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- Texas Natural Resources Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Natural Resources Code Section 1.002 - Construction Of Code
The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this ...
- Texas Natural Resources Code Section 11.001 - Definitions
In this chapter: (1) "State" means the State of Texas. (2) "Land office" means the General Land Office. (3) "Commissioner" means the Commissioner of the ...
- Texas Natural Resources Code Section 11.011 - Vacant And Unappropriated Land
So that the law relating to the public domain may be brought together, the following extract is taken from the joint resolutions of the Congress ...
- Texas Natural Resources Code Section 11.0111 - Location Of Coastal Boundaries
(a) The commissioner shall: (1) have the area between the coastline of the Gulf of Mexico and the Three Marine League line compiled and platted; ...
- Texas Natural Resources Code Section 11.012 - Gulfward Boundary Of Texas
(a) The gulfward boundary of the State of Texas is the boundary determined in and pursuant to the decision of the United States Supreme Court ...
- Texas Natural Resources Code Section 11.013 - Gulfward Boundaries Of Counties, Cities, Towns, Or Villages
(a) The gulfward boundary of each county located on the coastline of the Gulf of Mexico is the Three Marine League line as determined by ...
- Texas Natural Resources Code Section 11.0131 - Jurisdiction Of Home-Rule Cities Over Submerged Lands
(a) In this section: (1) "Coastline" has the meaning assigned by Section 11.013(c) of this code. (2) "State-owned submerged lands" means the state-owned submerged lands ...
- Texas Natural Resources Code Section 11.014 - Land Acquired From Oklahoma
(a) Land acquired by the state in Oklahoma v. Texas, 272 U.S. 21 (1926) and subsequent orders of the United States Supreme Court relating to ...
- Texas Natural Resources Code Section 11.015 - Extension Of Texas-New Mexico Boundary
(a) The boundary lines of all counties in the Texas Panhandle that border on the New Mexico boundary line are extended by extending the north ...
- Texas Natural Resources Code Section 11.016 - Land Acquired From Mexico In 1933
(a) The State of Texas recognizes the provisions of 54 Stat. 21 (1940) and accepts as part of its territory and assumes civil and criminal ...
- Texas Natural Resources Code Section 11.017 - Chamizal Area
(a) The State of Texas accepts as part of its territory and assumes civil and criminal jurisdiction over the tract of land lying adjacent to ...
- Texas Natural Resources Code Section 11.018 - Cession Of Certain El Paso Land
(a) To facilitate the project for rectification of the Rio Grande in the El Paso-Juarez Valley under the convention between the United States of America ...
- Texas Natural Resources Code Section 11.041 - Permanent School Fund
(a) In addition to land and minerals granted to the permanent school fund under the constitution and other laws of this state, the permanent school ...
- Texas Natural Resources Code Section 11.042 - Asylum Fund
The 400,000 acres of land set apart for the various asylums in equal portions of 100,000 acres for each by act of the legislature, approved ...
- Texas Natural Resources Code Section 11.043 - University Fund
After payment of the amount due to the permanent school fund for proceeds from the sale of the portion of the public land set aside ...
- Texas Natural Resources Code Section 11.071 - Recovery Of Value Of Minerals And Timber
(a) At least semiannually, the commissioner and the county attorney of each county shall report to the attorney general the name and address of each ...
- Texas Natural Resources Code Section 11.072 - Fences With And Without Gates
(a) A person who has used any of the pasture land by joining fences or otherwise and who builds or maintains more than three miles ...
- Texas Natural Resources Code Section 11.073 - Definition Of Fencing
In Sections 11.074 and 11.075 of this code, "fencing" means the erection of any structure of wood, wire, wood and wire, or any other material, ...
- Texas Natural Resources Code Section 11.074 - Herding And Line-Riding
(a) No owner of stock, manager, agent, employee, or servant may fence, use, occupy, or appropriate by herding or line-riding any portion of the public ...
- Texas Natural Resources Code Section 11.075 - Appropriation Of Land By Fencing
(a) Unless a lease for the land is obtained, any appropriation of public land of the state or land which belongs to the public schools ...
- Texas Natural Resources Code Section 11.076 - Unlawful Enclosures
(a) If the governor is credibly informed that any portion of the public land or the land which belongs to any of the special land ...
- Texas Natural Resources Code Section 11.077 - Suit Against Adverse Claimant
If any public land is held, occupied, or claimed adversely to the state or to any fund of the state by any person or if ...
- Texas Natural Resources Code Section 11.078 - Venue
A suit brought under the provisions of Section 11.076 or Section 11.077 of this code shall be brought in the county in which the land ...
- Texas Natural Resources Code Section 11.079 - Access To Land
(a) The state, a permittee of the state, or a lessee or assignee of state land or minerals dedicated to the permanent school fund may ...
- Texas Natural Resources Code Section 11.0791 - Other Provisions Regarding Access To State Lands
When a state governmental entity sells state land, the entity shall require that the state have the right of ingress and egress to remaining state ...
- Texas Natural Resources Code Section 11.080 - Damages To Persons And Personalty
When access to any land is obtained by the state under Section 11.079 of this code, the state shall be liable to the property owner ...
- Texas Natural Resources Code Section 11.081 - Rules
The General Land Office of the State of Texas shall promulgate and enforce rules governing the construction, maintenance, and use of roads created by access ...
- Texas Natural Resources Code Section 11.082 - Notice To School Land Board
(a) A state agency or political subdivision may not formally take any action that may affect state land dedicated to the permanent school fund without ...
- Texas Natural Resources Code Section 11.083 - Retention Of Mineral Rights
The state shall retain the mineral rights to state land that is sold unless it is impractical to do so. Added by Acts 1999, 76th ...
- Texas Natural Resources Code Section 11.084 - School Land Board Approval Of Patent For Interest In Land Released By State
(a) The School Land Board may approve a tract of land for patenting to release all or part of the state's interest in land, excluding ...
- Texas Natural Resources Code Section 11.085 - Procedure For Applying For Patent For Interest In Land Released By State
(a) A person claiming title to land may apply for a patent under Section 11.084 by filing with the commissioner an application on a form ...
- Texas Natural Resources Code Section 11.086 - Confidentiality Of Certain Information Related To Purchase Or Sale Of Real Property
(a) Information relating to the location, or purchase price, or sale price of real property purchased or sold by or for the School Land Board, ...
- Texas Natural Resources Code Section 12.001 - Adoption Of Compact
This state enacts the Red River Boundary Compact into law and enters into the compact with the State of Oklahoma if that state legally joins ...
- Texas Natural Resources Code Section 12.002 - Text Of Compact
The Red River Boundary Compact reads as follows: RED RIVER BOUNDARY COMPACT ARTICLE I. PURPOSE (a) The states of Texas and Oklahoma recognize that: (1) ...
- Texas Natural Resources Code Section 12.003 - Negotiations To Resolve Differences
(a) Until the State of Oklahoma enters into the Red River Boundary Compact in substantially the form provided by Section 12.002, the Commissioner of the ...
- Texas Natural Resources Code Section 12.004 - Implementation Of Compact
(a) If the State of Oklahoma enters into the Red River Boundary Compact in substantially the form provided by Section 12.002, the Commissioner of the ...
- Texas Natural Resources Code Section 12.005 - Relation To Other Law And Litigation
The Red River Boundary Compact does not affect: (1) the Red River Compact, the text of which is set out in Section 46.013, Water Code; ...
- Texas Natural Resources Code Section 21.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Navigable stream" means ...
- Texas Natural Resources Code Section 21.011 - Surveys Of Public Land
Each survey of public land shall be made under authority of law and by a surveyor duly appointed, elected, or licensed and qualified. Acts 1977, ...
- Texas Natural Resources Code Section 21.012 - Surveys On Navigable Streams
(a) If the circumstances of the lines previously surveyed under the law will permit, land surveyed for individuals, lying on a navigable stream, shall front ...
- Texas Natural Resources Code Section 21.013 - Surveys Not On A Navigable Stream
Surveys that are not made on navigable streams shall be in a square as far as lines previously surveyed will permit. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 21.014 - Survey For Division Line
(a) Before running a division line between two settlers or occupants claiming land, the surveyor shall give written notice to the interested parties. (b) A ...
- Texas Natural Resources Code Section 21.041 - Field Notes Of A Survey Of Public Land
The field notes of a survey of public land shall state: (1) the county in which the land is located; (2) the authority under which ...
- Texas Natural Resources Code Section 21.042 - Surveyor's Certification
(a) The surveyor shall certify officially: (1) to the correctness of the survey; (2) that the survey was made according to law; (3) that the ...
- Texas Natural Resources Code Section 21.043 - Lost Field Notes
(a) If the original field notes of an authorized survey are lost or destroyed, the owner or his agent may obtain a certified copy of ...
- Texas Natural Resources Code Section 21.044 - Incorrect Field Notes
(a) The commissioner shall have a plain statement of errors in any field notes submitted to the land office, together with a sketch of the ...
- Texas Natural Resources Code Section 21.071 - Adoption Of Coordinate Systems
(a) The systems of plane coordinates which have been established by the National Oceanic Survey/National Geodetic Survey for defining and stating the positions or locations ...
- Texas Natural Resources Code Section 21.072 - Purpose And Limitations Of Coordinate Systems
(a) The only purpose for adopting the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983 is to recognize a system for ...
- Texas Natural Resources Code Section 21.073 - Division Of State Into Zones
For the purpose of using a system, the state is divided into five zones: (1) the North Zone; (2) the North Central Zone; (3) the ...
- Texas Natural Resources Code Section 21.074 - Area Within Zones
(a) The area included in the following counties constitutes the North Zone: Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, ...
- Texas Natural Resources Code Section 21.075 - Zone Names In Land Description
(a) As established for use in the North Zone, the Texas Coordinate System of 1927 or the Texas Coordinate System of 1983 shall be named, ...
- Texas Natural Resources Code Section 21.076 - Definitions
(a) For the purpose of precisely defining the Texas Coordinate System of 1927 and the Texas Coordinate System of 1983, the following definitions are adopted: ...
- Texas Natural Resources Code Section 21.077 - Unit Of Measurement
The unit of measurement in this subchapter has the following values, based on the International Meter established by the National Bureau of Standards: (1) one ...
- Texas Natural Resources Code Section 21.078 - Terms "X Coordinate" And "Y Coordinate"
(a) The plane coordinate values for a point on the earth's surface, to be used in expressing the position or location of the point in ...
- Texas Natural Resources Code Section 21.079 - Land In More Than One Zone
If a tract of land to be defined by a single description extends from one zone into another of the coordinate zones, the positions of ...
- Texas Natural Resources Code Section 23.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 23.011 - Election
(a) A county surveyor is elected to a four-year term as provided by Article XVI, Sections 64 and 65, of the Texas Constitution. (b) To ...
- Texas Natural Resources Code Section 23.012 - Residence
The county surveyor shall reside in the county. Acts 1977, 65th Leg., p. 2367, ch. 871, art. I, § 1, eff. Sept. 1, 1977. ...
- Texas Natural Resources Code Section 23.013 - Bond
The county surveyor shall execute a bond conditioned on the faithful performance of the duties of the office. The amount of the bond shall be ...
- Texas Natural Resources Code Section 23.014 - Deputy Surveyor
(a) A county surveyor may appoint a deputy surveyor as he considers necessary. (b) The county surveyor shall administer the deputy surveyor's official oath and ...
- Texas Natural Resources Code Section 23.015 - Chain Carriers And Markers
(a) A county surveyor may employ persons 16 years of age or older as chain carriers or markers. (b) The county surveyor shall administer an ...
- Texas Natural Resources Code Section 23.016 - Office Location
(a) The county surveyor's office shall be located in the courthouse or in a suitable building at the county seat. (b) Rent for an office ...
- Texas Natural Resources Code Section 23.017 - Abolition Of Office In Certain Counties
In a county in which the office of county surveyor was abolished by Chapter 315, Acts of the 61st Legislature, Regular Session, 1969 (Article 5298a, ...
- Texas Natural Resources Code Section 23.051 - In General
The county surveyor shall perform the duties required of him by law. Acts 1977, 65th Leg., p. 2368, ch. 871, art. I, § 1, eff. ...
- Texas Natural Resources Code Section 23.0515 - Field Notes, Plats, And Other Documents
(a) In a county in which there is a county surveyor, only the county surveyor may: (1) file and record field notes and plats of ...
- Texas Natural Resources Code Section 23.052 - Surveys On Which Patents Are To Be Obtained
The county surveyor shall: (1) receive and examine all field notes of surveys made in the county on which patents are to be obtained; (2) ...
- Texas Natural Resources Code Section 23.053 - Record Of Field Notes
(a) The commissioners court shall furnish the county surveyor all necessary books of record. (b) The county surveyor shall record in a well-bound book all ...
- Texas Natural Resources Code Section 23.054 - Right Of Inspection
At all times, any interested person, agent, or attorney may examine the books, papers, plats, maps, or other archives belonging to the office of the ...
- Texas Natural Resources Code Section 23.055 - Bound Records
If the commissioners court considers it necessary, it may order that the county surveyor's record be transcribed in good and substantial books by the county ...
- Texas Natural Resources Code Section 23.056 - Lost Records
(a) If the maps, field notes, or other records of the county surveyor's office, or any part of them, are lost or destroyed, the county ...
- Texas Natural Resources Code Section 23.057 - Custody Of Records In Absence Of County Surveyor; Powers And Duties Of County Clerk
If a county does not have a county surveyor, the county clerk of the county: (1) is the legal custodian of the county surveyor's records; ...
- Texas Natural Resources Code Section 23.058 - Delivery Of Records To Successor
On removal from office or at the expiration of his term of office, the county surveyor shall deliver to his successor all records, books, papers, ...
- Texas Natural Resources Code Section 23.059 - Failure To Survey
If a county surveyor fails, neglects, or refuses to make a survey or have a survey made, within one month after the amount of lawful ...
- Texas Natural Resources Code Section 23.060 - Fees For Recording And Issuing Documents
(a) The fees for recording documents in the county surveyor's records, for issuing certificates, and for making certified copies are the fees provided by law. ...
- Texas Natural Resources Code Section 31.001 - Definitions
In this chapter: (1) "Appraiser" means a state-certified or state-licensed real estate appraiser who: (A) is employed by or contracts with the land office; and ...
- Texas Natural Resources Code Section 31.011 - Land Office Established
There shall be one General Land Office located in Austin, which shall register all land titles emanating from the state if not prohibited by the ...
- Texas Natural Resources Code Section 31.014 - Commissioner's Liability
The commissioner and a surety on a bond authorized under Chapter 653, Government Code, are responsible to any person who is injured by removal, withdrawal, ...
- Texas Natural Resources Code Section 31.015 - Chief Clerk
(a) The commissioner shall appoint a chief clerk. (b) The chief clerk may perform any of the duties of the commissioner if the commissioner is ...
- Texas Natural Resources Code Section 31.016 - Abstract Clerk
The commissioner shall designate one of his clerks as the abstract clerk and shall assign to him the special duty to correct the abstracts of ...
- Texas Natural Resources Code Section 31.017 - Receiver
With the consent of the governor, the commissioner shall appoint a suitable person to serve as receiver for the land office. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 31.018 - Translator
(a) The commissioner shall appoint a translator who thoroughly understands the Spanish and English languages. (b) The translator shall take the official oath. (c) The ...
- Texas Natural Resources Code Section 31.019 - Surveyors
(a) The commissioner shall appoint a chief surveyor and as many assistant surveyors as authorized by law. (b) The chief surveyor and the chief surveyor's ...
- Texas Natural Resources Code Section 31.021 - Reimbursement For Notary Public Expense
The land office may reimburse an employee for the fees and costs of a bond that are required for appointment as a notary public if ...
- Texas Natural Resources Code Section 31.051 - General Duties
The commissioner shall: (1) superintend, control, and direct the official conduct of subordinate officers of the land office; (2) execute and perform all acts and ...
- Texas Natural Resources Code Section 31.052 - Custody Of Records
(a) Books, accounts, records, papers, maps, and original documents relating to real property titles which are termed archives by law shall be the books and ...
- Texas Natural Resources Code Section 31.053 - Filing Papers
(a) The commissioner shall adopt the most convenient method for filing papers and preserving records of the land office. (b) A list of all papers ...
- Texas Natural Resources Code Section 31.054 - Public Access To And Removal Of Papers
(a) Any person who desires to examine any paper, record, or file must make a written request on a form and according to procedures prescribed ...
- Texas Natural Resources Code Section 31.056 - Revision, Compilation, And Printing Of Abstracts
(a) The commissioner shall prepare a revision and compilation of the various volumes of the abstracts of patented, titled, and surveyed real property which were ...
- Texas Natural Resources Code Section 31.058 - Receiving Funds
(a) The receiver shall receive funds required by law to be paid to the commissioner and on request shall give to each person who deposits ...
- Texas Natural Resources Code Section 31.059 - Receiver's Books
(a) The receiver shall keep books in which the following shall be entered: (1) each deposit separately; and (2) the name of the person. (b) ...
- Texas Natural Resources Code Section 31.060 - Financial Report
On or before the meeting of the legislature, the commissioner shall prepare and furnish to the governor a correct report of the condition of the ...
- Texas Natural Resources Code Section 31.062 - Embezzlement
If a suspended receiver is found guilty of embezzlement, the receiver shall be removed from office and a suit shall be instituted to recover on ...
- Texas Natural Resources Code Section 31.064 - Setting And Collecting Fees
The commissioner shall set and collect, for the use of the state, reasonable fees in amounts for filing fees, preparation of certificates of fact, certified ...
- Texas Natural Resources Code Section 31.065 - Authority To Accept Gifts, Devises, Trusts, And Bequests
(a) In the absence of any law to the contrary, the commissioner may, if he determines it to be in the best interest of the ...
- Texas Natural Resources Code Section 31.0655 - State Employee Contributions To Save Texas History And Adopt-A-Beach Programs
For purposes of Subchapter I, Chapter 659, Government Code: (1) the land office, for the sole purpose of managing the Save Texas History and Adopt-A-Beach ...
- Texas Natural Resources Code Section 31.066 - Authority To Accept Title To A Site Following Completion Of Remedial Action In Accordance With Federal Law
(a) If it is necessary for the United States government to acquire real property in this state to conduct remedial action at a site listed ...
- Texas Natural Resources Code Section 31.067 - Authority To Sell Certain Agency Real Property
The division is authorized to sell any real property acquired on behalf of the state pursuant to Section 402.025, Government Code. Sale of such real ...
- Texas Natural Resources Code Section 31.0671 - Agency Authority To Sell Or Exchange Real Property
Any state agency or political subdivision may directly sell or exchange real property to which it holds title with the School Land Board for the ...
- Texas Natural Resources Code Section 31.0672 - Authority To Conduct Certain Real Property Transactions
(a) The division may directly sell to a political subdivision any real property owned by the state that the legislature has authorized or the governor ...
- Texas Natural Resources Code Section 31.068 - Standing To Enforce Restrictions
(a) The commissioner and the attorney general have standing to enforce a: (1) restrictive covenant affecting real property owned by the permanent school fund or ...
- Texas Natural Resources Code Section 31.153 - Real Property Accounting And Records
(a) All real property owned by the state shall be accounted for by the state agency that possesses the real property. (b) Each state agency ...
- Texas Natural Resources Code Section 31.154 - Real Property Inventory
The division shall review and keep inventory records of all real property owned by the state. The division shall compile the inventory records from the ...
- Texas Natural Resources Code Section 31.155 - Special Status Of Certain Agencies
(a) The division is not responsible for maintaining the inventory records, as provided by Section 31.154, of the real property administered by the Texas Department ...
- Texas Natural Resources Code Section 31.156 - Real Property Review
(a) The division shall review the real property inventory of each state agency not less than every four years, and a review shall be made ...
- Texas Natural Resources Code Section 31.157 - Evaluation Report
(a) The commissioner shall prepare a draft evaluation report, which shall include the results and findings of the evaluation of the real property owned by ...
- Texas Natural Resources Code Section 31.1571 - Governor's Report
(a) At any time, the commissioner may make a report to the governor recommending real estate transactions or other actions involving any real property included ...
- Texas Natural Resources Code Section 31.1572 - Real Estate Transactions By Parks And Wildlife Department Prohibited In Certain Areas
(a) The Parks and Wildlife Department may not offer for sale real property it owns or controls if the real property is located in a ...
- Texas Natural Resources Code Section 31.1573 - Real Estate Transactions Authorized By Governor
(a) The land office shall take charge and control of real property as necessary to conduct and close a real estate transaction authorized by the ...
- Texas Natural Resources Code Section 31.158 - Real Estate Transactions Authorized By Legislature
(a) If the legislature authorizes a real estate transaction involving real property owned by the state, the division shall take possession and control of the ...
- Texas Natural Resources Code Section 31.1581 - Transfer Of Real Property For Use As Affordable Housing
(a) If the legislature authorizes or the governor approves the transfer of title to real property to an entity for use as affordable housing, the ...
- Texas Natural Resources Code Section 31.1585 - Certain Proceeds
Notwithstanding any other law, proceeds from the sale of real property purchased with general revenue funds that was recommended for sale by the division and ...
