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Texas Natural Resources Code - Chapter 91 Provisions Generally ApplicableLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 91 Provisions Generally Applicable Text of section effective until delegation of RCRA authority to Railroad Commission of Texas (a) To prevent pollution of surface water or subsurface water ... Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas To prevent pollution of surface water or subsurface water in ... Text of section effective until delegation of RCRA authority to Railroad Commission of Texas (a) In this subchapter, "oil and gas waste" means waste ... Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas (a) In this subchapter, "oil and gas waste" means waste ... Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions relating to the quality of ... (a) With each application for a fluid injection well permit, the applicant shall submit to the commission a nonrefundable fee of $200. In this section, ... The commission is directed to employ additional personnel necessary to administer this subchapter and related laws and rules and orders adopted by the commission. Acts ... Any person, including any firm, partnership, joint stock association, corporation, or other organization, required to file an organization report under Section 91. 142 of this ... (a) The commission shall require a bond, letter of credit, or cash deposit to be filed with the commission as provided by Subsection (b). (b) ... (a) A person required to file a bond, letter of credit, or cash deposit under Section 91.103 who operates one or more wells may file ... (a) A person required to file a bond, letter of credit, or cash deposit under Section 91.103 may file a blanket bond to cover all ... Each bond required by Section 91.103 shall be conditioned that the operator will plug and abandon all wells and control, abate, and clean up pollution ... Each bond shall be executed by a corporate surety authorized to do business in this state and shall be renewed and be continued in effect ... If an active or inactive well is transferred, sold, or assigned by its operator, the commission shall require the party acquiring the well to file ... Subject to the refund provisions of Section 91.1091, if applicable, proceeds from bonds and other financial security required pursuant to this chapter and benefits under ... (a) A person applying for or acting under a commission permit to store, handle, treat, reclaim, or dispose of oil and gas waste may be ... The commission shall refund the proceeds from a bond, letter of credit, or cash deposit required under this subchapter if: (1) the conditions that caused ... To encourage the reduction and minimization of oil and gas waste, the commission shall implement a program to: (1) provide operators with training and technical ... (a) The oil-field cleanup fund is created as a special fund in the state treasury. (b) The commission shall certify to the comptroller the date ... (a) Money in the fund may be used by the commission or its employees or agents for: (1) conducting a site investigation or environmental assessment ... (a) If oil and gas wastes or other substances or materials regulated by the commission under Section 91.101 are causing or are likely to cause ... (a) The commission by rule may establish risk assessment as the guide for: (1) conducting site investigations and environmental assessments; and (2) controlling and cleaning ... The commission by rule shall develop a system for: (1) identifying abandoned wells that pose a high risk of contaminating surface water or groundwater; (2) ... (a) In this section, "committee" means the Oil-Field Cleanup Fund Advisory Committee. (b) The committee is composed of 10 members as follows: (1) one member ... (a) Except as provided by Subsection (d), the commission may not accept an organization report required under Section 91.142 or an application for a permit ... (a) If a responsible person fails to clean up a site or facility that has ceased oil and gas operations under the commission's jurisdiction on ... (a) In this section, "commercial surface disposal facility" means a facility whose primary business purpose is to provide, for compensation, surface disposal of oil field ... (a) In this section, "commercial surface disposal facility" has the meaning assigned by Section 91.116. (b) The commission may hold a public meeting to receive ... (a) Owners and operators of oil and gas wells shall keep books that show accurately: (1) the amount of sold and unsold stock; (2) the ... (a) A person, firm, partnership, joint stock association, corporation, or other domestic or foreign organization operating wholly or partially in this state and acting as ... (a) A person may not: (1) make or subscribe any application, report, or other document required or permitted to be filed with the commission by ... This subchapter may be cited as the Underground Natural Gas Storage and Conservation Act of 1977. Added by Acts 1979, 66th Leg., p. 1996, ch. ... The underground storage of natural gas promotes the conservation of natural gas, permits the building of reserves for orderly withdrawal in periods of peak demand, ... In this subchapter: (1) "Person" means any natural person, partnership or other combination of natural persons, corporation, group of corporations, trust, or governmental entity. (2) ... (a) Any storer desiring to exercise the right of eminent domain for the acquisition of a storage facility shall, as a condition precedent to the ... The commission shall have jurisdiction to supervise the construction and operation of all storage facilities formed pursuant to this subchapter, and in addition to the ... A storer may withdraw from storage injected and stored gas as market demand dictates. However, any time a storer's withdrawals from a storage facility equal ... (a) A storer must