Governor's Energy Advisory Council, or their successors ... In this subchapter, "well wastewater" means water containing salt or other substances produced during drilling or operating oil and other types of wells. Added by ... A well wastewater corporation may be created to gather, store, and impound well wastewater and to prevent the flow of the well wastewater into a ... In addition to the general powers conferred to a private corporation, a well wastewater corporation may acquire, own, and operate a ditch, canal, pipeline, levee, ... (a) A well wastewater corporation may condemn land or a property right necessary for a purpose of the corporation. (b) A well wastewater corporation's ditch, ... (a) A well wastewater corporation shall serve all well wastewater producers in the area in which the corporation operates to the extent the corporation has ... A corporation interested in the proper disposition of well wastewater may purchase, own, or vote stock in a well wastewater corporation. Added by Acts 1997, ... Last modified: August 11, 2007 |
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