- Texas Natural Resources Code Section 31.159 - First Option To Purchase
(a) The School Land Board has a first option to purchase real property authorized for sale by the legislature or the governor. The board may ...
- Texas Natural Resources Code Section 31.161 - Development Plan
(a) If the state intends to conduct a sale or lease for nongovernmental purposes of real property belonging to the state, to the permanent school ...
- Texas Natural Resources Code Section 31.1611 - Public Hearing Before Preparation Of Development Plan
(a) If the division is requested to prepare a development plan under Section 31.161, the division shall notify the local government to which the plan ...
- Texas Natural Resources Code Section 31.162 - Submission Of The Plan To Affected Local Government
(a) The plan shall be submitted to any local government having jurisdiction over the real property in question for consideration. (b) The local government shall ...
- Texas Natural Resources Code Section 31.163 - Rezoning
(a) If the plan would require zoning inconsistent with any existing zoning or other land use regulation, the division or its designated representative may at ...
- Texas Natural Resources Code Section 31.164 - Fees And Assessments
(a) The local government may impose no application, filing, or other fees or assessments on the state for consideration of the plan or the application ...
- Texas Natural Resources Code Section 31.165 - Special Board Of Review
(a) If the local government denies the rezoning request, the matter may be appealed to a special board of review consisting of the following members: ...
- Texas Natural Resources Code Section 31.166 - Hearing
(a) The special board of review shall conduct one or more public hearings to consider the proposed development plan. (b) Hearings shall be conducted in ...
- Texas Natural Resources Code Section 31.167 - Binding Effect Of Development Plan
(a) Except as provided by this subsection, a development plan promulgated by the special board of review and any plan accepted by a local government ...
- Texas Natural Resources Code Section 31.307 - Dedication Of Roads
The commissioner may dedicate roads located on the real property used as the site for the superconducting super collider research facility to the county in ...
- Texas Natural Resources Code Section 31.308 - Conveyance Of Surface And Subsurface Estate
(a) In this section, "subsurface estate" means the subsurface acquired by the state to construct or maintain the underground accelerator partially built or proposed to ...
- Texas Natural Resources Code Section 31.309 - Preference Right To Purchase Certain Real Property
(a) A person or the person's heirs who conveyed real property to the state for use by the superconducting super collider research facility has a ...
- Texas Natural Resources Code Section 31.401 - Natural Gas Acquisition Contracts
(a) The land office shall review and must approve any contract entered into by a state agency for the acquisition of an annual average of ...
- Texas Natural Resources Code Section 31.402 - Rules
The commissioner shall adopt any rules necessary to carry out this subchapter, including rules regarding review and approval of natural gas acquisition contracts under Section ...
- Texas Natural Resources Code Section 32.001 - Definitions
In this chapter: (1) "Board" means the School Land Board. (2) "Commissioner" means the Commissioner of the General Land Office. (3) "Land office" means the ...
- Texas Natural Resources Code Section 32.002 - Application Of Chapter
(a) This chapter does not apply to: (1) land dedicated by the constitution or a law of this state to The University of Texas System, ...
- Texas Natural Resources Code Section 32.011 - Creation Of Board
There is created a board to be known as the School Land Board. Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, ...
- Texas Natural Resources Code Section 32.012 - Members Of The Board
(a) The board is composed of: (1) the commissioner; (2) a citizen of the state appointed by the governor with the advice and consent of ...
- Texas Natural Resources Code Section 32.0121 - Appointments Without Discrimination
Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees. Added by ...
- Texas Natural Resources Code Section 32.0122 - Disqualification Of Lobbyists
A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in ...
- Texas Natural Resources Code Section 32.0123 - Conflicts Of Interest Prohibited
An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a ...
- Texas Natural Resources Code Section 32.013 - Terms Of Appointed Members
The members appointed to the board by the governor and the attorney general serve for terms of two years. Acts 1977, 65th Leg., p. 2377, ...
- Texas Natural Resources Code Section 32.014 - Chairman Of The Board
The commissioner serves as chairman of the board. Acts 1977, 65th Leg., p. 2377, ch. 871, art. I, § 1, eff. Sept. 1, 1977. ...
- Texas Natural Resources Code Section 32.015 - Per Diem And Reimbursement
Each citizen member of the board is entitled to receive a per diem allowance for each day spent in performing his duties and as reimbursement ...
- Texas Natural Resources Code Section 32.016 - Board Meetings
(a) When necessary, the board shall meet on the first and third Tuesdays of each month in the land office. (b) Subject to recesses at ...
- Texas Natural Resources Code Section 32.017 - Secretary Of The Board
(a) The board shall select a secretary from persons nominated by the commissioner. (b) The person selected as secretary shall be approved by a majority ...
- Texas Natural Resources Code Section 32.0171 - Removal Of Board Member
(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Natural Resources Code Section 32.018 - Employment Of Geologist And Mineralogist
The commissioner may employ a geologist and a mineralogist who shall be informed about minerals on land under the board's jurisdiction and activities under pending ...
- Texas Natural Resources Code Section 32.019 - Board Employees
(a) The commissioner may employ additional employees necessary for the discharge of the duties of the board. (b) Employees of the board shall be considered ...
- Texas Natural Resources Code Section 32.020 - Minutes Of Board
The board shall keep minutes which shall include a record of its proceedings and a docket on which the secretary shall enter matters to be ...
- Texas Natural Resources Code Section 32.021 - Records And Proceedings As Archives
The records and proceedings of the board shall be records and archives of the land office. Acts 1977, 65th Leg., p. 2378, ch. 871, art. ...
- Texas Natural Resources Code Section 32.022 - Inspection Of Minutes And Docket
(a) On payment of the fees prescribed by law for examination of other land office records, the minutes and docket shall be subject to inspection ...
- Texas Natural Resources Code Section 32.024 - Financial Report Required
The board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding year. ...
- Texas Natural Resources Code Section 32.025 - Audit
The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ...
- Texas Natural Resources Code Section 32.026 - Policies On Public Hearings
The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on ...
- Texas Natural Resources Code Section 32.061 - Board's General Duties
Except as provided by Subchapter G, Chapter 51, of this code, the board shall: (1) set the dates to open received bids for the sale ...
- Texas Natural Resources Code Section 32.062 - Adoption Of Rules And Collection Of Fees
(a) The board shall adopt rules of procedure and rules for the sale, lease, and commitment to a contract for development of land as provided ...
- Texas Natural Resources Code Section 32.063 - Duty To Advise Commissioner
The board shall advise the commissioner regarding any matters submitted to it for that purpose. Acts 1977, 65th Leg., p. 2379, ch. 871, art. I, ...
- Texas Natural Resources Code Section 32.064 - Survey Or Subdivision Of Land
The board may have land surveyed or subdivided into tracts, lots, or blocks based on its determination of which method will be most conducive and ...
- Texas Natural Resources Code Section 32.065 - Permits For Surveys Or Investigations
If land other than public school land is not under a valid lease or committed to a contract for development, the board may issue a ...
- Texas Natural Resources Code Section 32.066 - Easements
(a) The board may grant easements of right-of-way on any land except: (1) unsold public school land; (2) the portion of the Gulf of Mexico ...
- Texas Natural Resources Code Section 32.067 - Marginal Property Royalty Rates
(a) In this section: (1) "Barrel of oil equivalent" means 6,000 cubic feet of natural gas for each 42-gallon barrel of crude oil or a ...
- Texas Natural Resources Code Section 32.101 - Applicable Law
Land shall be offered for sale, lease, or commitment to a contract for development subject to the terms and conditions provided by law. Sales and ...
- Texas Natural Resources Code Section 32.102 - List Of Land
From time to time the commissioner shall furnish the board a list of land areas subject to the provisions of this chapter. Acts 1977, 65th ...
- Texas Natural Resources Code Section 32.103 - Appraised Value Of Land
(a) Except as provided in Subsection (b) of this section, no land may be appraised at less than $2 an acre. (b) Land located west ...
- Texas Natural Resources Code Section 32.104 - Appraisal Fee
(a) The board shall charge applicants for the purchase of excess acreage and unsurveyed public school land an appraisal fee for appraising the acreage and ...
- Texas Natural Resources Code Section 32.105 - Date For Opening Bids
The date for opening bids for the sale, lease, or commitment to a contract for development of land shall be the first or third Tuesday ...
- Texas Natural Resources Code Section 32.106 - Description Of Land
The description of public school land offered for sale, lease, or commitment to a contract for development shall be in accord with the description which ...
- Texas Natural Resources Code Section 32.107 - Notice Of Sale, Lease, And Contract For Development
(a) The board shall publish notice that the board will receive bids for the sale, lease, or commitment to a contract for development of land ...
- Texas Natural Resources Code Section 32.1071 - Lease Sales
(a) The sale of oil, gas, or other mineral leases shall be by sealed bid or at public auction or through a combination of public ...
- Texas Natural Resources Code Section 32.1072 - Minimum Royalty, Bonus, And Rental
The board may not accept a bid on an oil and gas lease that offers: (1) a royalty of less than one-eighth of the gross ...
- Texas Natural Resources Code Section 32.1073 - Fixing Royalty, Bonus, And Rental
In offering land for lease under this subchapter, the board may: (1) set the royalty and rental and provide for bidding on a basis of ...
- Texas Natural Resources Code Section 32.109 - Acceptance And Rejection Of Bids
(a) For each tract offered for sale, lease, or commitment to a contract for development, the board must accept the best bid submitted that meets ...
- Texas Natural Resources Code Section 32.110 - Special Sale Fee
(a) On land sales and mineral leases made by the board, the purchaser or bidder is required to pay by separate check an amount equal ...
- Texas Natural Resources Code Section 32.111 - Issuance Of Award Or Lease
Each award or lease shall be issued by the commissioner according to the minutes approved by the board. Acts 1977, 65th Leg., p. 2380, ch. ...
- Texas Natural Resources Code Section 32.112 - Sale Of Tax Foreclosure Property
(a) All real property or any interest in real property placed in the name of the state as a result of foreclosure of a tax ...
- Texas Natural Resources Code Section 32.151 - Term Of Lease
Each oil and gas lease shall be for a primary term not to exceed 10 years and for as long thereafter as oil or gas ...
- Texas Natural Resources Code Section 32.152 - Assignment And Transfer
A lessee may transfer or assign his lease at any time in the manner provided by Section 52.026 of this code. Added by Acts 1985, ...
- Texas Natural Resources Code Section 32.153 - Lease Relinquishment
A lessee may relinquish his lease to the state at any time in the manner provided by Section 52.027 of this code. Added by Acts ...
- Texas Natural Resources Code Section 32.154 - Leases Subject To Laws, Orders, And Rules
Drilling or mining operations for oil, gas, or other minerals and the production of oil, gas, or other minerals under a lease issued under this ...
- Texas Natural Resources Code Section 32.155 - Rental And Royalty Payments
(a) Each lessee or his assigns shall pay annual rentals and royalties as specified by the board. (b) Subchapter D, Chapter 52 of this code ...
- Texas Natural Resources Code Section 32.156 - Forfeiture
Each lease is subject to forfeiture by the commissioner under the conditions and in the manner provided by Section 52.176 of this code. Added by ...
- Texas Natural Resources Code Section 32.157 - Special Accounts
(a) Special funds are created in the State Treasury to be known as the Parks and Wildlife Department and the Texas Department of Corrections special ...
- Texas Natural Resources Code Section 32.201 - Preferential Right To Lease Certain Land By Adjoining Mineral Owner
(a) In this section, "mineral owner" means any person who owns the right to explore for, develop, and produce oil and gas from a tract ...
- Texas Natural Resources Code Section 32.202 - Pooling
Any oil and gas lease offered under § 32.201 of this code shall provide: (1) authority for pooling all of the leased area into units ...
- Texas Natural Resources Code Section 32.203 - Compensatory Royalty
Compensatory royalty shall be paid to the state on any lease offered and granted under Section 32.201 of this code if the lease is not ...
- Texas Natural Resources Code Section 32.204 - Lease Provisions
Any lease offered under Section 32.201 of this code shall contain a sufficient description of the land to be leased to enable the tract to ...
- Texas Natural Resources Code Section 32.205 - Rules
The board may adopt rules to carry out the provisions of this chapter. Added by Acts 1985, 69th Leg., ch. 327, § 3, eff. June ...
- Texas Natural Resources Code Section 32.206 - Ratifications And Other Agreements
(a) The board may approve by rule or order a ratification or other agreement that includes in the benefits of production a mineral or royalty ...
- Texas Natural Resources Code Section 32.251 - Authority Of Board, In Conjunction With Land Office, To Trade Land
The Board, in conjunction with the land office, may trade fee and lesser interests in land dedicated to the permanent school fund for fee and ...
- Texas Natural Resources Code Section 32.252 - Authority Of State Agency Or Political Subdivision To Sell Or Exchange Real Property
(a) A State Agency Or Political subdivision may directly sell or exchange real property belonging to the state agency or political subdivision with the board ...
- Texas Natural Resources Code Section 32.253 - Purpose Of Trade
Land dedicated to the permanent school fund may be traded to: (1) aggregate sufficient acreage of contiguous land to create a manageable unit; (2) acquire ...
- Texas Natural Resources Code Section 32.255 - Deed Required
(a) A trade of land dedicated to the permanent school fund may be made only by a deed signed jointly by the commissioner and the ...
- Texas Natural Resources Code Section 32.256 - Dedication Of Acquired Land To Fund
Land acquired by the board by trade under this subchapter is dedicated to the permanent school fund. Added by Acts 2003, 78th Leg., ch. 1276, ...
- Texas Natural Resources Code Section 32.257 - Subsurface Mineral Rights
(a) If this state retains the subsurface mineral rights to the oil, gas, and other minerals in permanent school fund land traded under this subchapter, ...
- Texas Natural Resources Code Section 32.258 - Report To Legislature
(a) The board shall report to the legislature a trade of land dedicated to the permanent school fund. The board shall report the trade at: ...
- Texas Natural Resources Code Section 33.001 - Policy
(a) The surface estate in the coastal public land of this state constitutes an important and valuable asset dedicated to the permanent school fund and ...
- Texas Natural Resources Code Section 33.002 - Purpose
The purpose of this chapter is to implement the policies stated in Section 33.001 of this code by delegating to the board, assisted by the ...
- Texas Natural Resources Code Section 33.003 - Short Title
This chapter may be cited as the Coastal Public Lands Management Act of 1973. Acts 1977, 65th Leg., p. 2383, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 33.004 - Definitions
In this chapter: (1) "Land office" means the General Land Office. (2) "Commissioner" means the Commissioner of the General Land Office. (3) "Board" means the ...
- Texas Natural Resources Code Section 33.005 - Effect Of Chapter
(a) This subchapter does not repeal Subchapter B, Chapter 436, Health and Safety Code, or the following provisions of the Parks and Wildlife Code: Chapters ...
- Texas Natural Resources Code Section 33.011 - Board To Administer, Implement, And Enforce Chapter
The board is the executive agency of the state charged with the administration, implementation, and enforcement of this chapter. Acts 1977, 65th Leg., p. 2384, ...
- Texas Natural Resources Code Section 33.012 - Land Office To Assist Board
The planning division and other staff of the land office shall assist the board in the discharge of its responsibilities and duties under this chapter. ...
- Texas Natural Resources Code Section 33.013 - Additional Personnel
The commissioner may employ any additional personnel in the land office that may be necessary for the board to perform effectively its functions under this ...
- Texas Natural Resources Code Section 33.014 - Disposition Of Money For Grants Of Certain Interests
Money received by the board for grants of surface interests under this chapter whose initial term equals or exceeds 20 years shall be deposited in ...
- Texas Natural Resources Code Section 33.015 - Special Account
(a) A dedicated account is created, and money received by the board for the grant of permits under this chapter shall be deposited in the ...
- Texas Natural Resources Code Section 33.016 - Disposition Of Other Funds
Money received by the board for the grant of any interest not under Section 33.015 of this code shall be deposited in the State Treasury ...
- Texas Natural Resources Code Section 33.051 - General Duty
The board, the council, the land office, and the network shall perform the duties provided in this subchapter. Acts 1977, 65th Leg., p. 2385, ch. ...
- Texas Natural Resources Code Section 33.052 - Development Of Coastal Management Program
(a) The commissioner shall develop a continuing comprehensive coastal management program pursuant to the policies stated in Section 33.202 of this code. The program is ...
- Texas Natural Resources Code Section 33.053 - Elements Of Coastal Management Program
(a) The coastal management program, in compliance with the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall include the following ...
- Texas Natural Resources Code Section 33.054 - Review And Amendment Of Management Program
The commissioner may review the management program periodically and may amend the management program as new information or changed conditions may warrant. Acts 1977, 65th ...
- Texas Natural Resources Code Section 33.055 - Public Hearings To Consider Coastal Management Program
In developing, reviewing, or amending the coastal management program, after due notice to affected persons and the public generally, the commissioner and the council shall ...
- Texas Natural Resources Code Section 33.056 - Structures On Land Adjacent To Coastal Public Land
(a) On receipt of appropriate applications, the board shall register existing structures extending on coastal public land from adjacent land not owned by the state. ...
- Texas Natural Resources Code Section 33.057 - Gifts Of Interests In Land
(a) The board may accept gifts of interests in land, and these interests shall become part of the permanent school fund unless otherwise designated by ...
- Texas Natural Resources Code Section 33.058 - Purchase Of Fee And Lesser Interests In Land
(a) The board may select and purchase fee and lesser interests in land of the coastal area for the creation, maintenance, or protection of wildlife ...
- Texas Natural Resources Code Section 33.059 - Studies
The board may study various coastal engineering problems, including the protection of the shoreline against erosion, the design and use of piers, groins, seawalls, and ...
- Texas Natural Resources Code Section 33.060 - Locating And Marking Boundaries
The board may locate and have marked on the ground the boundaries separating coastal public land from other land. Acts 1977, 65th Leg., p. 2386, ...
- Texas Natural Resources Code Section 33.061 - Complaints
(a) The board shall receive and evaluate any complaint or report from any person concerning instances of unauthorized construction, maintenance, use, or assertion of control ...
- Texas Natural Resources Code Section 33.062 - Designated Official Representative
The board is designated and shall serve as the official representative of the governor of the state to conduct with the federal government any business ...
- Texas Natural Resources Code Section 33.063 - Fees
The board may prescribe reasonable filing fees and fees for granting leases, easements, and permits. Acts 1977, 65th Leg., p. 2387, ch. 871, art. I, ...
- Texas Natural Resources Code Section 33.064 - Rules
The board may adopt procedural and substantive rules which it considers necessary to administer, implement, and enforce this chapter. Acts 1977, 65th Leg., p. 2387, ...
- Texas Natural Resources Code Section 33.065 - Texas Coastal Ocean Observation Network
(a) The Texas Coastal Ocean Observation Network is a cooperative project of Texas A&M University--Corpus Christi, Lamar University, the Texas Water Development Board, and the ...
- Texas Natural Resources Code Section 33.101 - Application To Acquire Rights In Coastal Public Land
Any person who desires to acquire rights in the surface estate in any coastal public land shall make application to the board in writing in ...
- Texas Natural Resources Code Section 33.102 - Contents Of Application
The application to acquire rights in coastal public land shall include: (1) an adequate legal description of the land in which the rights are sought; ...
- Texas Natural Resources Code Section 33.103 - Interests Which May Be Granted By The Board
(a) The board may grant the following interests in coastal public land for the indicated purposes: (1) leases for public purposes; (2) easements for purposes ...
- Texas Natural Resources Code Section 33.104 - Processing Application
(a) On receiving an application, the board may circulate it for review and comment to the member agencies of the Interagency Natural Resources Council or ...
- Texas Natural Resources Code Section 33.105 - Persons To Whom Land May Be Leased
The board may lease coastal public land to: (1) the Parks and Wildlife Department or to any eligible city or county for public recreational purposes; ...
- Texas Natural Resources Code Section 33.106 - Policies, Provisions, And Conditions Of Leases
In addition to policies generally applicable under this chapter, leases granted under this subchapter shall be subject to the policies, provisions, and conditions stated in ...
- Texas Natural Resources Code Section 33.107 - Protection Of Rights
The littoral rights of the adjacent upland owner shall be protected in a lease. Acts 1977, 65th Leg., p. 2388, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 33.108 - Rights Of The Public
Members of the public may not be excluded from coastal public land leased for public recreational purposes or from an estuarine preserve. Acts 1977, 65th ...
- Texas Natural Resources Code Section 33.109 - Counties And Cities Eligible To Lease Coastal Public Land
(a) A county is eligible to apply for a lease of coastal public land inside the county and outside the boundaries of any incorporated city, ...
- Texas Natural Resources Code Section 33.110 - Contracts And Franchises
(a) With the approval of the board, a lessee granted a lease for public recreational purposes may enter into contracts and franchise agreements to promote ...
- Texas Natural Resources Code Section 33.111 - Granting Easements
(a) The board may grant easement rights to the owner of adjacent littoral property authorizing the placement or location of a structure on coastal public ...