initiate injection operations for gas storage within 12 months after the condemnation order of the court becomes final and storage operations ... In the event the acquisition or operation of a storage facility acquired through the exercise of the power of eminent domain requires the relocation or ... After an order of the commission is issued approving a storage facility, a storer may condemn without further attack as to its right to condemn, ... (a) The finding by the commission that underground storage is in the public interest is binding on all persons whose property the storer has the ... All proceedings in connection with the condemnation and acquisition of storage facilities shall be in accordance with Articles 3264 through 3271, Revised Civil Statutes of ... All natural gas in the stratum condemned which is not native gas, and which is subsequently injected into storage facilities is personal property and is ... (a) In the event there are remaining reserves of native gas in the storage facility which are dedicated to a purchaser and the purchaser and ... (a) When a storer has permanently abandoned the storage facility, the storer shall file with the commission a notice of abandonment, and shall file an ... In this subchapter: (1) "Underground hydrocarbon storage facility" or "storage facility" means a subsurface sand, stratum, or geological formation used for the underground storage of ... It is the policy of this state and the purpose of this subchapter to prevent the waste of oil, gas, and products of oil or ... (a) The commission shall supervise or monitor the construction, operation, maintenance, and closure of storage facilities. (b) The commission may adopt reasonable rules or issue ... (a) The commission by rule may require a person who creates, operates, maintains, or abandons an underground hydrocarbon storage facility to obtain a permit from ... Members and employees of the commission may enter public or private property at reasonable times to inspect and investigate conditions relating to the creation, operation, ... Members and employees of the commission may examine and copy during regular business hours records pertaining to the creation, operation, maintenance, or abandonment of an ... (a) On receipt of notice from the commission that a person creating, operating, maintaining, or abandoning an underground hydrocarbon storage facility has violated this subchapter ... In this subchapter: (1) "Intrastate gas pipeline facility" has the meaning assigned by the United States Department of Transportation under Chapter 601, Title 49, United ... (a) The commission has jurisdiction over: (1) natural gas underground storage; and (2) surface and subsurface equipment and facilities used for natural gas underground storage. ... (a) In addition to other authority specifically granted to the commission under this subchapter, the commission may enforce this subchapter or a rule adopted or ... (a) The commission may inspect a storage facility for compliance with the safety standards and practices and the recordkeeping requirements adopted under Sections 91.255, 91.257, ... (a) The commission by rule shall adopt safety standards and practices for natural gas underground storage and storage facilities. The standards and practices must: (1) ... A municipality or county may not adopt or enforce an ordinance that establishes a safety standard or practice applicable to a storage facility that is ... The commission may require the owner or operator of a storage facility to prepare a safety procedure manual for each storage facility and to: (1) ... (a) An owner or operator of a storage facility shall: (1) maintain records and make reports relating to construction, operation, or maintenance of the facility ... A person may not: (1) intentionally damage or destroy a storage facility; or (2) disable a safety device in a storage facility except to: (A) ... (a) The attorney general, at the request of the commission, shall bring a civil action against a person who has violated or is violating this ... (a) The commission may assess, as provided by this section and Sections 91.262, 91.263, and 91.264, an administrative penalty against a person who violates this ... (a) An administrative penalty may be assessed only after the person charged under Section 91.261 has been given an opportunity for a public hearing. If ... (a) Not later than the 30th day after the date on which the commission's order imposing an administrative penalty becomes final as provided by Section ... (a) Judicial review of a commission order imposing an administrative penalty is: (1) instituted by filing a petition as provided by Subchapter G, Chapter 2001, ... In this subchapter: (1) "Payee" means any person or persons legally entitled to payment from the proceeds derived from the sale of oil or gas ... (a) The proceeds derived from the sale of oil or gas production from an oil or gas well located in this state must be paid ... (a) If payment has not been made for any reason in the time limits specified in Section 91.402 of this code, the payor must pay ... (a) If a payee seeks relief for the failure of a payor to make timely payment of proceeds from the sale of oil or gas ... This subchapter does not apply to any royalties that are payable to: (1) the board of regents of The University of Texas System under a ... If a suit is filed to collect proceeds and interest under this subchapter, the court shall include in any final judgment in favor of the ... (a) Following a change in payor, the new payor shall give written notice to each payee to whom the payor is responsible for distributing oil ... (a) A payor of proceeds from the sale of gas produced from a tight formation as defined by Section 29(c)(2)(B), Internal Revenue Code of 1986, ... In this subchapter, "saltwater disposal pit" means a collecting pit on the surface of the ground used to