- Texas Natural Resources Code Section 33.112 - Failure To Obtain An Easement
(a) Any owner of littoral property or any person acting under the owner of littoral property who for purposes connected with the ownership of the ...
- Texas Natural Resources Code Section 33.113 - Interpretation Of Easement Grant
The grant of an easement under Section 33.111 of this code and the waiver under Section 33.115 of this code shall not be construed as ...
- Texas Natural Resources Code Section 33.114 - Policies, Provisions, And Conditions Of Easements
In addition to the policies, provisions, and conditions generally applicable in this chapter, each grant of an easement is subject to the policies, provisions, and ...
- Texas Natural Resources Code Section 33.115 - Piers
(a) Without obtaining an easement from the board, the owner of littoral property may construct a pier on adjacent coastal public land if the pier: ...
- Texas Natural Resources Code Section 33.116 - Failure To Register Pier
Any owner of littoral property who fails to register the location and dimensions of the pier which is authorized to be constructed under Section 33.115 ...
- Texas Natural Resources Code Section 33.117 - Public Policy Of State To Be Considered
In administering Sections 33.111 through 33.115 of this code, the board shall consider the public policy of the state that the orderly use of privately ...
- Texas Natural Resources Code Section 33.118 - Single Permit
If the activity for which the easement is sought requires the littoral owner to seek one or more permits from any other agency or department ...
- Texas Natural Resources Code Section 33.119 - Issuance Of Permits
The board may issue permits authorizing limited continued use of previously unauthorized structures on coastal public land if the use is sought by one who ...
- Texas Natural Resources Code Section 33.120 - Failure To Obtain A Permit
A person who maintains, uses, or repairs any structure for which a permit is required under Section 33.119 of this code without first obtaining a ...
- Texas Natural Resources Code Section 33.121 - Unauthorized Structures
Any person who constructs, fixes, or places on coastal public land any unauthorized structure for purposes not connected with ownership of littoral property is subject ...
- Texas Natural Resources Code Section 33.122 - Exception To Permit Requirement
No permit may be required for structures, excavations, or other similar structures as long as they are located wholly on the private littoral upland, even ...
- Texas Natural Resources Code Section 33.123 - Policies, Provisions, And Conditions Of Permits
In addition to the policies, provisions, and conditions generally applicable in this chapter, each grant of a permit is subject to the policies, provisions, and ...
- Texas Natural Resources Code Section 33.124 - Permits Prohibited For Certain Structures
The board may not grant a permit which authorizes the continued use of a structure located within 1,000 feet of privately owned littoral residential property, ...
- Texas Natural Resources Code Section 33.125 - Automatic Revocation And Termination Of A Permit
A permit that authorizes the continued use of a previously unauthorized structure on coastal public land is considered automatically revoked and terminated if the coastal ...
- Texas Natural Resources Code Section 33.126 - Termination Of Permit By Board
Each permit shall provide that if the terms of the permit are broken, the permit may be terminated at the option of the board. Acts ...
- Texas Natural Resources Code Section 33.127 - Terms And Renewal Of Permits
Permits may be issued for a period of not more than five years and may be renewed at the discretion of the board. Acts 1977, ...
- Texas Natural Resources Code Section 33.128 - Use Of Previously Unauthorized Structures
Previously unauthorized structures for which permits are obtained may be used only for noncommercial, recreational purposes. Acts 1977, 65th Leg., p. 2391, ch. 871, art. ...
- Texas Natural Resources Code Section 33.129 - Prohibitions On The Grant Of Permits
The board may not grant an application for a permit which would violate the public policy of this state as expressed in this chapter and ...
- Texas Natural Resources Code Section 33.130 - Repairs And Rebuilding
If a structure for which a permit is issued is severely damaged or destroyed by any means, no major repairs or rebuilding may be undertaken ...
- Texas Natural Resources Code Section 33.131 - Structures As Property Of The State
A structure presently existing or to be constructed in the future for which a permit is required under Section 33.119 of this code is the ...
- Texas Natural Resources Code Section 33.132 - Registration By Board
(a) The registration by the board on or before December 31, 1973, of a structure located in whole or in part on coastal public land ...
- Texas Natural Resources Code Section 33.133 - Remedies Cumulative
Remedies provided in this subchapter are cumulative of all other remedies which may be applicable, including those remedies arising from the power of a court ...
- Texas Natural Resources Code Section 33.134 - Use And Development Of Land By Littoral Owner
None of the provisions of this chapter shall prevent the littoral owner of property from developing or otherwise using his property in a lawful manner, ...
- Texas Natural Resources Code Section 33.135 - Notice To Purchaser Or Grantee Of Coastal Area Property
(a) A person who sells, transfers, or conveys an interest other than a mineral, leasehold, or security interest in real property adjoining and abutting the ...
- Texas Natural Resources Code Section 33.136 - Property Rights: Preservation Of Littoral Rights
(a) Notwithstanding any law to the contrary, a person may not undertake an action on or immediately landward of a public beach or submerged land, ...
- Texas Natural Resources Code Section 33.171 - Enforcement Of Rights Of Littoral Owners
(a) A littoral owner whose rights may be affected by any action of the board under this chapter may bring suit for a declaratory judgment ...
- Texas Natural Resources Code Section 33.172 - Venue
Unless expressly waived in writing by the attorney general, venue lies in Travis County in any proceeding: (1) arising out of an alleged violation of ...
- Texas Natural Resources Code Section 33.173 - Right To Appeal
Any interested party who is aggrieved by an action of the board under this chapter may appeal the action by filing a petition in a ...
- Texas Natural Resources Code Section 33.174 - Time For Filing Petition
The petition for the appeal must be filed within 30 days after the date of the final action of the board or 30 days after ...
- Texas Natural Resources Code Section 33.175 - Service Of Citation
Service of citation on the board may be accomplished by serving the commissioner. Acts 1977, 65th Leg., p. 2392, ch. 871, art. I, § 1, ...
- Texas Natural Resources Code Section 33.176 - Issue On Appeal
In an appeal of a board action, the issue is whether the action is invalid, arbitrary, or unreasonable. Acts 1977, 65th Leg., p. 2392, ch. ...
- Texas Natural Resources Code Section 33.201 - Short Title
This subchapter may be cited as the Coastal Coordination Act. Added by Acts 1979, 66th Leg., p. 1991, ch. 785, § 1, eff. June 13, ...
- Texas Natural Resources Code Section 33.202 - Policy
(a) It is declared to be the policy of this state to make more effective and efficient use of public funds and provide for more ...
- Texas Natural Resources Code Section 33.203 - Definitions
In this subchapter: (1) "Coastal natural resource areas" means: (A) coastal barriers; (B) coastal historic areas; (C) coastal preserves; (D) coastal shore areas; (E) coastal ...
- Texas Natural Resources Code Section 33.204 - Administration Of Coastal Management Program
(a) The council by rule shall adopt goals and policies of the coastal management program. A goal or policy may not require an agency or ...
- Texas Natural Resources Code Section 33.2041 - Composition Of Council; Terms
(a) The council shall consist of: (1) the following ex officio members: (A) the commissioner; (B) the presiding officer of the Parks and Wildlife Commission ...
- Texas Natural Resources Code Section 33.2042 - Eligibility Of Council Members
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
- Texas Natural Resources Code Section 33.2043 - Grounds For Removal
(a) It is a ground for removal from the council that a member: (1) does not have at the time of taking office the qualifications ...
- Texas Natural Resources Code Section 33.2044 - Standards Of Conduct
The council chair or the council chair's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office ...
- Texas Natural Resources Code Section 33.2045 - Training
(a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as ...
- Texas Natural Resources Code Section 33.205 - Consistency With Coastal Management Program; Council Review
(a) An agency or subdivision that takes an agency or subdivision action described by Section 33.2051 or 33.2053 that may adversely affect a coastal natural ...
- Texas Natural Resources Code Section 33.2051 - Agency Rulemaking Actions
(a) The land office shall comply with Sections 33.205(a) and (b) when adopting or amending a rule governing the prevention of, response to, or remediation ...
- Texas Natural Resources Code Section 33.2052 - Certification Of Agency Rules; Agency Actions Considered Consistent
(a) The council by rule shall establish a process by which an agency may submit rules and rule amendments described by Section 33.2051 to the ...
- Texas Natural Resources Code Section 33.2053 - Individual Agency Or Subdivision Actions
(a) The land office, the School Land Board, or a board for lease of state-owned lands shall comply with Sections 33.205(a) and (b) when issuing ...
- Texas Natural Resources Code Section 33.206 - Council Action
(a) A proposed action is consistent with the goals and policies of the coastal management program and approved by the council unless, on the affirmative ...
- Texas Natural Resources Code Section 33.207 - Council Recommendations
In addition to the report required by Section 33.206, the council: (1) may periodically submit recommendations to an agency or subdivision designed to encourage the ...
- Texas Natural Resources Code Section 33.208 - Enforcement
(a) The agency or subdivision with jurisdiction over a proposed action shall enforce the provisions of the coastal management program. (b) If the attorney general ...
- Texas Natural Resources Code Section 33.209 - Prohibition On Special Area Management Plans
The council may not develop or approve a special area management plan, including a plan for an area designated under the national estuary program. Added ...
- Texas Natural Resources Code Section 33.210 - Private Property
The requirements of this subchapter may not be applied in a manner that would result in the taking, damage, or destruction of property without adequate ...
- Texas Natural Resources Code Section 33.211 - Sunset Provision
The Coastal Coordination Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council ...
- Texas Natural Resources Code Section 33.212 - Complaints
(a) The council shall maintain a file on each written complaint filed with the council. The file must include: (1) the name of the person ...
- Texas Natural Resources Code Section 33.231 - Short Title
This subchapter may be cited as the Coastal Wetland Acquisition Act. Added by Acts 1979, 66th Leg., p. 1993, ch. 785, § 2, eff. June ...
- Texas Natural Resources Code Section 33.232 - Policy
It is the declared policy of the state: (1) to protect the property rights of those who sell interests in land to the state by ...
- Texas Natural Resources Code Section 33.233 - Definitions
In this subchapter: (1) "Acquiring agency" means the Parks and Wildlife Department. (2) "Land office " means the General Land Office. (3) "Coastal wetland" means ...
- Texas Natural Resources Code Section 33.234 - Duties And Authority Of Acquiring Agency
(a) The acquiring agency shall do the following: (1) accept gifts, grants, or devises of interests in land; (2) acquire, by purchase or condemnation, fee ...
- Texas Natural Resources Code Section 33.235 - Agricultural Exemption
Coastal wetland used only for farming or ranching activities, including maintenance and repair of buildings, earthworks, and other structures, shall not be subject to any ...
- Texas Natural Resources Code Section 33.236 - Duties And Authority To Certify
(a) The land office and the acquiring agency, in coordination, shall do the following: (1) certify coastal wetlands which are most essential to the public ...
- Texas Natural Resources Code Section 33.237 - Most Essential Coastal Wetland Certification
(a) In selecting and certifying coastal wetland most essential to the public interest, and in assigning priorities of acquisition to coastal wetland, the land office ...
- Texas Natural Resources Code Section 33.238 - Funding
The acquiring agency may compensate the seller of land acquired pursuant to this subchapter with funds obtained through: (1) gift, grant, or devise; (2) legislative ...
- Texas Natural Resources Code Section 33.601 - Definitions
In this subchapter: (1) "Account" means the coastal erosion response account established under Section 33.604. (2) "Beach nourishment" means the placement of beach-quality sediment on ...
- Texas Natural Resources Code Section 33.602 - Coastal Erosion Duties And Authority
(a) The land office shall implement a program of coastal erosion avoidance, remediation, and planning. The commissioner shall ensure that erosion avoidance, remediation, and planning ...
- Texas Natural Resources Code Section 33.603 - Coastal Erosion Studies And Projects
(a) The land office shall undertake coastal erosion studies, demonstration projects, and response projects if the land office receives legislative appropriations or other funding for ...
- Texas Natural Resources Code Section 33.604 - Coastal Erosion Response Account
(a) The coastal erosion response account is an account in the general revenue fund that may be appropriated only to the commissioner and used only ...
- Texas Natural Resources Code Section 33.605 - Uses Of Account
(a) Money in the account may be used for any action authorized by this subchapter, except for a restoration project authorized by Section 33.613. (b) ...
- Texas Natural Resources Code Section 33.606 - Grants And Gifts
The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the ...
- Texas Natural Resources Code Section 33.607 - Coastal Erosion Public Awareness And Education
(a) The land office shall be responsible for and shall coordinate with other agencies to increase public awareness through public education concerning: (1) the causes ...
- Texas Natural Resources Code Section 33.608 - Report To Legislature
Each biennium, the commissioner shall submit to the legislature a report listing: (1) each critical erosion area; (2) each proposed erosion response study or project; ...
- Texas Natural Resources Code Section 33.609 - Landowner Consent
(a) The commissioner may not undertake a coastal erosion response project on: (1) permanent school fund land without first obtaining the written consent of the ...
- Texas Natural Resources Code Section 33.610 - Removal Of Submerged Land From Appraisal And Tax Rolls
(a) If the commissioner determines that land has become submerged by erosion or subsidence and as a result is dedicated to the permanent school fund, ...
- Texas Natural Resources Code Section 33.611 - Immunity
(a) This state, the commissioner, and land office staff are immune from suit for damages and from liability for an act or omission related to: ...
- Texas Natural Resources Code Section 33.612 - Judicial Review
(a) Judicial review of rights affected by an action of this state, the commissioner, or land office staff under this subchapter is under the substantial ...
- Texas Natural Resources Code Section 33.613 - Property Rights; Restoration By Beachfront Owner Of Private Property Affected By Coastal Erosion
(a) This section applies to land that: (1) on December 31, 1955, was privately owned and not submerged or owned by the School Land Board; ...
- Texas Natural Resources Code Section 33.651 - Definitions
In this subchapter: (1) "Bond" means any type of interest-bearing obligation, including a bond, note, bond anticipation note, certificate of participation, lease, contract, or other ...
- Texas Natural Resources Code Section 33.652 - Applicability Of Subchapter To Certain Municipalities
The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal ...
- Texas Natural Resources Code Section 33.653 - Creation Of Coastal Protection And Improvement Fund
(a) The coastal protection and improvement fund is created as a trust fund outside the state treasury to be held by the Texas Treasury Safekeeping ...
- Texas Natural Resources Code Section 33.654 - Use Of Coastal Protection And Improvement Fund
(a) The coastal protection and improvement fund shall be used only to make a qualified payment to a coastal county sponsoring a qualified project under ...
- Texas Natural Resources Code Section 33.655 - County Coastal Protection And Improvement Fund
(a) Each coastal county shall create a county coastal protection and improvement fund. (b) Each coastal county shall deposit any qualified payment that it receives ...
- Texas Natural Resources Code Section 33.656 - Projects That Qualify For Funding
To qualify for funding under this subchapter, a project must: (1) be sponsored by a coastal county; (2) be located within the sponsoring coastal county ...
- Texas Natural Resources Code Section 33.657 - Qualified Agreement
(a) The land office and a coastal county may enter into one or more agreements relating to a qualified project and the payment of the ...
- Texas Natural Resources Code Section 33.658 - Qualified Payment
(a) The commissioner shall make qualified payments to a coastal county based on the land office's estimate of the expected project costs of any qualified ...
- Texas Natural Resources Code Section 33.659 - General Powers Of Coastal Counties
(a) In addition to all other powers that a coastal county has under general law, a coastal county has the rights, powers, privileges, authority, and ...
- Texas Natural Resources Code Section 33.660 - Authority To Contract
(a) A coastal county may contract with a state agency, municipality, county, or other political subdivision of the state or any agency or instrumentality of ...
- Texas Natural Resources Code Section 33.661 - Funds Available For Qualified Projects
(a) A coastal county may pay the project costs of a qualified project from general or available funds, payments received from the land office, including ...
- Texas Natural Resources Code Section 33.662 - Bonds Eligible For Purchase
Bonds issued by a coastal county under this subchapter may be purchased by the Texas Water Development Board for purposes authorized by Chapter 17, Water ...
- Texas Natural Resources Code Section 33.663 - Construction Of Subchapter
This subchapter shall be liberally construed to accomplish the purposes of mitigation of coastal erosion and improvement of public access to public beaches. Added by ...
- Texas Natural Resources Code Section 34.001 - Definitions
In this chapter: (1) "Board" means a board for lease. (2) "Commissioner" means the Commissioner of the General Land Office. (3) "Land office" means the ...
- Texas Natural Resources Code Section 34.002 - Application Of Chapter
(a) The provisions of this chapter apply to: (1) land owned by the Texas Parks and Wildlife Department; (2) land owned by the Texas Department ...
- Texas Natural Resources Code Section 34.011 - Boards For Lease
Boards for lease are created to lease land owned by the Texas Parks and Wildlife Department and the Texas Department of Corrections. Acts 1977, 65th ...
- Texas Natural Resources Code Section 34.012 - Title Of Board
The title of each board shall be selected by each board for lease at its first meeting. Acts 1977, 65th Leg., p. 2394, ch. 871, ...
- Texas Natural Resources Code Section 34.013 - Members Of Board
(a) The membership of each board shall include: (1) the commissioner; (2) one citizen of the state appointed by the governor with the advice and ...
- Texas Natural Resources Code Section 34.0131 - Appointments Without Discrimination
Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees. Added by ...
- Texas Natural Resources Code Section 34.0132 - Disqualification Of Lobbyists
A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in ...
- Texas Natural Resources Code Section 34.0133 - Conflicts Of Interest Prohibited
An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a ...
- Texas Natural Resources Code Section 34.0134 - Removal Of Board Member
(a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Natural Resources Code Section 34.0135 - Policies On Public Hearings
The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on ...
- Texas Natural Resources Code Section 34.014 - Officers Of Board
(a) The commissioner is the chairman of the board. (b) Each board shall select a secretary who shall be nominated by the commissioner and approved ...
- Texas Natural Resources Code Section 34.015 - Quorum
A majority of a board constitutes a quorum for the transaction of business. Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, ...
- Texas Natural Resources Code Section 34.016 - Records Of Board
A board shall keep a complete record of all of its proceedings. Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, § 1, eff. ...
- Texas Natural Resources Code Section 34.017 - Special Mineral Funds
Special funds are created in the State Treasury to be known as the "(appropriate department, board, or agency) special mineral fund." Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 34.018 - Deposit Of Receipts
Amounts received under the provisions of this chapter shall be deposited in the State Treasury to the credit of the appropriate special account, with the ...
- Texas Natural Resources Code Section 34.019 - Expenditures
(a) The expenses of executing the provisions of this chapter shall be paid by warrants drawn by the comptroller on the State Treasury against the ...
- Texas Natural Resources Code Section 34.0191 - Financial Report Required
The board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding year. ...
- Texas Natural Resources Code Section 34.0192 - Audit
The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ...
- Texas Natural Resources Code Section 34.020 - Filing In General Land Office
All surveys, files, records, abstracts of title, copies of sale and lease contracts, and all other records pertaining to sales and leases authorized under the ...
- Texas Natural Resources Code Section 34.051 - Land Subject To Lease
Land owned by or held in trust for the use and benefit of either agency may be leased by the appropriate board to any person ...
- Texas Natural Resources Code Section 34.052 - Subdivision Of Land
A board may have the land subject to its control surveyed or subdivided into tracts, lots, or blocks which will, in its judgment, be most ...
- Texas Natural Resources Code Section 34.053 - Maps And Plats
A board may make maps and plats it considers necessary to carry out the purposes of this chapter. Acts 1977, 65th Leg., p. 2396, ch. ...
- Texas Natural Resources Code Section 34.054 - Abstracts Of Title
A board may obtain authentic abstracts of title to the land subject to its control that it considers necessary and may take the necessary steps ...
- Texas Natural Resources Code Section 34.055 - Geological Surveys And Investigations
A board may issue a permit for geological, geophysical, and other surveys and investigations on land subject to lease by the board that is not ...
- Texas Natural Resources Code Section 34.056 - Placing Lease On Market
If a board determines there is a demand for the purchase of oil, gas, or mineral leases on a lot or tract of land subject ...
- Texas Natural Resources Code Section 34.057 - Lease Provisions
(a) Leases shall be advertised and sold in the same manner and shall contain the same terms and conditions as leases issued by the School ...
- Texas Natural Resources Code Section 34.064 - Easements
(a) A board may grant easements of rights-of-way on the land covered by the provisions of this chapter. (b) The easements may be granted on ...
- Texas Natural Resources Code Section 34.065 - Rules
A board may adopt rules and collect fees necessary for the implementation of this chapter. Added by Acts 1985, 69th Leg., ch. 624, § 31, ...
- Texas Natural Resources Code Section 40.001 - Short Title
This chapter may be cited as the Oil Spill Prevention and Response Act of 1991. Added by Acts 1991, 72nd Leg., ch. 10, § 1, ...
- Texas Natural Resources Code Section 40.002 - Policy
(a) The legislature finds and declares that the preservation of the Texas coast is a matter of the highest urgency and priority. It is the ...
- Texas Natural Resources Code Section 40.003 - Definitions
In this chapter: (1) "Barrel" means 42 United States gallons at 60 degrees Fahrenheit. (2) "Coastal waters" means the waters and bed of the Gulf ...
- Texas Natural Resources Code Section 40.004 - Administration Of Oil Spill Response And Cleanup
(a) The General Land Office, under the direction and control of the commissioner, is the state's lead agency for response to actual or threatened unauthorized ...
- Texas Natural Resources Code Section 40.005 - Administration Of Hazardous Substance Spill Response And Cleanup
The General Land Office, under the direction and control of the commissioner, is the state's lead agency for initiating response to all actual or threatened ...
- Texas Natural Resources Code Section 40.007 - General Powers And Duties
(a) The commissioner may promulgate rules necessary and convenient to the administration of this chapter. (b) The commissioner shall by rule establish procedures under Chapter ...
- Texas Natural Resources Code Section 40.008 - Railroad Commission Authority
The Railroad Commission of Texas shall continue to exercise its authority pursuant to Section 91.101 of this code and Section 26.131, Water Code, to issue ...
- Texas Natural Resources Code Section 40.051 - Notification
On notification of an actual or threatened unauthorized discharge of oil, the commissioner shall act to assess the discharge and prevent, abate, or contain any ...
- Texas Natural Resources Code Section 40.052 - Hazardous Substances Discharges
If the unauthorized discharge involves predominantly a hazardous substance, the Texas Commission on Environmental Quality shall carry out responsibility for abatement, containment, removal, and cleanup ...
- Texas Natural Resources Code Section 40.101 - Notification And Response
(a) Any person responsible for an unauthorized discharge of oil or the person in charge of any vessel or a terminal facility from or at ...
- Texas Natural Resources Code Section 40.102 - Response Coordination
(a) In responding to actual or threatened unauthorized discharges of oil, the commissioner may appoint a state-designated on-scene coordinator to act in the commissioner's place. ...
- Texas Natural Resources Code Section 40.103 - Assistance And Compensation
(a) Subject to the commissioner's authority under this chapter, any person or discharge cleanup organization may assist in abating, containing, or removing pollution from any ...
- Texas Natural Resources Code Section 40.104 - Qualified Immunity For Response Actions
(a) No action taken by any person or discharge cleanup organization to abate, contain, or remove pollution from an unauthorized discharge of oil, whether such ...
- Texas Natural Resources Code Section 40.105 - Equipment And Personnel
The commissioner may establish and maintain equipment and trained personnel at places the commissioner determines may be necessary to facilitate response operations. Added by Acts ...
- Texas Natural Resources Code Section 40.106 - Refusal To Cooperate
(a) If a responsible person, or a person or discharge cleanup organization under the control of a responsible person, participating in operations to abate, contain, ...
- Texas Natural Resources Code Section 40.107 - Natural Resources Damages
(a)(1) In any action to recover natural resources damages, the amount of damages established by the commissioner in conjunction with the trustees shall create a ...
- Texas Natural Resources Code Section 40.108 - Derelict Vessels And Structures
(a) A person may not, without the consent of the commissioner, leave, abandon, or maintain any structure or vessel in or on coastal waters, on ...
- Texas Natural Resources Code Section 40.109 - Registration Of Terminal Facilities
(a) A person may not operate or cause to be operated a terminal facility without a discharge prevention and response certificate issued pursuant to rules ...
- Texas Natural Resources Code Section 40.110 - General Terms
(a) Discharge prevention and response certificates are valid for a period of five years. The commissioner by rule shall require each registrant to report annually ...
- Texas Natural Resources Code Section 40.111 - Information
Each applicant for a discharge prevention and response certificate shall submit information, in a form satisfactory to the commissioner, describing the following: (1) the barrel ...
- Texas Natural Resources Code Section 40.112 - Issuance
On compliance with Sections 40.109 through 40.111 of this code and on payment of the certificate application fee, the commissioner shall issue the applicant a ...
- Texas Natural Resources Code Section 40.113 - Suspension
If the commissioner determines that a registrant does not have a discharge prevention and response plan or that the registrant's preventive measures or containment and ...
- Texas Natural Resources Code Section 40.114 - Contingency Plans For Vessels
(a) Any vessel with a capacity to carry 10,000 gallons or more of oil as fuel or cargo that operates in coastal waters or waters ...
- Texas Natural Resources Code Section 40.116 - Audits, Inspections, And Drills
The commissioner may subject a vessel subject to Section 40.114 of this code or a terminal facility to an announced or unannounced audit, inspection, or ...
- Texas Natural Resources Code Section 40.117 - Regulations
(a) The commissioner shall from time to time adopt, amend, repeal, and enforce reasonable regulations, including but not limited to those relating to the following ...
- Texas Natural Resources Code Section 40.151 - Coastal Protection Fund
(a) The purpose of this subchapter is to provide immediately available funds for response to all unauthorized discharges, for cleanup of pollution from unauthorized discharges ...
- Texas Natural Resources Code Section 40.152 - Use Of Fund
(a) Money in the fund may be disbursed for the following purposes and no others: (1) administrative expenses, personnel and training expenses, and equipment maintenance ...
- Texas Natural Resources Code Section 40.153 - Reimbursement Of Fund
The commissioner shall recover to the use of the fund, either from persons responsible for the unauthorized discharge or otherwise liable or from the federal ...
- Texas Natural Resources Code Section 40.154 - Coastal Protection Fee; Administrative Costs
(a) There is hereby imposed a fee on every person owning crude oil in a vessel at the time such crude oil is transferred to ...
- Texas Natural Resources Code Section 40.155 - Determination Of Fee
(a) Except as otherwise provided in this section, the rate of the fee shall be 1-1/3 cents per barrel of crude oil until the commissioner ...
- Texas Natural Resources Code Section 40.156 - Administration Of Fee
(a) The comptroller shall administer the provisions of this section as provided in Chapters 101 through 113 of the Tax Code. (b) In the event ...
- Texas Natural Resources Code Section 40.157 - Liability Of The Fund
(a) Persons who incur response costs or who are entitled to damages as a result of an unauthorized discharge of oil may receive compensation from ...
- Texas Natural Resources Code Section 40.158 - Exceptions To Liability
(a) Except as provided by Subsection (b) of this section, the fund is absolutely liable for: (1) all proven, reasonable response costs approved by the ...
- Texas Natural Resources Code Section 40.159 - Claims From Discharges Of Oil
(a)(1) On determining that damage from an unauthorized discharge of oil is likely to occur or has occurred and will result in the filing of ...
- Texas Natural Resources Code Section 40.160 - Payment Of Awards
(a) The commissioner shall establish the amount of the award. If the claimant accepts the award, the commissioner shall certify the amount of the award ...
- Texas Natural Resources Code Section 40.161 - Reimbursement Of Fund
(a) The commissioner shall diligently pursue reimbursement to the fund of any sum expended or paid from the fund. (b) In any action to recover ...
- Texas Natural Resources Code Section 40.162 - Awards Exceeding Fund
(a) If the total awards against the fund exceed the existing balance of the fund, the claimant or claimants shall be paid from the future ...
- Texas Natural Resources Code Section 40.201 - Financial Responsibility
(a) Each owner or operator of a vessel subject to Section 40.114 of this code and operating within coastal waters or waters adjoining and accessible ...
- Texas Natural Resources Code Section 40.202 - Response Costs And Damages Liability
(a) Subject to Subsection (c) of this section, any person responsible for an actual or threatened unauthorized discharge of oil from a vessel is liable ...
- Texas Natural Resources Code Section 40.203 - Liability For Natural Resources Damages
(a) The commissioner, on behalf of the trustees, shall seek reimbursement from the federal fund for damages to natural resources in excess of the liability ...
- Texas Natural Resources Code Section 40.204 - Defenses
The only defense of a person responsible for an actual or threatened unauthorized discharge of oil shall be to plead and prove that the discharge ...
- Texas Natural Resources Code Section 40.205 - Third Parties
If a responsible person alleges a defense under Section 40.204(4) of this code, the responsible person shall pay all response costs and damages. The responsible ...
- Texas Natural Resources Code Section 40.251 - Penalties
(a) A person who intentionally commits any of the following acts in violation of Subchapter C, D, or E shall be guilty of a Class ...
- Texas Natural Resources Code Section 40.252 - Administrative Penalties
The commissioner may assess administrative penalties for the violations and in the amounts established in Section 40.251 of this code. In determining the amount of ...
- Texas Natural Resources Code Section 40.253 - Cumulative Enforcement
This subchapter is cumulative of all other applicable penalties, remedies, and enforcement and liability provisions. Added by Acts 1991, 72nd Leg., ch. 10, § 1, ...
- Texas Natural Resources Code Section 40.254 - Orders And Hearings
(a) The commissioner shall assess administrative penalties, pursue suspension of terminal facility discharge prevention and response certificates, and pursue the removal or disposal of derelict ...
- Texas Natural Resources Code Section 40.255 - Actions
(a) The commissioner may seek injunctive relief to prevent a violation of this chapter from continuing or occurring. (b) All actions on behalf of the ...
- Texas Natural Resources Code Section 40.256 - Individual Cause Of Action
The remedies in this chapter are cumulative and not exclusive. This chapter does not require pursuit of any claim against the fund as a condition ...
- Texas Natural Resources Code Section 40.257 - Venue
(a) Venue for all actions and prosecution of all offenses under this chapter may be brought in Travis County or in any county where the ...
- Texas Natural Resources Code Section 40.258 - Federal Law
(a)(1) The commissioner shall promulgate rules that, to the greatest extent practicable, conform to the national contingency plan and rules promulgated under federal law. (2) ...
- Texas Natural Resources Code Section 40.301 - Interstate Compacts
The commissioner may enter into compacts or agreements with other states consistent with and to further the purposes of this chapter. The commissioner may also ...
- Texas Natural Resources Code Section 40.302 - Institutions Of Higher Education
The commissioner by interagency contract shall enter into agreements with state institutions of higher education for research, testing, and development of oil discharge prevention and ...
- Texas Natural Resources Code Section 40.304 - Small Spill Education Program
The commissioner shall develop and conduct a voluntary spill prevention education program that targets small spills from commercial fishing vessels, offshore support vessels, ferries, cruise ...
- Texas Natural Resources Code Section 51.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Board" means the ...
- Texas Natural Resources Code Section 51.011 - Management Of Public School Land
(a) Any land that is set apart to the permanent school fund under the constitution and laws of this state together with the mineral estate ...
- Texas Natural Resources Code Section 51.012 - Commissioner's Authority
Subject to the authority of the board and to exceptions and restrictions that may be imposed by the constitution and laws of this state, the ...
- Texas Natural Resources Code Section 51.0125 - Land Used By State Agency
Land that belongs to the permanent school fund as a result of having been deeded or given to the state and that has been used ...
- Texas Natural Resources Code Section 51.013 - Classification And Valuation Of Land
(a) As the public interest may require, the commissioner shall classify or reclassify all public school land and shall include a designation of the land, ...
- Texas Natural Resources Code Section 51.014 - Rules
(a) The commissioner may adopt rules necessary to carry out the provisions of this chapter and may alter or amend the rules to protect the ...
- Texas Natural Resources Code Section 51.015 - Forms
The commissioner shall adopt forms that are necessary or proper to transact business that he is required to transact and may request that the attorney ...
- Texas Natural Resources Code Section 51.016 - Duties Of The Attorney General
The attorney general shall furnish the commissioner with advice and legal assistance that may be required to execute the provisions of this chapter. Acts 1977, ...
- Texas Natural Resources Code Section 51.017 - Furnishing Data To Board Of Education
On request, the commissioner shall furnish to the State Board of Education all available data. Acts 1977, 65th Leg., p. 2418, ch. 871, art. I, ...
- Texas Natural Resources Code Section 51.018 - Records And Accounts
The commissioner shall keep in his custody as records of his office each application, affidavit, obligation, and paper relating to the sale and lease of ...
- Texas Natural Resources Code Section 51.019 - Special Fee
Each bidder on a mineral lease or land sale by the board shall remit by separate check a special sale fee in the amount and ...
- Texas Natural Resources Code Section 51.020 - Refunds
(a) On presentation of proper proof, money paid in good faith to a fund in the State Treasury for public land or by a lessee ...
- Texas Natural Resources Code Section 51.051 - Sale Of Land
All sales of land described in Section 51.011 shall be made by or under the direction of the school land board. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 51.052 - Conditions For Sale Of Land
(a) Land sold under the provisions of this subchapter shall be sold without condition of settlement and residence. (b) A purchaser of land under this ...
- Texas Natural Resources Code Section 51.054 - Reservation Of Minerals
(a) Except as otherwise provided in this section, land dedicated to the permanent school fund shall be sold subject to a reservation set by the ...
- Texas Natural Resources Code Section 51.0551 - Lists Of Public Land Offered For Sale: Criminal Penalties
(a) A person, including a corporation or an association, commits an offense if he reproduces, prints, or prepares or sells or furnishes a printed, multigraphed, ...
- Texas Natural Resources Code Section 51.056 - Application To Purchase Land
(a) A person who wants to purchase public school land shall submit to the commissioner a separate written application for each tract. (b) Each application ...
- Texas Natural Resources Code Section 51.057 - Delivery Of Applications
(a) An application for the purchase of public school land shall be delivered to the land office in a sealed envelope addressed to the commissioner ...
- Texas Natural Resources Code Section 51.058 - Method For Making First Payment
(a) An applicant shall submit with his application the required first payment in the form of money or remittance collectible on demand in Austin and ...
- Texas Natural Resources Code Section 51.059 - Opening Applications
(a) On the date of sale, the application envelopes shall be opened and the applications shall be filed and the information entered on the docket ...
- Texas Natural Resources Code Section 51.060 - Recordation Of First Payments
(a) After each application envelope is opened and the first payment for the land is in the land office, the commissioner shall have the payment ...
- Texas Natural Resources Code Section 51.061 - Collection Of Remittances
(a) The comptroller shall immediately collect all collectible remittances and shall report to the commissioner all remittances not collectible in Austin. (b) Any remittances that ...
- Texas Natural Resources Code Section 51.062 - Disposition Of First Payments
(a) The comptroller shall retain all first payments he has collected until the commissioner notifies him of the final disposition of the applications to purchase ...
- Texas Natural Resources Code Section 51.063 - Duplicate High Bids
If two or more applicants submit the same bid for a tract of land and the bids are the highest bids offered on the sale ...
- Texas Natural Resources Code Section 51.064 - Individual Bids
(a) Any public school land offered for sale for which no application is made under Section 51.056 of this code may be sold to any ...
- Texas Natural Resources Code Section 51.065 - Notice And Record Of Sale
(a) The commissioner shall notify the county clerk of the proper county of the sale of each tract of land, the name and address of ...
- Texas Natural Resources Code Section 51.066 - Notice Of Award
(a) The commissioner shall prepare and issue a notice of award for each tract of land sold. (b) Each notice of award shall be appropriately ...
- Texas Natural Resources Code Section 51.067 - Information Required With Payments
A person who is making a payment of principal, interest, or lease rental on land shall give the name of the original purchaser or lessee ...
- Texas Natural Resources Code Section 51.068 - Fund Accounts
(a) Payments of principal, interest, and lease rental shall be accounted for in a similar form but separate from first payments on land. (b) The ...
- Texas Natural Resources Code Section 51.069 - Disposition Of Payments On Public School Land
Payments on public school land received by the commissioner, including payments received as interest on the purchase of public school land, shall be transmitted to ...
- Texas Natural Resources Code Section 51.070 - Unpaid Principal And Interest On Public School Land Sales
(a) Unpaid and delinquent principal and interest on sales of public school land shall bear interest at a rate set by the board, which principal ...
- Texas Natural Resources Code Section 51.071 - Forfeiture Of Land
(a) If principal and interest on a sale of land is not paid when due, the land is subject to forfeiture by the commissioner by ...
- Texas Natural Resources Code Section 51.072 - Effect Of Forfeiture
In cases of forfeiture, the original obligations and reinstatement fees are as binding as if no forfeiture occurred. Acts 1977, 65th Leg., p. 2423, ch. ...
- Texas Natural Resources Code Section 51.073 - Classification And Sale Of Leased And Forfeited Land
(a) Before it is sold, the commissioner shall classify and determine the market value of land on which leases have been cancelled or have expired ...
- Texas Natural Resources Code Section 51.074 - Reinstatement Of Land Purchases
(a) If no rights of third persons have intervened, the purchasers or their vendees, heirs, or legal representatives, who claim land that has been forfeited ...
- Texas Natural Resources Code Section 51.075 - Forfeiture Of A Deceased Purchaser's Land
(a) If a purchaser of land dies, the heirs or legal representatives of the deceased have one year following November 1 after the purchaser's death ...
- Texas Natural Resources Code Section 51.076 - Legal Proceedings
None of the provisions of Sections 51.071 through 51.072 and 51.074 through 51.075 of this code shall prevent the state from instituting legal proceedings necessary: ...
- Texas Natural Resources Code Section 51.077 - Lien
To secure the payment of principal and interest due on a sale of public school land and university land the state has an express lien ...
- Texas Natural Resources Code Section 51.0771 - Reinstatement Fee
(a) A reinstatement fee is due when a forfeited award is reinstated. The reinstatement fee is calculated at one and one-half percent of all amounts ...
- Texas Natural Resources Code Section 51.078 - Transfer Of Indebtedness
(a) If a person or the Federal Farm Loan Bank, with the consent of the owner of land covered by Section 51.077 of this code, ...
- Texas Natural Resources Code Section 51.079 - Transfers Generally
(a) An owner of public school land purchased from the state may sell the land or a definite portion of the land in any size ...
- Texas Natural Resources Code Section 51.080 - Personal Transfers
(a) A vendee who obtains through personal transfer a whole survey or a whole portion of a survey purchased from the state as a whole ...
- Texas Natural Resources Code Section 51.081 - Transfers Other Than Personal Transfer
A person who claims title through a source other than by personal transfer to a definite portion of a survey that is less than the ...
- Texas Natural Resources Code Section 51.082 - Liability Of Vendee
After a separation of land is made on the records of the land office, the portion that is separated shall be charged and credited with ...
- Texas Natural Resources Code Section 51.083 - Patent On Part Of A Tract
(a) If an owner or claimant of land whose ownership or claim is shown on the records of the land office desires a patent on ...
- Texas Natural Resources Code Section 51.084 - Sale Without Condition Of Residence
No sale made without condition of settlement may be questioned by the state or any person after one year from the date of the sale. ...
- Texas Natural Resources Code Section 51.085 - Time For Purchase Of Land
Each purchaser of land has the option of paying the purchase price in full at any time, together with all fees, and obtaining a patent ...
- Texas Natural Resources Code Section 51.086 - Sale Of Escheated Permanent School Land
(a) All sales of escheated land that is a part of the permanent school fund must be made to the highest bidder at a price ...
- Texas Natural Resources Code Section 51.121 - Lease Of Unsold Land
(a) Unsold public school land may be leased for any purpose the commissioner determines is in the best interest of the state under terms and ...
- Texas Natural Resources Code Section 51.122 - Advertisement Of Leases
Leases under the provisions of this subchapter may be advertised in the manner provided in Section 32.107 of this code. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 51.123 - Lease Application
A person who desires to lease land shall submit a written application to the commissioner specifying and describing the particular land he desires to lease. ...
- Texas Natural Resources Code Section 51.124 - Award Of Lease
(a) A lease shall be awarded to the highest responsible bidder. (b) The lease shall be awarded under the rules and in the quantities the ...
- Texas Natural Resources Code Section 51.125 - Rejection Of Bid Or Offer To Lease
Any bid or offer to lease may be rejected by the commissioner for fraud, collusion, or other good and sufficient cause before the lease is ...
- Texas Natural Resources Code Section 51.126 - Notification Of Acceptance And Execution Of Lease
After the applications are received, the commissioner shall give written notification to the successful applicant that his bid or offer to lease is accepted and ...
- Texas Natural Resources Code Section 51.127 - Recording Lease
(a) After the lessee has paid the rent for the land for a year in advance, the commissioner shall deliver the lease to the clerk ...
- Texas Natural Resources Code Section 51.128 - Cancellation Of Lease
(a) If a lessee fails to pay rent within 15 days after it is due, the lessee shall owe a penalty of 10 percent of ...
- Texas Natural Resources Code Section 51.129 - Lien
(a) During the continuance of the lease and after forfeiture, the state has a lien on all property owned by the lessee which is located ...
- Texas Natural Resources Code Section 51.130 - Removal Of Improvements
An improvement made by a lessee on land leased by him may be removed by the lessee on the expiration of the lease or, at ...
- Texas Natural Resources Code Section 51.131 - Soil And Water Conservation Plans
(a) For each lease issued under this subchapter for agricultural or grazing purposes, the commissioner may require the lessee to implement a soil and water ...
- Texas Natural Resources Code Section 51.171 - Purpose; Application Of Other Law
(a) This subchapter controls the purchase and lease of vacant land and the authority of the commissioner and the board to: (1) determine whether a ...