store or evaporate oil field brines, geothermal ... Except as provided by this subchapter, a person conducting oil and gas development or production operations, geothermal operations, or underground hydrocarbon storage operations may not ... (a) On written application, the commission or its designated employee may administratively authorize a person to use a saltwater disposal pit on a temporary emergency ... (a) A person who is authorized to operate a saltwater disposal pit under Section 91.453 of this code shall close the pit within 45 days ... (a) The commission shall adopt rules that: (1) define the procedures for obtaining authorization to operate a saltwater disposal pit; (2) define the conditions under ... If a person is operating a saltwater disposal pit in violation of this subchapter or the commission's rules, standards, or specifications, the commission may have ... (a) The commission may order a person who is operating a saltwater disposal pit in violation of this subchapter to close the pit in compliance ... (a) A person who violates Section 91.452 of this code or an order of the commission under Subsection (a), Section 91.457, commits an offense. (b) ... (a) A person who violates this subchapter or a rule, standard, or specification of the commission or who fails to close a saltwater disposal pit ... In this subchapter, "payor" has the meaning assigned by Section 91.401. Added by Acts 2001, 77th Leg., ch. 824, § 1, eff. Jan. 1, 2002. ... If payment is made to a royalty interest owner from the proceeds derived from the sale of oil or gas production pursuant to a division ... Each check stub, attachment to a payment form, or other remittance advice must include: (1) the lease, property, or well name, any lease, property, or ... If a division order is not provided that includes the information required by Section 91.402(c)(1)(B), the payor must, at a minimum, provide prior to or ... (a) If the payor does not explain on the check stub, attachment to the payment form, or other remittance advice, or by a separate mailing, ... If a royalty interest owner requests information or answers to questions concerning a payment made pursuant to this subchapter, other than information requested under Section ... If the information required by Section 91.502 is provided in some other manner on a monthly basis, the payor is not required to include the ... (a) A royalty interest owner who does not receive the information required to be provided under Section 91.502 or 91.503 in a timely manner may ... (a) In this subchapter: (1) "Well" means a well drilled for any purpose related to exploration for or production or storage of oil or gas ... (a) Except as otherwise provided by this subchapter, not later than the 90th day after the date a drilling operation is completed, the operator shall ... (a) Except as specifically provided by this section, each electric log filed with the commission under this subchapter is not confidential and is public information ... If the commission requires an electric log to be filed before the expiration of a period of confidentiality, the commission shall make that electric log ... The commission may contract with any person for the management and storage of the electric logs filed with the commission. Added by Acts 1985, 69th ... If an operator fails to file an electric log as required by this subchapter, the commission may refuse to assign an allowable or a change ... In this subchapter: (1) "Oil and gas hazardous waste" means oil and gas waste that is a hazardous waste as defined by the administrator of ... (a) To protect human health and the environment, the commission shall adopt and enforce rules and orders and may issue permits relating to the generation, ... (a) A member or employee of the commission, on proper identification, may enter public or private property to: (1) inspect and investigate conditions relating to ... (a) A person who knowingly violates a rule, order, or permit of the commission issued under this subchapter commits an offense. (b) An offense under ... (a) An annual fee is imposed on each operator who generates hazardous oil and gas waste. (b) The commission by rule shall set the fee, ... In this subchapter: (1) "Contaminant" includes a waste, pollutant, or substance regulated by, or that results from an activity under the jurisdiction of, the commission ... The purpose of the voluntary cleanup program is to provide an incentive to remediate property by removing the liability to the state of lenders, developers, ... (a) Any site that is contaminated with a contaminant is eligible for participation in the voluntary cleanup program except the portion of a site that ... (a) A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application ... (a) The commission may reject an application submitted under Section 91.654 if: (1) a state or federal enforcement action is pending that concerns the remediation ... (a) Before the commission evaluates any plan or report detailing the remediation goals and proposed methods of remediation, the person desiring to participate in the ... (a) The commission or the person in its sole discretion may terminate the agreement by giving 15 days' advance written notice to the other. Only ... (a) After signing a voluntary cleanup agreement, the person shall prepare and submit the appropriate work plans and reports to the commission. (b) The commission ... (a) If the commission determines that a person has successfully completed a voluntary cleanup approved under this subchapter, the commission shall certify that the action ... (a) A person who is not a responsible person under Section 91.113 at the time the person applies to perform a voluntary cleanup: (1) does ... (a) A state or local permit is not required for removal or remedial action conducted on a site as part of a voluntary cleanup under ... Last modified: August 10, 2007 |