- Texas Natural Resources Code Section 51.172 - Definitions
In this subchapter: (1) "Administratively complete" means a vacancy application that complies with Section 51.176 and any rule adopted by the commissioner regarding the filing ...
- Texas Natural Resources Code Section 51.173 - Disposition Of Vacant Land
(a) Vacant and unsurveyed public school land shall be located, sold, and leased under this subchapter, except: (1) submerged lands within tidewater limits; (2) all ...
- Texas Natural Resources Code Section 51.174 - General Powers And Duties Of Commissioner
(a) The commissioner may: (1) delegate responsibility for implementing this subchapter; (2) perform any other act necessary to administer and implement the purposes of this ...
- Texas Natural Resources Code Section 51.175 - General Powers And Duties Of Board
(a) The board shall set the terms and conditions for each sale and lease of a vacancy. (b) The board shall adopt rules governing the ...
- Texas Natural Resources Code Section 51.176 - Vacancy Application; Filing
(a) To purchase or lease land claimed to be vacant, a person must file a vacancy application on a form prescribed by the commissioner. A ...
- Texas Natural Resources Code Section 51.177 - Processing Vacancy Application
(a) Not later than the 45th day after the date the applicant files the duplicate copies with the commissioner as provided by Section 51.176(f), the ...
- Texas Natural Resources Code Section 51.178 - Deposit
(a) The commissioner may recover from the applicant state funds expended in evaluating and investigating the application, providing notice, preparing a survey, appointing an attorney ...
- Texas Natural Resources Code Section 51.179 - Disposition Of Deposits
(a) The commissioner shall deposit all initial and supplemental deposits received under this subchapter to the credit of a separate trust account in the state ...
- Texas Natural Resources Code Section 51.180 - Attorney Ad Litem
(a) The applicant must provide evidence to the commissioner to establish the applicant's ownership of all interests in the land surrounding the land claimed to ...
- Texas Natural Resources Code Section 51.181 - Notice To Necessary Parties
(a) Not later than the 30th day after the application commencement date, the commissioner shall provide to each necessary party a written notice that: (1) ...
- Texas Natural Resources Code Section 51.182 - Filing Of Exceptions To Application
(a) Not later than the 60th day after the date of the commissioner's notice under Section 51.181(a), a necessary party may file an exception to ...
- Texas Natural Resources Code Section 51.183 - Investigation
(a) The commissioner shall conduct an investigation of the vacancy application. (b) The investigation shall include: (1) an evaluation of the vacancy application; (2) a ...
- Texas Natural Resources Code Section 51.184 - Commissioner's Survey
(a) To investigate a vacancy application under Section 51.183, the commissioner may require a survey. If the commissioner requires a survey, the commissioner shall appoint ...
- Texas Natural Resources Code Section 51.185 - Surveyor's Report
(a) Not later than the 120th day after the date a surveyor is appointed under Section 51.184, the surveyor shall file a written report of ...
- Texas Natural Resources Code Section 51.186 - Completion Of Survey
(a) The commissioner shall serve a true copy of the survey report filed by the surveyor on each necessary party, including those named in the ...
- Texas Natural Resources Code Section 51.187 - Hearing
(a) If the commissioner has not issued a final order with a finding of "Not Vacant Land" on or before the first anniversary of the ...
- Texas Natural Resources Code Section 51.188 - Commissioner's Final Order
(a) At any time during or after an investigation of or hearing regarding a vacancy application, the commissioner may determine that land claimed to be ...
- Texas Natural Resources Code Section 51.189 - Appeal
(a) A final order with a finding of "Not Vacant Land" under Section 51.188 may not be appealed. The final order is conclusive regarding the ...
- Texas Natural Resources Code Section 51.190 - Scope Of Review
In an appeal of the commissioner's final order determining that a vacancy exists, the district court shall conduct a trial de novo. Amended by Acts ...
- Texas Natural Resources Code Section 51.191 - Issues Reviewable
The court may review the commissioner's declaration of good-faith-claimant status only in conjunction with a review of a final order determining that a vacancy exists. ...
- Texas Natural Resources Code Section 51.192 - Standing To Appeal
A person may appeal the commissioner's final order determining that a vacancy exists if the person: (1) is a necessary party; (2) has a present ...
- Texas Natural Resources Code Section 51.193 - Application For And Determination Of Good-Faith-Claimant Status
(a) A necessary party may apply for good-faith-claimant status not later than the 90th day after the date the commissioner issues a final order finding ...
- Texas Natural Resources Code Section 51.194 - Preferential Right Of Good-Faith Claimant
(a) A good-faith claimant who has been notified by the commissioner that a vacancy exists under this subchapter has a preferential right to purchase or ...
- Texas Natural Resources Code Section 51.195 - Purchase Or Lease By Applicant
(a) If no good-faith claimant exists or if no good-faith claimant exercises a preferential right within the applicable period, the applicant has a preferential right ...
- Texas Natural Resources Code Section 51.241 - Issuance Of Patent
The commissioner shall issue a patent when the records of his office reflect that full payment for land has been made where required and fees ...
- Texas Natural Resources Code Section 51.242 - Patent Fees
When a person applies for a patent, he shall pay to the land office in addition to all other required payments a fee set by ...
- Texas Natural Resources Code Section 51.243 - Requisites Of A Patent
(a) Each patent for land from the state shall be issued in the name and by authority of the state under the state seal and ...
- Texas Natural Resources Code Section 51.244 - Delivery Of Patent
(a) When a patent is ready for delivery, the commissioner shall send it, together with the check for payment of the fee required by Section ...
- Texas Natural Resources Code Section 51.245 - Deceased Patentee
A patent issued in the name of a person who is deceased at the time the patent is issued conveys and secures valid title to ...
- Texas Natural Resources Code Section 51.246 - Acquisition Of Deed Of Acquittance To Excess Acreage
(a) If the area of a tract of land that is titled or patented exceeds the quantity provided in the title or patent and if ...
- Texas Natural Resources Code Section 51.247 - Patents For Land That Cannot Be Patented By Other Methods
(a) Any headright survey, homestead donation, preemption survey, scrip survey, or other survey awarded or sold before August 20, 1931, which has been held and ...
- Texas Natural Resources Code Section 51.248 - Doubtful Claim
If it appears to the commissioner from the records of his office or from information given to him under oath that there is an illegality ...
- Texas Natural Resources Code Section 51.249 - Conflicting Surveys
If conflicts exist between surveys, the commissioner shall issue patents to the portions of the surveys that are free from conflict. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 51.250 - Conflicting Title
(a) If a patent to land is issued by mistake on any valid claim for land and is afterwards found to be in conflict with ...
- Texas Natural Resources Code Section 51.251 - Partial Conflict Of Title
If there is only a partial conflict of title under a patent, the commissioner in the manner provided in Section 51.250 of this code may ...
- Texas Natural Resources Code Section 51.252 - Refund Of Purchase Money
(a) If a patent cannot be issued for land because of a conflict, erroneous survey, or illegal sale or if a patent is issued for ...
- Texas Natural Resources Code Section 51.253 - Corrected Patent
(a) An owner of land in one or more patented surveys may apply to the General Land Office for a corrected patent to correct scriveners' ...
- Texas Natural Resources Code Section 51.291 - Grants Of Easements
(a) Except as provided by Subsection (b) of this section, the commissioner may execute grants of easements for rights-of-way across, through, and under unsold public ...
- Texas Natural Resources Code Section 51.292 - Easements And Leases For Certain Facilities
The commissioner may execute grants of easements or leases for electric substations, pumping stations, loading racks, and tank farms to be located on state land ...
- Texas Natural Resources Code Section 51.293 - Easements On University Land
(a) The Board of Regents of The University of Texas System may continue to execute all right-of-way easements under authority already granted across land that ...
- Texas Natural Resources Code Section 51.294 - Forms For Grant
Easements granted under Sections 51.291 through 51.293 of this code shall be granted on forms approved by the attorney general. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 51.295 - Conditions For Easement
Telephone, telegraph, electric transmission, powerline, and pipeline right-of-way easements and easements or rights-of-way for irrigation canals, laterals, and water pipelines shall be executed on terms ...
- Texas Natural Resources Code Section 51.296 - Term Of Easements
(a) Except as provided in Subsection (b) of this section, no grant of easement or lease enumerated under Section 51.293 of this code may be ...
- Texas Natural Resources Code Section 51.297 - Recording Easements
(a) Each easement granted under Sections 51.291 through 51.293 of this code shall be recorded in the county clerk's office of the county in which ...
- Texas Natural Resources Code Section 51.298 - Annual Privilege Fee
(a) A person who occupies or uses any unsold public school land, any islands, saltwater lakes, bays, inlets, marshes, or reefs owned by the state ...
- Texas Natural Resources Code Section 51.299 - Fees For Certain Facilities
The rent to be charged for an easement or lease for an electric substation site, pumping station, loading rack, tank farm, or road or for ...
- Texas Natural Resources Code Section 51.2995 - Waiver Or Reduction Of Easement Fees In Certain Circumstances
The commissioner may waive or reduce an easement fee if the easement granted is to improve the infrastructure of the land, including production and transportation ...
- Texas Natural Resources Code Section 51.300 - Disposition Of Income
Income received by the commissioner under this subchapter from public school land shall be credited to the permanent school fund, and income received from university ...
- Texas Natural Resources Code Section 51.301 - Interest On Past-Due Payments
(a) Payments under this subchapter that are past due shall bear interest at a rate of 10 percent a year. (b) If no date for ...
- Texas Natural Resources Code Section 51.302 - Prohibition And Penalty
(a) No person may construct or maintain any structure or facility on land owned by the state, nor may any person who has not acquired ...
- Texas Natural Resources Code Section 51.3021 - Removal Of Facility Or Structure By Commissioner
(a) The commissioner may remove and dispose of a facility or structure on land owned by the state if the commissioner finds the facility or ...
- Texas Natural Resources Code Section 51.303 - Venue
The venue for suits by or against the state under Sections 51.291 through 51.3021 of this code or for violation of provisions of Sections 51.291 ...
- Texas Natural Resources Code Section 51.304 - Easements For Soil Conservation And Flood Prevention
The commissioner may execute grants of easements on unsold public school land to conservation and reclamation districts for soil conservation and flood prevention projects authorized ...
- Texas Natural Resources Code Section 51.305 - Terms And Form Of Grant
The grant of the easement may contain any provisions that the commissioner considers necessary to protect the interests of the state and may be perpetual ...
- Texas Natural Resources Code Section 51.306 - Consideration
The consideration paid to the state for the grant of the easement under Section 51.304 of this code shall be determined by the commissioner to ...
- Texas Natural Resources Code Section 51.307 - Reservation Of Mineral Rights
Mineral rights together with the right to explore for, produce, and market the minerals in land granted as an easement under Section 51.304 of this ...
- Texas Natural Resources Code Section 51.341 - Definition
In this subchapter, "timbered land" means land that is valued chiefly for the timber located on it. Acts 1977, 65th Leg., p. 2441, ch. 871, ...
- Texas Natural Resources Code Section 51.342 - Sale Or Lease Of Timber
Timber located on public land shall be sold or leased in full tracts for cash at its market value. Acts 1977, 65th Leg., p. 2441, ...
- Texas Natural Resources Code Section 51.343 - Rules
Subject to the provisions of this chapter, the commissioner shall adopt rules for the sale of timber which are considered necessary and judicious. Acts 1977, ...
- Texas Natural Resources Code Section 51.344 - Application To Purchase Timber
An application to purchase timber shall be made in the manner provided for filing an application to purchase land. Acts 1977, 65th Leg., p. 2441, ...
- Texas Natural Resources Code Section 51.345 - Ingress And Egress From Land
The purchaser of timber without the land is entitled to ingress and egress on the land for a period of five years after the date ...
- Texas Natural Resources Code Section 51.346 - Reversion Of Title To Timber
After the five-year period provided in Section 51.345 of this code, title to the timber reverts to the fund to which the land belongs and ...
- Texas Natural Resources Code Section 51.347 - Sale Of Gayule And Lechuguilla
The board may sell the gayule or lechuguilla growing or found on the public school land, exclusive of timber. Acts 1977, 65th Leg., p. 2441, ...
- Texas Natural Resources Code Section 51.348 - Conditions Of Sale
The sale of gayule and lechuguilla may be on any terms and conditions and with any limitations that the board considers most advantageous and in ...
- Texas Natural Resources Code Section 51.349 - Contracts
The board may enter into any contract including an executory contract of sale which they consider wise for the purpose of having the commercial properties ...
- Texas Natural Resources Code Section 51.401 - Special Fund Account
(a) The board may designate funds received from the sale of permanent school fund land under this chapter and the proceeds of future mineral leases ...
- Texas Natural Resources Code Section 51.402 - Use Of Designated Funds
(a) The board may use the money designated under Section 51.401 for any of the following purposes: (1) to add to a tract of public ...
- Texas Natural Resources Code Section 51.4021 - Appointment Of Special Fund Managers
(a) The board may appoint investment managers to invest the money designated under Section 51.401 by contracting for professional investment management services with one or ...
- Texas Natural Resources Code Section 51.404 - Title Security
(a) Real property acquired under this chapter shall be conveyed to the state by warranty deed. (b) The board may purchase or acquire title insurance ...
- Texas Natural Resources Code Section 51.405 - Contracts For Purchase
The board may enter into contracts for the purchase of property under this subchapter. Added by Acts 1985, 69th Leg., ch. 624, § 40. ...
- Texas Natural Resources Code Section 51.406 - Dedication To Permanent School Fund
Land acquired under this subchapter is dedicated to the permanent school fund and is subject to sale and lease in the same manner and under ...
- Texas Natural Resources Code Section 51.407 - Rules
The board shall adopt rules for the implementation of this subchapter. Added by Acts 1985, 69th Leg., ch. 624, § 40. ...
- Texas Natural Resources Code Section 51.408 - Ethics Policy And Training
(a) In addition to any other requirements provided by law, the board shall adopt and enforce an ethics policy that provides standards of conduct relating ...
- Texas Natural Resources Code Section 51.409 - Disclosure Of Conflicts Of Interest And Finances
(a) A member of the board, the commissioner, an employee of the board, or a person who provides services to the board that relate to ...
- Texas Natural Resources Code Section 51.410 - Reports Of Expenditures
A consultant, advisor, broker, or other person providing services to the board relating to the management and investment of the funds designated under Section 51.401 ...
- Texas Natural Resources Code Section 51.411 - Forms; Public Information
(a) The board shall prescribe forms for: (1) statements of possible conflicts of interest and waivers of possible conflicts of interest under Section 51.409; and ...
- Texas Natural Resources Code Section 51.412 - Reports To Legislature
(a) Not later than September 1 of each even-numbered year, the board shall submit to the legislature a report that, specifically and in detail, assesses ...
- Texas Natural Resources Code Section 51.501 - Application For Grant
A lessee of real property owned by the permanent school fund and used for grazing or agricultural purposes may apply to the commissioner for a ...
- Texas Natural Resources Code Section 51.502 - Source Of Grant Money
A grant under this subchapter shall be made from money collected for surface damages under Sections 52.297 and 53.155. Added by Acts 2003, 78th Leg., ...
- Texas Natural Resources Code Section 51.503 - Appraisal Required
(a) Before a grant is made under Section 51.501, an appraiser employed by the land office must appraise the effect of the improvement for which ...
- Texas Natural Resources Code Section 51.504 - Evidence Of Expenditure Required
The commissioner shall require each lessee who receives a grant to provide copies of receipts, vouchers, or other evidence of expenditures for the improvement. Added ...
- Texas Natural Resources Code Section 51.505 - Improvements: Real Property Of Permanent School Fund
Any improvement constructed with money disbursed under this subchapter is the real property of the permanent school fund. Added by Acts 2003, 78th Leg., ch. ...
- Texas Natural Resources Code Section 51.506 - Maintenance
As a condition for a grant under this subchapter, the commissioner shall require the grantee to agree in writing to maintain the improvement in a ...
- Texas Natural Resources Code Section 51.507 - Rules
The commissioner shall adopt rules as necessary to administer this subchapter, including rules establishing a procedure for applying for a grant under Section 51.501 and ...
- Texas Natural Resources Code Section 52.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Board" means the ...
- Texas Natural Resources Code Section 52.011 - Area Subject To Lease
Under the provisions of this subchapter, the board may lease to any person for the production of oil and natural gas: (1) islands, saltwater lakes, ...
- Texas Natural Resources Code Section 52.012 - Conditions For Lease
Oil and gas shall only be leased together and shall be leased separately from other minerals. Acts 1977, 65th Leg., p. 2445, ch. 871, art. ...
- Texas Natural Resources Code Section 52.013 - Determination Of Lease Price And Delay Rentals
The board shall determine the price at which areas under this subchapter shall be leased and the amount of delay rentals that shall be charged. ...
- Texas Natural Resources Code Section 52.014 - Date For Lease And Notice
The date for opening bids to lease areas covered by this subchapter shall be set and notice of the date shall be given in the ...
- Texas Natural Resources Code Section 52.015 - Bid To Lease
(a) To apply to lease a tract, a bidder must submit a separate bid for each separate tract to be leased. (b) A bid must ...
- Texas Natural Resources Code Section 52.016 - Special Fee
Each bidder on a lease under this subchapter shall remit by separate check a special sale fee in the amount and in the manner provided ...
- Texas Natural Resources Code Section 52.017 - Keeping And Opening Bids
Bids shall be kept secure and unopened by the commissioner or the commissioner's designee until opened on the date and at the time set as ...
- Texas Natural Resources Code Section 52.018 - Void Application
An application that includes two or more areas or that is for a price that is less than the fixed royalty and price per acre ...
- Texas Natural Resources Code Section 52.019 - Tie Bids
(a) If the highest bid for an area is made by more than one applicant, all applications shall be rejected and the board shall set ...
- Texas Natural Resources Code Section 52.020 - Return Of Payments On Rejected Applications
The comptroller or commissioner shall return all amounts paid on rejected applications. Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, § 1, eff. ...
- Texas Natural Resources Code Section 52.021 - Term Of Lease
A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as ...
- Texas Natural Resources Code Section 52.022 - Royalty Rate
The board shall set the royalty rate on production of oil and gas from land leased under this subchapter. The royalty rate set must be ...
- Texas Natural Resources Code Section 52.023 - Lease Provisions For Drilling And Reworking
Each lease shall provide that: (1) if the production of oil or gas on premises leased under this subchapter ceases for any reason after the ...
- Texas Natural Resources Code Section 52.024 - Lease Provisions For Shut-In Oil Or Gas Royalty And Compensatory Royalty
(a) For purposes of this section, "well" means any well that has been assigned a well number by the state agency having jurisdiction over the ...
- Texas Natural Resources Code Section 52.025 - Disposition Of Lease Payments
The comptroller shall credit the permanent school fund with amounts received from unsurveyed school land and with two-thirds of the amount received from other areas ...
- Texas Natural Resources Code Section 52.026 - Lease Transfer
(a) A lessee of an area under this subchapter may transfer the lease at any time. The liability of the transferor to properly discharge its ...
- Texas Natural Resources Code Section 52.027 - Lease Relinquishment
(a) A lessee may relinquish his lease to the state at any time by recording the relinquishment in each county in which all or part ...
- Texas Natural Resources Code Section 52.028 - Suspension Of Lease Because Of Litigation
(a) If an oil and gas lease that has been issued by the commissioner is involved in litigation relating to the validity of the lease ...
- Texas Natural Resources Code Section 52.029 - Forfeiture Of Rights
The provisions of Subchapter F of this chapter governing the forfeiture and reinstatement of rights apply to forfeiture and reinstatement of leases issued under this ...
- Texas Natural Resources Code Section 52.030 - Refund Of Lease Money In Certain Situations
(a) If a lessee is prevented from exploring, developing, drilling, or producing oil and gas from the tract leased to him as a result of ...
- Texas Natural Resources Code Section 52.0301 - Suspension Of Terms Of Lease In Certain Situations
(a) If the lessee of a valid oil and gas lease granted by the state is unable to obtain access to the leased premises, or ...
- Texas Natural Resources Code Section 52.031 - Extension Of Lease By Commissioner
(a) At the expiration of the primary term of a lease made under the provisions of this subchapter, if production of oil or gas has ...
- Texas Natural Resources Code Section 52.032 - Regulation Of Development And Operations
(a) Development and operations on areas covered by this subchapter shall be done insofar as practicable in a manner that will prevent the pollution of ...
- Texas Natural Resources Code Section 52.033 - Access To Land
(a) If it is necessary for the lessee to enter the enclosed land of another person for the purpose of ingress and egress to and ...
- Texas Natural Resources Code Section 52.034 - Offset Wells
(a) If oil or gas is produced in commercial quantities from a well located on a privately owned area or areas of state land leased ...
- Texas Natural Resources Code Section 52.035 - Agreements With U.S. Government
(a) The governor may execute agreements on behalf of the state to obtain access to confidential and proprietary information from the secretary of the United ...
- Texas Natural Resources Code Section 52.071 - Authority Over Riverbeds And Channels
The riverbeds and channels belonging to the state are subject to development by the state and to lease or contract for recovery of oil and ...
- Texas Natural Resources Code Section 52.072 - State Policy
(a) With regard to leases and contracts for the development of riverbeds and channels, it is the policy of the state that activities of the ...
- Texas Natural Resources Code Section 52.073 - Area Subject To Lease
Riverbeds and channels that belong to the state may be leased to any person by the board under the provisions of this subchapter. Acts 1977, ...
- Texas Natural Resources Code Section 52.074 - Size Of Tract
Subject to the conditions in this subchapter, riverbeds and channels shall be leased in tracts of the size determined by the board. Acts 1977, 65th ...
- Texas Natural Resources Code Section 52.076 - Duty To Advertise
(a) The board may: (1) advertise for bids to lease riverbeds and channels for oil and gas development; (2) advertise for bids to contract to ...
- Texas Natural Resources Code Section 52.077 - Special Fee
Each bidder on a lease under this subchapter shall remit with each bid by separate payment a special sale fee in the amount and in ...
- Texas Natural Resources Code Section 52.080 - Forms For Lease And Contract
Leases and contracts for the development of riverbeds and channels shall be executed on forms approved by the board. Acts 1977, 65th Leg., p. 2451, ...
- Texas Natural Resources Code Section 52.082 - Term Of Lease
A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as ...
- Texas Natural Resources Code Section 52.083 - Conditions Of Lease
Oil and gas shall only be leased together and separately from other minerals. Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, § 1, ...
- Texas Natural Resources Code Section 52.084 - Special Lease Provisions
Each lease shall include the provisions required by Sections 52.023 and 52.024 of this code. Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, ...
- Texas Natural Resources Code Section 52.085 - Prevention Of Pollution
(a) Each lease and contract shall require the lessee or contracting party or his successors or assigns to use the highest degree of care and ...
- Texas Natural Resources Code Section 52.087 - Determination Of Lease Price And Delay Rentals
The board shall determine the price at which riverbeds and channels shall be leased and the amount of delay rentals that shall be charged. Acts ...
- Texas Natural Resources Code Section 52.088 - Royalty Rate
The board shall set the royalty rate on production of oil and gas from riverbeds and channels leased under this subchapter. The royalty rate set ...
- Texas Natural Resources Code Section 52.090 - Extension Of Lease
A lease may be extended in the manner provided in Section 52.031 of this code. Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, ...
- Texas Natural Resources Code Section 52.091 - Refund Of Lease Money In Certain Situations
A lessee under this subchapter is entitled to a refund of all money paid for bonus, delay rentals, and other fees for the reasons and ...
- Texas Natural Resources Code Section 52.092 - Power Of Eminent Domain
The board or any person including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources ...
- Texas Natural Resources Code Section 52.093 - Eminent Domain Purposes
The board and any person, including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources ...
- Texas Natural Resources Code Section 52.094 - Drilling Offset Well On Condemned Land
(a) If the landowner or other interested party and the board or the lessee of the riverbed or channel cannot agree on the amount of ...
- Texas Natural Resources Code Section 52.095 - Rights Of Parties To Condemnation
It is the intent of this subchapter that the mineral rights of the owner are superior to the surface rights of the condemning party. Acts ...
- Texas Natural Resources Code Section 52.096 - Exclusion From Damages In Condemnation
In determining the damages resulting from condemnation, the commissioners or any other tribunal shall not consider the value of oil or gas located beneath the ...
- Texas Natural Resources Code Section 52.097 - Injunction
(a) No injunction may be granted against the board, its agents, or persons with whom it has contracted, to restrain the board from enforcing its ...
- Texas Natural Resources Code Section 52.098 - Appeal
(a) Either party to the suit for an injunction or restraining order is entitled to appeal from the final judgment. (b) The appeal shall be ...
- Texas Natural Resources Code Section 52.099 - Venue
The venue for any suit arising from this subchapter either by or against the board and regardless of the kind or nature shall be in ...
- Texas Natural Resources Code Section 52.100 - Effect Of Subchapter
The provisions of this subchapter do not repeal or supersede Chapter 138, Acts of the 41st Legislature, Regular Session, 1929 (Article 5414a, Vernon's Texas Civil ...
- Texas Natural Resources Code Section 52.131 - Payment Of Royalty Generally
(a) Royalties due under a lease of state land or minerals that are required to be paid to the land office, including leases on land ...
- Texas Natural Resources Code Section 52.132 - Form Of Payment
Except as provided in Section 52.133 of this code, royalty payments shall be made in cash, by bank draft drawn on a state or national ...
- Texas Natural Resources Code Section 52.133 - Payment Of Royalty In Kind
(a) Each oil or gas lease covering land leased by the board, by a board for lease, or by the surface owner of land under ...
- Texas Natural Resources Code Section 52.134 - Filing Contracts And Agreements
Copies of contracts for the sale or processing of gas and subsequent agreements and amendments to those contracts shall be filed in the land office ...
- Texas Natural Resources Code Section 52.135 - Inspections And Examinations
(a) The books and accounts, receipts, and discharges of all lines, tanks, pools, and meters and all contracts and other records relating to the production, ...
- Texas Natural Resources Code Section 52.136 - Lien
(a) The state has a statutory first lien on all oil and gas produced on any lease area to secure payment of unpaid royalty and ...
- Texas Natural Resources Code Section 52.137 - Suit After Protest Payment
(a) If a lessee, who has received an audit deficiency assessment and has waived the right to request a hearing before the commissioner or who ...
- Texas Natural Resources Code Section 52.138 - Refund
If a suit authorized by Section 52.137 of this code results in a final determination that all or part of the payment under protest was ...
- Texas Natural Resources Code Section 52.139 - Limitations On Audit Assessments
(a) If an audit billing notice has been issued under Section 52.135 and any outstanding audit deficiency assessment has been paid either: (1) voluntarily; (2) ...
- Texas Natural Resources Code Section 52.140 - Audit Information Confidential
(a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records, as provided in ...
- Texas Natural Resources Code Section 52.151 - Authorization To Operate Areas As Units
(a) The commissioner, on behalf of the state or any fund that belongs to the state, may execute agreements that provide for operating areas as ...
- Texas Natural Resources Code Section 52.152 - Approval Of Agreements
(a) An agreement must be approved by the board and executed by the commissioner to be effective if the agreement commits: (1) a royalty interest ...
- Texas Natural Resources Code Section 52.153 - Provisions Of Agreement
(a) An agreement executed under this subchapter may include the following provisions: (1) that operations incident to drilling a well on any portion of a ...
- Texas Natural Resources Code Section 52.154 - Ratifications And Other Agreements
(a) The board may approve, by rule or order, a ratification or other agreement that includes in the benefits of production a mineral or royalty ...
- Texas Natural Resources Code Section 52.171 - School And Asylum Lands
The state hereby constitutes the owner of the soil its agent for the purposes herein named, and in consideration therefor, relinquishes and vests in the ...
- Texas Natural Resources Code Section 52.172 - Sale And Lease By Agent
The owner of said land is hereby authorized to sell or lease to any person, firm, or corporation the oil and gas that may be ...
- Texas Natural Resources Code Section 52.173 - Offset Wells
(a) If oil and/or gas should be produced in commercial quantities within 1,000 feet of land subject to this subchapter,or in any case where land ...
- Texas Natural Resources Code Section 52.174 - Failure To Drill Offset
If such persons fail or refuse to begin the drilling of such well or wells within the time required or to prosecute such drilling as ...
- Texas Natural Resources Code Section 52.175 - Lease Of Oil And Gas After Forfeiture
When the relinquishment or agency right herein granted has been forfeited, the land shall be subject to lease for oil and gas under the procedure ...
- Texas Natural Resources Code Section 52.176 - Forfeiture Of Rights
If any person, firm, or corporation operating under this law shall fail or refuse to make the payment of any sum within 30 days after ...
- Texas Natural Resources Code Section 52.177 - Rights Of Subsequent Purchaser
If one acquires a valid right by permit or lease to the oil and gas in any unsold public free school or asylum land under ...
- Texas Natural Resources Code Section 52.178 - Operation Under Permit
The owner of a permit or combination of permits shall have 18 months from the date or average date thereof in which to begin drilling ...
- Texas Natural Resources Code Section 52.179 - Lease Under Permit
If oil or gas should be produced in paying quantities upon any land included in this law, the owner of the permit shall report the ...
- Texas Natural Resources Code Section 52.180 - Payments Under Permit
The owner of a permit or combination of permits who desires to avail himself of the terms of this law, shall pay the state 10 ...
- Texas Natural Resources Code Section 52.181 - Relinquishment Under Permit
The owner of a permit or combination of permits may relinquish to the state a permit or combination of permits or any whole survey or ...
- Texas Natural Resources Code Section 52.182 - Damages To Soil
The payment of delay rentals and the obligation to pay the owner of the soil one-sixteenth of the production and the payment of same when ...
- Texas Natural Resources Code Section 52.183 - Effective Date Of Lease
No mineral lease executed by the owner of the land or minerals under this subchapter is effective until a certified copy of the lease is ...
- Texas Natural Resources Code Section 52.184 - Statement Of Consideration
No lease executed under this subchapter after September 17, 1939, is binding on the state unless it recites the actual and true consideration paid or ...
- Texas Natural Resources Code Section 52.185 - University Land
The provisions of this subchapter relating to a combination of permits and extension of time for beginning development and time for development applies to permits ...
- Texas Natural Resources Code Section 52.186 - Lease Of Certain Minerals When Owner Of The Soil Unavailable
(a) If an owner of the soil or of any undivided interest therein of any land subject to the terms of this subchapter or Subchapter ...
- Texas Natural Resources Code Section 52.188 - Assignments To The Owner Of The Soil
(a) An owner of the soil may acquire by assignment a lease which he executed on land subject to the Relinquishment Act, Subchapter F, Chapter ...
- Texas Natural Resources Code Section 52.189 - Authority And Duties Of Agent
(a) Prohibition Against Self-Dealing. (1) The owner of the soil may not lease, either directly or indirectly, to himself or to a nominee, to any ...
- Texas Natural Resources Code Section 52.190 - Lease By Owner Of The Soil
(a) An owner of the soil of lands covered by this subchapter may lease those lands for the purpose of exploring for and producing oil ...
- Texas Natural Resources Code Section 52.291 - Coverage
The following persons, agencies, and entities are subject to the provisions of Sections 52.292 through 52.293 of this code: (1) the commissioner; (2) the board; ...
- Texas Natural Resources Code Section 52.297 - Compensation For Damages From Use Of Surface
(a) Leases issued under Subchapter B of this chapter for unsold surveyed or unsurveyed school land, other than land included in islands, saltwater lakes, bays, ...
- Texas Natural Resources Code Section 52.321 - Definitions
In this subchapter: (1) "Geophysical exploration" means a survey or investigation conducted to discover or locate oil and gas prospects using magnetic, gravity, seismic, and/or ...
- Texas Natural Resources Code Section 52.322 - Permit Required For Exploration
(a) Except for a person who has a valid oil and gas lease on public school land authorized by this chapter, a person may not ...
- Texas Natural Resources Code Section 52.323 - Application For Permit
(a) The person responsible for conducting a geophysical or geochemical exploration is the person who must apply for a permit. (b) An application for a ...
- Texas Natural Resources Code Section 52.324 - Authority Of Commissioner
(a) The commissioner: (1) as a condition of issuing a permit, shall collect reasonable fees from the applicant in an amount determined by the commissioner; ...
- Texas Natural Resources Code Section 52.325 - Permittee's Failure To Comply
(a) If a permittee fails to restore land in accordance with Section 52.324(a)(3) of this code and the rules of the commissioner, the commissioner and ...
- Texas Natural Resources Code Section 53.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Board" means the ...
- Texas Natural Resources Code Section 53.011 - Land Subject To Prospect
Any tract of land that belongs to the state, including islands, salt and freshwater lakes, bays, inlets, marshes, and reefs owned by the state within ...
- Texas Natural Resources Code Section 53.012 - Application For Right To Prospect
(a) A person who desires to prospect land covered by this subchapter shall file an application with the commissioner designating the area to be prospected. ...
- Texas Natural Resources Code Section 53.013 - Conditions Of Permit
(a) The commissioner may issue to the first applicant a permit to prospect the area designated in the applicant's application for a period up to ...
- Texas Natural Resources Code Section 53.015 - Application For Lease
(a) At any time during the term of the permit, the permittee may file an application to lease the area or a designated portion of ...
- Texas Natural Resources Code Section 53.016 - Issuance Of Lease
(a) After receipt of the bonus payment set by the commissioner, the lease shall be issued by the commissioner under the provisions of this subchapter ...
- Texas Natural Resources Code Section 53.018 - Royalty
The royalty under the lease shall not be less than one-sixteenth of the value of the minerals produced under the lease. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 53.019 - Payments
Lease payments and royalty shall be paid to the commissioner at Austin, and all payments shall be credited to the account of the permanent school ...
- Texas Natural Resources Code Section 53.020 - Assignment And Transfer
A lease issued under this subchapter may be transferred or assigned at any time in the manner provided by Section 52.026 of this code. Acts ...
- Texas Natural Resources Code Section 53.021 - Forfeiture Of Lease
(a) A lease is subject to forfeiture by act of the commissioner if: (1) the lessee fails or refuses to pay any amount which is ...
- Texas Natural Resources Code Section 53.022 - Effect Of Subchapter
None of the provisions of this subchapter shall apply to, alter, or affect any rights existing on June 22, 1955, under a valid permit issued ...
- Texas Natural Resources Code Section 53.023 - Immediate Lease
If the commissioner determines that a certain mineral is located on a state tract subject to prospect under this subchapter, a lease for that mineral ...
- Texas Natural Resources Code Section 53.024 - Penalty And Interest
A lease issued under this subchapter shall be subject to Sections 52.131(e) through (j) of this code. Added by Acts 1985, 69th Leg., ch. 923, ...
- Texas Natural Resources Code Section 53.025 - Lease Relinquishment
A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code. ...
- Texas Natural Resources Code Section 53.026 - In Kind Royalty
(a) The commissioner or the commissioner acting on behalf of and at the direction of the board or a board for lease may negotiate and ...
- Texas Natural Resources Code Section 53.027 - Contracts And Agreements
On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms ...
- Texas Natural Resources Code Section 53.028 - Audit Information Confidential
(a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by ...
- Texas Natural Resources Code Section 53.061 - Authority To Lease Certain Minerals
(a) The state constitutes the owner of the surface its agent to lease to any person any mineral, except oil and gas, which may be ...
- Texas Natural Resources Code Section 53.062 - Lease Of Minerals Separately And Together
Minerals covered by the provisions of this subchapter may be leased either separately or together. Acts 1977, 65th Leg., p. 2471, ch. 871, art. I, ...
- Texas Natural Resources Code Section 53.063 - Forms
The owner of the surface may lease to any person the minerals covered by this subchapter on lease forms prepared by the land office. Acts ...
- Texas Natural Resources Code Section 53.064 - Prerequisites For Effectiveness Of Lease
(a) No lease executed by the owner of the surface is binding on the state unless it recites the actual consideration paid or promised for ...
- Texas Natural Resources Code Section 53.065 - Payments Under Lease
(a) Under a lease executed under this subchapter before September 1, 1987, the lessee shall pay to the state 60 percent of all bonuses agreed ...
- Texas Natural Resources Code Section 53.066 - Damages To Surface
Payments made by the lessee to the owner of the surface as provided in this subchapter and acceptance of the payments by the owner of ...
- Texas Natural Resources Code Section 53.067 - Payment Procedure
Royalties and other payments accruing to the state under this subchapter shall be paid to the commissioner in Austin and shall be deposited in the ...
- Texas Natural Resources Code Section 53.068 - Production Report And Records
(a) Each payment shall be accompanied by an affidavit of the lessee or his authorized agent indicating: (1) the amount of minerals produced and marketed ...
- Texas Natural Resources Code Section 53.069 - Forfeiture Of Lease
(a) A lease and all rights under a lease are subject to forfeiture by action of the commissioner if the lessee or his assignee, sublessee, ...
- Texas Natural Resources Code Section 53.070 - Reinstatement Of Lease
(a) If the owner of the forfeited lease complies with the provisions of this subchapter within 30 days after the declaration of forfeiture, the commissioner ...
- Texas Natural Resources Code Section 53.071 - Lien
The state has a first lien on all minerals produced from any lease to secure the payment of unpaid royalty or other amounts that are ...
- Texas Natural Resources Code Section 53.072 - Effect Of Certain Laws
Any rights acquired under Articles 5388 through 5403, Revised Civil Statutes of Texas, 1925, before March 15, 1967, are not affected by the repeal of ...
- Texas Natural Resources Code Section 53.073 - Certain Minerals And Laws Exempt From Subchapter
The provisions of this subchapter do not apply to or affect oil and gas and do not affect the provisions of Subchapter F, Chapter 52 ...
- Texas Natural Resources Code Section 53.074 - Authority And Duties Of Agent
(a) Prohibition Against Self-Dealing. (1) The owner of the soil may not lease, either directly or indirectly, to himself or to a nominee, to any ...
- Texas Natural Resources Code Section 53.075 - Assignment And Transfer
A lease issued under this subchapter may be assigned or transferred at any time in the manner provided by Section 52.026 of this code. Added ...
- Texas Natural Resources Code Section 53.076 - Lease Relinquishment
A lease issued under this subchapter may be relinquished to the state at any time in the manner provided by Section 52.027 of this code. ...
- Texas Natural Resources Code Section 53.077 - In Kind Royalty
(a) The commissioner, each owner of the soil under this subchapter, or the commissioner acting on the behalf of and at the direction of an ...
- Texas Natural Resources Code Section 53.078 - Penalty And Interest
A lease issued under this subchapter shall be subject to Sections 52.131(e) through (j) of this code. Added by Acts 1993, 73rd Leg., ch. 897, ...
- Texas Natural Resources Code Section 53.079 - Contracts And Agreements
On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms ...
- Texas Natural Resources Code Section 53.080 - Audit Information Confidential
(a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records as provided by ...
- Texas Natural Resources Code Section 53.081 - Lease By Owner Of The Soil
(a) An owner of the soil of lands covered by this subchapter may lease those lands for the purpose of exploring for and producing minerals ...
- Texas Natural Resources Code Section 53.111 - Authority To Operate An Area As A Unit For Production Of Sulphur
The commissioner on behalf of the state or any fund that belongs to the state may execute agreements that provide for operating areas as a ...
- Texas Natural Resources Code Section 53.112 - Approval Of Certain Agreements By School Land Board
(a) An agreement must be approved by the board and executed by the commissioner to be effective if the agreement commits: (1) a royalty interest ...
- Texas Natural Resources Code Section 53.113 - Approval Of Agreements
An agreement that commits the royalty interest in any land not listed in Section 53.112 of this code must be approved by the board, official, ...
- Texas Natural Resources Code Section 53.114 - Commissioner's Approval
Before executing an agreement authorized by Section 53.111 of this code, the commissioner must find that the agreement is in the best interest of the ...
- Texas Natural Resources Code Section 53.115 - Provisions Of Agreement
(a) An agreement executed under this subchapter may include the following provisions: (1) that operations incident to drilling a well on any portion of a ...
- Texas Natural Resources Code Section 53.116 - Application To University Land
None of the provisions of this subchapter apply to any land under the control and management of the Board of Regents of The University of ...
- Texas Natural Resources Code Section 53.117 - Construction Of Subchapter
(a) Agreements and operations under this subchapter are necessary to prevent waste and conserve the natural resources of the state and are not a violation ...
- Texas Natural Resources Code Section 53.118 - Ratifications And Other Agreements
(a) The board may approve, by rule or order, a ratification or other agreement that includes in the benefits of production a mineral or royalty ...
- Texas Natural Resources Code Section 53.151 - Lease Of Certain Areas
(a) Under the provisions of this subchapter, the board may lease to any person for the production of coal, lignite, sulphur, salt, and potash: (1) ...
- Texas Natural Resources Code Section 53.152 - Laws Applicable To Leases
Leases of land described by Section 53.151 of this code shall be made in the same procedural manner as leases of that land for oil ...
- Texas Natural Resources Code Section 53.153 - Conditions Of Lease
(a) Coal, lignite, sulphur, salt, and potash may be leased together or separately. (b) A lease granted under this subchapter shall be for a primary ...
- Texas Natural Resources Code Section 53.154 - Royalty Rate
The board shall set the royalty rate on production of sulphur, coal, lignite, salt, and potash from land leased under this subchapter. The royalty rate ...
- Texas Natural Resources Code Section 53.155 - Compensation For Damages From Use Of Surface
(a) Leases issued under Subchapter B or E of this chapter for unsold surveyed or unsurveyed school land, other than land included in islands, saltwater ...
- Texas Natural Resources Code Section 53.156 - Contracts And Agreements
On the land office's written request, mailed to the lessee's address as shown on its lease or otherwise properly changed in conformity with the terms ...
- Texas Natural Resources Code Section 53.161 - Definitions
In this subchapter: (1) "Mineral(s)" means coal, lignite, sulphur, salt, and potash. (2) "Geophysical exploration" means a survey or investigation conducted to discover or locate ...
- Texas Natural Resources Code Section 53.162 - Permit Required For Exploration
(a) Except for a person who has a valid mineral lease on public school land authorized by this chapter, a person may not conduct geophysical ...
- Texas Natural Resources Code Section 53.163 - Laws Applicable To Permits
Permits for geophysical and geochemical exploration under this subchapter shall be issued in the same manner and under the same terms and conditions as permits ...
- Texas Natural Resources Code Section 53.1631 - Groundwater
(a) Unless otherwise expressly provided by statute, deed, patent, or other grant from the State of Texas, groundwater shall not be considered a mineral in ...
- Texas Natural Resources Code Section 61.001 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Construction" means causing or carrying out any building, bulkheading, filling, clearing, ...
- Texas Natural Resources Code Section 61.011 - Policy And Rules
(a) It is declared and affirmed to be the public policy of this state that the public, individually and collectively, shall have the free and ...
- Texas Natural Resources Code Section 61.012 - Definition
In this subchapter, "beach" means state-owned beaches to which the public has the right of ingress and egress bordering on the seaward shore of the ...
- Texas Natural Resources Code Section 61.013 - Prohibition
(a) It is an offense against the public policy of this state for any person to create, erect, or construct any obstruction, barrier, or restraint ...
- Texas Natural Resources Code Section 61.014 - Denial Of Access By Posting
(a) As used in this section, "public beach" means the area extending from the line of mean low tide of the Gulf of Mexico to ...
- Texas Natural Resources Code Section 61.015 - Beach Access And Use Plans
(a) Each local government with ordinance authority over construction adjacent to public beaches and each county that contains any area of public beach within its ...
- Texas Natural Resources Code Section 61.016 - Boundaries For Areas With No Marked Vegetation Line
(a) To determine the "line of vegetation" in any area of public beach in which there is no clearly marked line of vegetation (for instance, ...
- Texas Natural Resources Code Section 61.017 - Line Of Vegetation Unaffected By Certain Conditions
(a) The "line of vegetation" is not affected by the occasional sprigs of salt grass on mounds and dunes or seaward from them and by ...
- Texas Natural Resources Code Section 61.018 - Enforcement
(a) Any county attorney, district attorney, or criminal district attorney, or the attorney general at the request of the commissioner, shall file in a district ...
- Texas Natural Resources Code Section 61.0185 - Temporary Suspension Of Submission Of Requests That Attorney General File Suit
(a) The commissioner by order may suspend for a period of two years from the date the order is issued the submission of a request ...
- Texas Natural Resources Code Section 61.019 - Declaratory Judgment Suits
(a) A littoral owner whose rights are determined or affected by this subchapter may bring suit for a declaratory judgment against the state to try ...
- Texas Natural Resources Code Section 61.020 - Prima Facie Evidence
In a suit brought or defended under this subchapter or whose determination is affected by this subchapter, a showing that the area in question is ...
- Texas Natural Resources Code Section 61.021 - Area Not Covered By Subchapter
(a) None of the provisions of this subchapter apply to beaches on islands or peninsulas that are not accessible by a public road or ferry ...
- Texas Natural Resources Code Section 61.0211 - State Or National Park Covered By Subchapter
This subchapter applies to any island or peninsula that is a state or national park or wildlife management area regardless of whether the island or ...
- Texas Natural Resources Code Section 61.022 - Government Agencies And Subdivisions
(a) The provisions of this subchapter do not prevent any of the following governmental entities from erecting or maintaining any groin, seawall, barrier, pass, channel, ...
- Texas Natural Resources Code Section 61.023 - Effect On Land Titles And Property Adjacent To And On Beaches
The provisions of this subchapter shall not be construed as affecting in any way the title of the owners of land adjacent to any state-owned ...
- Texas Natural Resources Code Section 61.024 - Effect Of Subchapter On Definition Of Public Beach
None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial ...
- Texas Natural Resources Code Section 61.025 - Disclosure To Purchaser Of Property
(a) A person who sells or conveys an interest, other than a mineral, leasehold, or security interest, in real property located seaward of the Gulf ...
- Texas Natural Resources Code Section 61.026 - Beach Access Public Awareness And Education
(a) The land office in conjunction with the Texas Department of Transportation shall design and produce a uniform bilingual beach access sign to be used ...
- Texas Natural Resources Code Section 61.061 - Purpose
It is the purpose of this subchapter to allocate responsibility for cleaning the beaches of this state and to preserve and protect local initiative in ...
- Texas Natural Resources Code Section 61.062 - Public Policy
It is the public policy of this state that the public, individually and collectively, shall have the free and unrestricted right of ingress and egress ...
- Texas Natural Resources Code Section 61.063 - Definitions
In this subchapter: (1) "Clean and maintain" means the collection and removal of litter and debris and the supervision and elimination of sanitary and safety ...
- Texas Natural Resources Code Section 61.064 - Application Of Subchapter
This subchapter applies to incorporated cities, towns, and villages that are located or border on the Gulf of Mexico and to all counties that are ...
- Texas Natural Resources Code Section 61.065 - Duty Of Cities
(a) It is the duty and responsibility of the governing body of any incorporated city, town, or village located or bordering on the Gulf of ...
- Texas Natural Resources Code Section 61.066 - Duty Of County
It is the duty and responsibility of the commissioners court of any county located or bordering on the Gulf of Mexico to clean and maintain ...
- Texas Natural Resources Code Section 61.067 - Duty Of State
(a) It is the duty and responsibility of the state to clean and maintain the condition of all public beaches located within state parks designated ...
- Texas Natural Resources Code Section 61.068 - Application Requirement
A city or county that seeks state funds under this subchapter to clean the public beaches must submit an application to the land office. Acts ...
- Texas Natural Resources Code Section 61.069 - Contents Of Application
To be approved, the application must provide: (1) for the administration or supervision of the public beaches of the city or county by a beach ...
- Texas Natural Resources Code Section 61.070 - Parking And Use Fees
Subsection (4), Section 61.069 of this code shall not be construed to prohibit the assessment of a reasonable fee for off-beach parking or for the ...
- Texas Natural Resources Code Section 61.071 - Compliance Before Approval
The land office shall not approve any application that fails to meet the conditions specified in Section 61.069 of this code. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 61.072 - State Funds
The land office shall pay to each city or county that has an application approved under Sections 61.068 through 61.070 of this code from appropriations ...
- Texas Natural Resources Code Section 61.073 - Conditions For Payments
No payments shall be made under this subchapter until the land office finds that: (1) there will be available in the budget of the city ...
- Texas Natural Resources Code Section 61.074 - Submission Of Proposed Expenditures
A city or county that seeks reimbursement under the provisions of this subchapter shall submit to the land office proposed expenditures for cleaning and maintaining ...
- Texas Natural Resources Code Section 61.075 - Fair Distribution Of Funds
The land office shall distribute the state share to the cities and counties in a fair and impartial manner and under procedures and accounting methods ...
- Texas Natural Resources Code Section 61.076 - Limitation On State Share
(a) No city or county may receive as its state share an amount that is greater than two-thirds of the amount the city or county ...
- Texas Natural Resources Code Section 61.077 - Funds For Administrative Purposes And Emergencies
(a) The land office may use for administrative purposes not more than 10 percent of the appropriated funds for any state fiscal year. (b) The ...
- Texas Natural Resources Code Section 61.078 - Authority To Spend County Funds
The commissioners court of any county located or bordering on the Gulf of Mexico may spend from any available fund the amount it considers necessary ...
- Texas Natural Resources Code Section 61.079 - Notice Of Ineligibility
After reasonable notice and opportunity for a hearing to a city or county that is receiving funds under the provisions of this subchapter, if the ...
- Texas Natural Resources Code Section 61.080 - Public Beaches In Ineligible City
(a) The governing body of any incorporated city located or bordering on the Gulf of Mexico that is not entitled to receive funds under this ...
- Texas Natural Resources Code Section 61.081 - Public Beaches In Ineligible County
(a) The commissioners court of a county that is not entitled to receive funds under this subchapter may contract with the commissioners court of any ...
- Texas Natural Resources Code Section 61.082 - Authority Of Local Governments
(a) The provisions of this subchapter shall not be construed to interfere with local initiative and responsibility in the cleaning, maintenance, and supervision of public ...
- Texas Natural Resources Code Section 61.083 - Exemptions From Subchapter
None of the provisions of this subchapter apply to any beach area that does not border on the Gulf of Mexico or to any island ...
- Texas Natural Resources Code Section 61.121 - Definition
In this subchapter, "beach" shall have the same definition as provided in Section 61.012 of this code. Acts 1977, 65th Leg., p. 2484, ch. 871, ...
- Texas Natural Resources Code Section 61.122 - County Regulatory Authority
(a) The commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, by order, may regulate motor vehicle traffic on ...
- Texas Natural Resources Code Section 61.123 - Notice Of Hearing
(a) Before the commissioners court adopts an order under Section 61.122 of this code, it must publish notice of the intention to adopt the order ...
- Texas Natural Resources Code Section 61.124 - Copies Of Order
The commissioners court shall make copies of the proposed order available to interested persons. Acts 1977, 65th Leg., p. 2484, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 61.125 - Public Hearing
(a) Not less than one month but more than two weeks after notice is published, the commissioners court shall conduct a hearing at the time ...
- Texas Natural Resources Code Section 61.126 - Traffic Regulations
If the order includes a traffic regulation, the order shall provide for signs that are designed and posted in compliance with the current provisions of ...
- Texas Natural Resources Code Section 61.127 - Criminal Penalties
In any order adopted under this subchapter, the commissioners court may adopt the following criminal penalties for violation of the order: (1) for a first ...
- Texas Natural Resources Code Section 61.128 - Order Prevails Over State Law
If an order adopted under this subchapter conflicts with the general law of the state, the order shall control over the state law, and in ...
- Texas Natural Resources Code Section 61.129 - Ordinance Prevails Over Order And State Law
(a) Except as provided in Section 61.022 of this code, this subchapter does not limit the power of an incorporated city, town, or village bordering ...
- Texas Natural Resources Code Section 61.130 - Rights Of The Public
The right of the public to use the public beaches defined in this subchapter is inviolate and is subject only to orders adopted by a ...
- Texas Natural Resources Code Section 61.131 - Effect Of Subchapter On Definition Of Public Beach
None of the provisions of this subchapter shall reduce, limit, construct, or vitiate the definition of public beaches which has been defined from time immemorial ...
- Texas Natural Resources Code Section 61.161 - Public Policy
It is the public policy of this state that the state-owned beaches bordering on the seaward shore of the Gulf of Mexico, and any larger ...
- Texas Natural Resources Code Section 61.162 - Findings
(a) The legislature finds that the operation and maintenance of business establishments at fixed or permanent locations on the public beaches of this state bordering ...
- Texas Natural Resources Code Section 61.163 - Definition
In this subchapter, "business establishment" means any structure or vehicle where any commodity including memberships in any private club or other similar organization is offered ...
- Texas Natural Resources Code Section 61.164 - Application
A person who desires to operate a mobile business establishment on a public beach located outside the municipal limits of an incorporated city shall submit ...
- Texas Natural Resources Code Section 61.165 - Contents Of Application
The application shall include: (1) the name and street address of the applicant; (2) the commodity to be sold or leased; and (3) the limits ...
- Texas Natural Resources Code Section 61.166 - Filing Fee
(a) The application shall be accompanied by a filing fee in an amount determined by the county. (b) The filing fee may be used by ...
- Texas Natural Resources Code Section 61.167 - Separate Applications
Any applicant who plans to operate more than one mobile business establishment must file a separate application accompanied by a separate filing fee for each ...
- Texas Natural Resources Code Section 61.168 - Granting License
(a) On finding that the issuance of a license is consistent with recreational needs and the public welfare, and that the mobile business establishment would ...
- Texas Natural Resources Code Section 61.169 - Applications Not To Be Granted
The county shall not grant an application: (1) for a business establishment located at a fixed or permanent location on a public beach; or (2) ...
- Texas Natural Resources Code Section 61.170 - License Prohibition Against Glass Containers
(a) Each license granted under this subchapter authorizing the sale of commodities on a public beach shall include a prohibition against the sale of any ...
- Texas Natural Resources Code Section 61.171 - Assignment
No license issued under this subchapter may be assigned. Acts 1977, 65th Leg., p. 2487, ch. 871, art. I, § 1, eff. Sept. 1, 1977. ...
- Texas Natural Resources Code Section 61.172 - Termination And Revocation Of License
(a) The failure or refusal of the licensee to comply with the terms and conditions of a license shall operate as an immediate termination and ...
- Texas Natural Resources Code Section 61.173 - Maximum Territorial Limits
(a) If territorial limitations are applied uniformly to all applicants seeking to operate mobile business establishments in the territory, the county may establish maximum territorial ...
- Texas Natural Resources Code Section 61.174 - Additional Standards
In addition to other standards provided in this subchapter, it is the intention of the legislature that the county exercise the authority delegated to it ...
- Texas Natural Resources Code Section 61.175 - Rules, Procedures, And Conditions
The county may establish additional rules, procedures, and conditions necessary or appropriate to carry out the purposes of this subchapter. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 61.176 - Areas Exempt From Subchapter
This subchapter does not apply to a public beach that is within the boundaries of a state park designated by the department or to a ...
- Texas Natural Resources Code Section 61.177 - Penalty
A person, who for himself or on behalf of or under the direction of another person, operates any business establishment, whether mobile or at a ...
- Texas Natural Resources Code Section 61.178 - Enforcement
At the request of a county, department game wardens will assist with enforcement of the provisions of this Act, or permits issued hereunder, along with ...
- Texas Natural Resources Code Section 61.211 - Findings
The legislature finds that the unregulated excavation, taking, removal, and carrying away of sand, marl, gravel, and shell from islands and peninsulas bordering on the ...
- Texas Natural Resources Code Section 61.212 - Exemptions From Subchapter
(a) The provisions of this subchapter do not apply: (1) to excavating, taking, removing, or carrying away sand, marl, gravel, or shell made for the ...
- Texas Natural Resources Code Section 61.213 - Application
Before a person excavates, takes, removes, or carries away sand, marl, gravel, or shell from land located on an exposed island or peninsula bordering on ...
- Texas Natural Resources Code Section 61.214 - Contents Of Application
The application shall include: (1) the name of the applicant; (2) the location and dimensions of the proposed excavation; (3) the property interest or contractual ...
- Texas Natural Resources Code Section 61.215 - Prerequisites To Issuance Of Permit
No permit may be issued by the commissioners court under this subchapter to excavate, take, remove, or carry away sand, marl, gravel, or shell from ...
- Texas Natural Resources Code Section 61.216 - Notice Of Applications Received
(a) The commissioners court shall give public notice of all applications received for permits to excavate, take, remove, or carry away sand, marl, gravel, or ...
- Texas Natural Resources Code Section 61.217 - Public Hearing
(a) The commissioners court shall hold a public hearing if the hearing is requested by any citizen within 10 days after notice is published under ...
- Texas Natural Resources Code Section 61.218 - Notice Of Public Hearing
Notice of the public hearing shall be published at least once a week for at least two weeks in a newspaper of general circulation in ...
- Texas Natural Resources Code Section 61.219 - Issuance Of Permit
(a) On a finding that the proposed excavating, taking, removing, or carrying away would not create hazardous conditions or imperil lives or property by exposing ...
- Texas Natural Resources Code Section 61.220 - Return Of Filing Fee
If the commissioners court refuses to issue the permit, the applicant may recover his filing fee from the county treasurer or other official exercising similar ...
- Texas Natural Resources Code Section 61.221 - Assignment Of Permits
No permit may be assigned without the approval of the commissioners court. Acts 1977, 65th Leg., p. 2490, ch. 871, art. I, § 1, eff. ...
- Texas Natural Resources Code Section 61.222 - Termination And Revocation Of Permit
Failure or refusal of the permittee to comply with the terms and conditions of the permit operates as an immediate termination and revocation of all ...
- Texas Natural Resources Code Section 61.223 - Suits For Orders And Injunctions
The attorney general, any county attorney, district attorney, or criminal district attorney of the state shall file in a district court in the county in ...
- Texas Natural Resources Code Section 61.224 - Penalty
A person who for himself or on behalf of or under the direction of another person excavates, takes, removes, or carries away sand, marl, gravel, ...
- Texas Natural Resources Code Section 61.225 - Sand, Marl, Gravel, Or Shell From Public Beaches Within Incorporated Cities, Towns, Or Villages
No incorporated city, town, or village having within its boundaries a public beach may authorize a person to excavate, take, remove, or carry away any ...
- Texas Natural Resources Code Section 61.226 - Application Of Subchapter To Certain Islands And Peninsulas
The provisions of this subchapter do not apply to any island or peninsula that is not accessible by a public road or common carrier ferry ...
- Texas Natural Resources Code Section 61.227 - Authority Of Parks And Wildlife Department
None of the provisions of this subchapter may be construed to repeal or modify the provisions of Chapter 86, Parks and Wildlife Code, which relate ...
- Texas Natural Resources Code Section 61.251 - Definition
In this subchapter, "mass gathering" means a gathering that attracts or is expected to attract more than 200 individuals who will remain at the location ...
- Texas Natural Resources Code Section 61.252 - Permit Requirements
(a) To protect the public health, safety, and welfare, the commissioners court of a county bordering on the Gulf of Mexico or its tidewater limits, ...
- Texas Natural Resources Code Section 61.253 - Injunction
The county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an order adopted under this subchapter. Added by Acts ...
- Texas Natural Resources Code Section 61.254 - Criminal Penalty
A person commits an offense if the person violates an order adopted under this chapter. An offense under this section is a Class B misdemeanor. ...
- Texas Natural Resources Code Section 62.001 - Applicability
(a) The provisions of this chapter apply to counties that are located or border on the Gulf of Mexico and have within their boundaries beaches ...
- Texas Natural Resources Code Section 62.002 - Definition
In this chapter, "board" means the Beach Park Board of Trustees. Acts 1977, 65th Leg., p. 2493, ch. 871, art. I, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 62.011 - Purpose And Authority
A county located or bordering on the Gulf of Mexico with a beach suitable for park purposes may create a board in the manner provided ...
- Texas Natural Resources Code Section 62.012 - Method Of Creating Board
A board may be created after a favorable majority vote of the qualified voters of the county voting at an election held on the proposition. ...
- Texas Natural Resources Code Section 62.013 - Election
(a) The election shall be called by the commissioners court. (b) Notice of the election shall be given in the manner provided by Chapter 1251, ...
- Texas Natural Resources Code Section 62.041 - Members Of Board
(a) The board is composed of seven members appointed by the commissioners court. (b) One board member shall be a member of the commissioners court. ...
- Texas Natural Resources Code Section 62.042 - Term Of Office
(a) With the exception of the trustees first appointed, a trustee serves for a term of two years from the date of appointment. (b) At ...
- Texas Natural Resources Code Section 62.043 - Oath And Bond
(a) A trustee shall qualify within 15 days after his appointment by taking the official oath and filing a good and sufficient bond with the ...
- Texas Natural Resources Code Section 62.044 - Compensation; Expenses
A trustee serves without compensation but shall be reimbursed for travel and other necessary expenses incurred in the performance of his official duties. Acts 1977, ...
- Texas Natural Resources Code Section 62.045 - Vacancy
A vacancy on the board shall be filled by appointment of the commissioners court. Acts 1977, 65th Leg., p. 2494, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 62.046 - Officers Of Board
(a) On the appointment of the first trustees, the commissioners court shall designate one of the trustees to serve as chairman of the board for ...
- Texas Natural Resources Code Section 62.047 - Park Manager
The board may employ and compensate a manager for any parks or facilities and may give him full authority in the management and operation of ...
- Texas Natural Resources Code Section 62.048 - Legal Services
(a) The board may call on the county attorney of the county for the legal services it requires. (b) In lieu of or in addition ...
- Texas Natural Resources Code Section 62.049 - Employees Of Board
(a) The board may employ temporary or permanent secretaries, stenographers, bookkeepers, accountants, technical experts, and other agents and employees it requires. (b) The board shall ...
- Texas Natural Resources Code Section 62.050 - Meetings
(a) The board shall hold regular meetings at times set by the board. (b) The board may hold special meetings at the times business or ...
- Texas Natural Resources Code Section 62.051 - Board Records
(a) The board shall keep a true and full record of all its meetings and proceedings and maintain the records of the board in a ...
- Texas Natural Resources Code Section 62.052 - Management Of Funds
The money belonging to or under control of the board shall be deposited and secured in the same manner prescribed by law for county funds. ...
- Texas Natural Resources Code Section 62.053 - Audit
Independent auditors selected by the board shall make an annual audit of all financial transactions and records of the board. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 62.054 - Court Actions
The board may sue and be sued in its own name. Acts 1977, 65th Leg., p. 2495, ch. 871, art. I, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 62.055 - Seal
The board shall adopt a seal which shall be placed on all leases, deeds, and other instruments usually executed under seal and on other instruments ...
- Texas Natural Resources Code Section 62.091 - Land Under Jurisdiction, Management, And Control
(a) The following land is under the jurisdiction of the board: (1) public beaches owned in fee by the county; and (2) land used as ...
- Texas Natural Resources Code Section 62.092 - Priority Of Jurisdiction
(a) The board has no jurisdiction over a public beach located inside the boundaries of the county that has been designated a national park, national ...
- Texas Natural Resources Code Section 62.093 - Park Authority
The board may manage, operate, maintain, equip, improve, and finance: (1) an existing public park placed under its jurisdiction by the commissioners court; or (2) ...
- Texas Natural Resources Code Section 62.094 - Fee Charged
The board may charge and collect a reasonable fee for access or entrance to or parking on the land under its jurisdiction, other than public ...
- Texas Natural Resources Code Section 62.095 - Use Of Funds
(a) The board may accept, receive, and spend gifts of money or other things of value from any person for the purpose of performing any ...
- Texas Natural Resources Code Section 62.096 - Contracts, Leases, And Other Agreements Relating To Land And Facilities
The board may enter into a contract, lease, or other agreement connected with, incident to, or affecting the financing, construction, equipping, maintenance, or operation of ...
- Texas Natural Resources Code Section 62.097 - Contracts, Leases, And Other Agreements Relating To Management, Operation, And Maintenance Of Land And Facilities
The board may enter into any contract, lease, or agreement with any person for a period of not more than 40 years relating to the ...
- Texas Natural Resources Code Section 62.098 - Contracts With Other Governmental Agencies
To accomplish any purpose authorized in this chapter, the board may enter into contracts with: (1) adjacent counties; (2) boards in adjacent counties; and (3) ...
- Texas Natural Resources Code Section 62.099 - Advertising
The board may publish brochures and otherwise advertise the county's recreational advantages for the purpose of attracting tourists, residents, and other users of the public ...
- Texas Natural Resources Code Section 62.100 - Rules
The board may adopt and enforce reasonable rules for the use of parks and facilities under the jurisdiction and control of the board by the ...
- Texas Natural Resources Code Section 62.101 - Legislative Intent
It is the intent of the legislature in enacting the provisions of this chapter that the rights established or recognized in Subchapters B and D ...
- Texas Natural Resources Code Section 62.131 - Authority To Issue Revenue Bonds
For the purpose of acquiring, developing, improving, and enlarging public recreational areas and facilities, the board may issue revenue bonds payable solely from: (1) the ...
- Texas Natural Resources Code Section 62.132 - Formal Requirements Of Bonds
(a) The bonds may be issued by resolution adopted by the board without the necessity of an election. (b) The bonds may be issued in ...
- Texas Natural Resources Code Section 62.133 - Sale Of Bonds
The board shall sell the bonds on the best terms obtainable. Acts 1977, 65th Leg., p. 2497, ch. 871, art. I, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 62.134 - Approval And Registration
The bonds shall not be delivered until a transcript of the proceedings authorizing their issuance has been submitted to the attorney general and approved as ...
- Texas Natural Resources Code Section 62.135 - Authorized Investments
The bonds issued under the provisions of this subchapter are legal and authorized investments for banks, saving banks, trust companies, building and loan associations, insurance ...
- Texas Natural Resources Code Section 62.136 - Security For Deposits
The bonds are eligible to secure the deposit of public funds of the state and public funds of cities, towns, villages, or other political corporations ...
- Texas Natural Resources Code Section 62.137 - Tax Bonds
(a) The board shall not issue bonds payable in whole or in part from ad valorem taxes. (b) The board may receive and spend the ...
- Texas Natural Resources Code Section 62.138 - Refunding Bonds
(a) The board may issue refunding bonds for the purpose of refunding one or more series or installments of outstanding original or refunding bonds of ...
- Texas Natural Resources Code Section 62.161 - Order Calling Election To Dissolve; Notice Of Election
(a) The commissioners court may order an election to dissolve a board. (b) The commissioners court shall give notice of the election. The notice must ...
- Texas Natural Resources Code Section 62.162 - Election To Dissolve
(a) An election to dissolve a board shall be held on the first authorized uniform election date prescribed by the Election Code that allows sufficient ...
- Texas Natural Resources Code Section 62.163 - Administration Of Property, Debts, And Assets After Dissolution
(a) After a vote to dissolve a board, the board shall continue to control and administer the property, debts, and assets of the board until: ...
- Texas Natural Resources Code Section 63.001 - Findings Of Fact
The legislature finds and declares: (1) that the mainland gulf shoreline, barrier islands, and peninsulas of this state contain a significant portion of the state's ...
- Texas Natural Resources Code Section 63.002 - Definitions
In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Barrier island" means an island bordering on the Gulf of Mexico ...
- Texas Natural Resources Code Section 63.003 - Effect Of Chapter
The provisions of this chapter do not apply to any dune area not accessible by public road or common carrier ferry facility for as long ...
- Texas Natural Resources Code Section 63.011 - Establishing Dune Protection Line
(a) After notice and hearing, the commissioners court of each county that has within its boundaries mainland shoreline, a barrier island, or a peninsula located ...
- Texas Natural Resources Code Section 63.012 - Location Of Dune Protection Line
The dune protection line shall not be located further landward than a line drawn parallel to and 1,000 feet landward of the line of mean ...
- Texas Natural Resources Code Section 63.013 - Notice
(a) Notice of a hearing to consider establishing the dune protection line shall be published at least three times in the newspaper with the largest ...
- Texas Natural Resources Code Section 63.014 - Map And Description Of Dune Protection Line
(a) The commissioners court or governing body of each municipality in establishing a dune protection line shall define the line by presenting it on a ...
- Texas Natural Resources Code Section 63.015 - Dune Protection Line Prohibited
No dune protection line may be established within a state or national park area, wildlife refuge, or other designated state or national natural area; provided, ...
- Texas Natural Resources Code Section 63.051 - Permit Requirement
An owner of land or a person holding an interest in land under the owner who desires to perform or allow any of the acts ...
- Texas Natural Resources Code Section 63.052 - Permit Not Required
No permit is required for the following activities: (1) grazing livestock; (2) production of oil and gas; and (3) recreational activity other than the operation ...
- Texas Natural Resources Code Section 63.053 - Fees
(a) The commissioners court or governing body of the municipality may require a reasonable fee to accompany the application. (b) Any commissioners court or governing ...
- Texas Natural Resources Code Section 63.054 - Review
(a) The commissioners court or governing body of the municipality shall evaluate the permit application, and if the commissioners court or governing body of the ...
- Texas Natural Resources Code Section 63.055 - Terms And Conditions Of Permit
The commissioners court or governing body of the municipality may include in a permit the terms and conditions it finds necessary to assure the protection ...
- Texas Natural Resources Code Section 63.056 - Notice To And Comments Of Commissioner On Permits
(a) After receiving an application for a permit to perform any of the acts prohibited in Section 63.091 of this code, the commissioners court or ...
- Texas Natural Resources Code Section 63.057 - Permit For Certain Activity Prohibited
(a) No permit may be issued that allows the operation of a recreational vehicle on a sand dune seaward of the dune protection line. (b) ...
- Texas Natural Resources Code Section 63.091 - Conduct Prohibited
Unless a permit is properly issued authorizing the conduct, no person may damage, destroy, or remove a sand dune or portion of a sand dune ...
- Texas Natural Resources Code Section 63.093 - Prohibited Operation Of Recreational Vehicles
No person may operate a recreational vehicle on a sand dune seaward of the dune protection line in any county in which a dune protection ...
- Texas Natural Resources Code Section 63.121 - Identification Of Critical Dune Areas
The commissioner, in his role as trustee of the public land of this state, shall identify the critical dune areas within 1,000 feet of mean ...
- Texas Natural Resources Code Section 63.122 - Notice To Counties
After the commissioner has identified the critical dune areas, notice of the critical dune areas and the rules for their protection shall be given to ...
- Texas Natural Resources Code Section 63.151 - Appeal By Littoral Owner
A littoral owner aggrieved by a decision of the commissioners court or governing body of the municipality under this chapter may appeal to a district ...
- Texas Natural Resources Code Section 63.152 - Appeal By Commissioner
The commissioner may appeal to a district court of that county any decision of the commissioners court or governing body of the municipality that the ...
- Texas Natural Resources Code Section 63.181 - Enforcement
(a) Any county attorney, district attorney, or criminal district attorney, or the attorney general at the request of the commissioner, shall file in a district ...
- Texas Natural Resources Code Section 71.001 - Definition
In this subchapter, "political subdivision" means any body corporate with a recognized and defined area. Acts 1977, 65th Leg., p. 2504, ch. 871, art. I, ...
- Texas Natural Resources Code Section 71.002 - Authority To Lease
A political subdivision may lease land owned by it for mineral development, including development of coal and lignite. Acts 1977, 65th Leg., p. 2504, ch. ...
- Texas Natural Resources Code Section 71.003 - Governing Body To Exercise Authority
The governing body of the political subdivision which is vested by law with management, control, and supervision of the political subdivision shall exercise the right ...
- Texas Natural Resources Code Section 71.004 - Notice And Hearing
Before a lease is made under this subchapter, notice must be given and a public hearing must be held for consideration of bids. Acts 1977, ...
- Texas Natural Resources Code Section 71.005 - Notice Of Intention To Lease Land
(a) After the governing body determines that it is advisable to lease land belonging to the political subdivision, it shall give notice of the intention ...
- Texas Natural Resources Code Section 71.006 - Receiving Bids And Awarding Lease
On the date specified in the notice, the governing body of the political subdivision shall receive and consider bids submitted for leasing all or part ...
- Texas Natural Resources Code Section 71.007 - Rejection Of Bids And Additional Bids
If the governing body believes that the bids submitted to it do not represent the fair value of the leases, the governing body may reject ...
- Texas Natural Resources Code Section 71.008 - Grant Of Lease
A lease made under this subchapter, including leases for coal and lignite, may be granted by public auction. Acts 1977, 65th Leg., p. 2505, ch. ...
- Texas Natural Resources Code Section 71.009 - Royalty
(a) In each lease other than a lease for coal and lignite executed under this subchapter, the lessor shall retain at least a one-eighth royalty. ...
- Texas Natural Resources Code Section 71.010 - Lease Term
(a) No primary term of a lease other than a lease for coal and lignite made under this subchapter may be for a period of ...
- Texas Natural Resources Code Section 71.051 - Definitions
In this subchapter: (1) "City or town" means a city or town organized or chartered under the general laws of the state or under a ...
- Texas Natural Resources Code Section 71.052 - Inserting Pooling Provisions In Leases
A city, town, or political subdivision may insert in an oil and gas lease or in an oil, gas, and mineral lease executed by it ...
- Texas Natural Resources Code Section 71.053 - Compliance With Governmental Agencies
With respect to land owned by the city or town or other land owned by the political subdivisions, the drilling or spacing units may not ...
- Texas Natural Resources Code Section 71.054 - Terms And Conditions Of Leases Of County School Land
Leases of county school land that are governed by Article VII, Section 6, of the Texas Constitution, may include authorization for the formation of drilling ...
- Texas Natural Resources Code Section 71.055 - Additional Terms Of Leases
A lease covered by this subchapter may provide: (1) that the entire acreage pooled into a unit shall be treated for all purposes except the ...
- Texas Natural Resources Code Section 71.056 - Amending Lease
On application of the lessee or present owner of any oil and gas lease or any oil, gas, and mineral lease validly executed before June ...
- Texas Natural Resources Code Section 71.057 - Authority To Commit Royalty Interests
(a) A city, town, or political subdivision without notice may commit, to any agreement that provides for the operation of areas as a unit for ...
- Texas Natural Resources Code Section 81.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Commissioner" means any member of the Railroad Commission of Texas. Acts 1977, 65th ...
- Texas Natural Resources Code Section 81.011 - Chief Supervisor
(a) The commission shall employ a chief supervisor of its oil and gas division to assist the commission in enforcing the laws relating to the ...
- Texas Natural Resources Code Section 81.012 - Qualifications Of Chief Supervisor
In addition to other qualifications that may be required by the commission, a person appointed chief supervisor must have had at least five years' experience ...
- Texas Natural Resources Code Section 81.013 - Deputy Supervisors, Assistants, And Clerical Personnel
The commission may appoint a chief deputy supervisor, deputy supervisors, assistants, and clerical personnel necessary to execute the laws relating to oil and gas. Acts ...
- Texas Natural Resources Code Section 81.014 - Qualifications Of Chief Deputy Supervisor
A person appointed chief deputy supervisor must have had at least three years' experience in oil and gas field work. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 81.015 - Qualifications Of Deputy Supervisors
Any person appointed deputy supervisor must have had at least two years' experience in oil and gas field work, including substantial experience in drilling or ...
- Texas Natural Resources Code Section 81.016 - Salaries
The salary of the chief supervisor, the chief deputy supervisor, and the deputy supervisors shall be the same as that provided in the General Appropriations ...
- Texas Natural Resources Code Section 81.017 - Additional Employees
The commission may employ gaugers, inspectors, investigators, supervisors, and clerical employees. These employees shall include a chief engineer, chief petroleum engineer, and an administrative chief, ...
- Texas Natural Resources Code Section 81.018 - Payment Of Salaries And Other Expenses
(a) Salaries and other expenses necessary in the administration and enforcement of the oil and gas laws shall be paid by warrants drawn by the ...
- Texas Natural Resources Code Section 81.019 - Duties Of Chief Supervisor, Chief Deputy Supervisor, Deputy Supervisors, And Other Employees
The chief supervisor, chief deputy supervisor, deputy supervisors, and other employees shall perform the duties prescribed by the commission in conformity with rules of the ...
- Texas Natural Resources Code Section 81.020 - Additional Duties Of Chief Supervisor And His Deputies
(a) The chief supervisor and his deputies shall supervise the plugging of all abandoned wells and the shooting of wells and shall follow the rules ...
- Texas Natural Resources Code Section 81.051 - Jurisdiction Of Commission
(a) The commission has jurisdiction over all: (1) common carrier pipelines defined in Section 111.002 of this code in Texas; (2) oil and gas wells ...
- Texas Natural Resources Code Section 81.052 - Rules
The commission may adopt all necessary rules for governing and regulating persons and their operations under the jurisdiction of the commission as set forth in ...
- Texas Natural Resources Code Section 81.0521 - Fee For Application For Exception To Railroad Commission Rule
(a) With each application for an exception to any commission rule contained in Chapter 3 of Part I of Title 16 of the Texas Administrative ...
- Texas Natural Resources Code Section 81.0522 - Natural Gas Policy Act Application Fee
(a) With each Natural Gas Policy Act (15 U.S.C. Sections 3301-3432) application, the applicant shall submit to the commission a fee. The commission shall set ...
- Texas Natural Resources Code Section 81.053 - Commission Powers
In the discharge of its duties and the enforcement of its jurisdiction under this title, the commission shall: (1) institute suits; (2) hear and determine ...
- Texas Natural Resources Code Section 81.0531 - Administrative Penalty
(a) If a person violates provisions of this title which pertain to safety or the prevention or control of pollution or the provisions of a ...
- Texas Natural Resources Code Section 81.0532 - Penalty Assessment Procedure
(a) A civil penalty may be assessed only after the person charged with a violation described under Section 81.0531 of this code has been given ...
- Texas Natural Resources Code Section 81.0533 - Payment Of Penalty; Refund
(a) On the issuance of an order finding that a violation has occurred, the commission shall inform the person charged within 30 days of the ...
- Texas Natural Resources Code Section 81.0534 - Recovery Of Penalty
Civil penalties owed under Sections 81.0531-81.0533 of this code may be recovered in a civil action brought by the attorney general at the request of ...
- Texas Natural Resources Code Section 81.054 - Enforcement By Attorney General
(a) The attorney general shall enforce the provision of this title by injunction or other adequate remedy and as otherwise provided by law. (b) If ...
- Texas Natural Resources Code Section 81.055 - Pipeline System Financial Responsibility Requirements
(a) Not later than March 1, 2002, the legislature may: (1) study the desirability of requiring an owner, operator, or manager of a pipeline system ...
- Texas Natural Resources Code Section 81.056 - Contamination Report
(a) In this section: (1) "Common carrier" has the meaning assigned by Section 111.002. (2) "Owner of the land" or "landowner" means the first person ...
- Texas Natural Resources Code Section 81.057 - Exemption From Certain Purchasing Rules
The commission is not required to follow any purchasing procedures prescribed by or under the following laws when the commission makes a purchase in connection ...
- Texas Natural Resources Code Section 81.091 - Incriminating Testimony
If a witness fails or refuses to appear on being summoned, to answer any question he is asked, or to produce any record or data ...
- Texas Natural Resources Code Section 81.092 - Fee For Executing Process
The sheriff or constable executing process shall receive the compensation authorized by the commission. Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 81.111 - Tax Levy
(a) A tax is levied on crude petroleum produced in this state in the amount of three-sixteenths of one cent on each barrel of 42 ...
- Texas Natural Resources Code Section 81.112 - Disposition Of Tax Proceeds
The tax shall be deposited in the General Revenue Fund. Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, ...
- Texas Natural Resources Code Section 81.113 - Use Of Tax Proceeds
Proceeds from the tax shall be used for the administration of the state's oil and gas conservation laws. Acts 1977, 65th Leg., p. 2511, ch. ...
- Texas Natural Resources Code Section 81.114 - Production Reports
Producers of crude petroleum shall make reports of production in the same manner and under the same penalties as provided for the occupation tax on ...
- Texas Natural Resources Code Section 81.115 - Payments To Oil And Gas Division
Money appropriated to the oil and gas division of the commission under the General Appropriations Act shall be paid from the General Revenue Fund. Acts ...
- Texas Natural Resources Code Section 81.116 - Oil-Field Cleanup Regulatory Fee On Oil
(a) An oil-field cleanup regulatory fee is imposed on crude petroleum produced in this state in the amount of five-eighths of one cent on each ...
- Texas Natural Resources Code Section 81.117 - Oil-Field Cleanup Regulatory Fee On Gas
(a) An oil-field cleanup regulatory fee is imposed on gas initially produced and saved in this state in the amount of one-fifteenth of one cent ...
- Texas Natural Resources Code Section 81.151 - Penalty For Campaigning
A person who receives a salary from funds provided under this title and who uses his time or a state-owned automobile for campaign purposes or ...
- Texas Natural Resources Code Section 81.152 - Discharge And Ineligibility
A person found guilty under Section 81.151 of this code shall be discharged immediately from his position and shall be ineligible for employment by the ...
- Texas Natural Resources Code Section 81.153 - Setting Civil Complaint For Hearing
If a citizen of this state files a civil complaint with a district court in Travis County charging an employee with use of his time ...
- Texas Natural Resources Code Section 81.154 - Notice To Employee
The court shall have notice of the hearing served on the employee against whom the complaint was filed at least five days before the date ...
- Texas Natural Resources Code Section 81.155 - Court's Order
At the hearing, if the court determines that the employee has used his time or a state-owned automobile as charged in the complaint, the court ...
- Texas Natural Resources Code Section 81.156 - Appeal
Any person against whom charges have been filed is entitled to appeal to the court of appeals, but the pendency of the appeal does not ...
- Texas Natural Resources Code Section 85.001 - Definitions
(a) In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Pool," "common pool," "field," or "common source of supply" means a common ...
- Texas Natural Resources Code Section 85.002 - Antitrust And Monopoly Statutes
(a) The provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as amended, ...
- Texas Natural Resources Code Section 85.011 - Supervisors, Deputy Supervisors, And Umpires
The commission shall employ all supervisors, deputy supervisors, and umpires necessary to carry out the provisions of this chapter and other related laws and rules ...
- Texas Natural Resources Code Section 85.012 - Assistants And Clerical Help
The commission shall employ other assistants and clerical help necessary to carry out the provisions of this chapter and other related laws and rules and ...
- Texas Natural Resources Code Section 85.013 - Persons Enforcing Rules And Orders
A person entrusted with the enforcement of the rules and orders of the commission shall be a regular employee of the state and paid by ...
- Texas Natural Resources Code Section 85.041 - Acts Prohibited In Violation Of Laws, Rules, And Orders
(a) The purchase, acquisition, or sale, or the transporting, refining, processing, or handling in any other way, of oil or gas, produced in whole or ...
- Texas Natural Resources Code Section 85.042 - Rules And Orders
(a) The commission may promulgate and enforce rules and orders necessary to carry into effect the provisions of Section 85.041 of this code and to ...
- Texas Natural Resources Code Section 85.043 - Application Of Certain Rules And Orders
If the commission requires a showing that refined products were manufactured from oil legally produced, the requirement shall be of uniform application throughout the state; ...
- Texas Natural Resources Code Section 85.044 - Exempt Purchases
The provisions of Sections 85.041 through 85.043 of this code do not apply to the purchase of products of oil if made by the ultimate ...
- Texas Natural Resources Code Section 85.045 - Waste Illegal And Prohibited
The production, storage, or transportation of oil or gas in a manner, in an amount, or under conditions that constitute waste is unlawful and is ...
- Texas Natural Resources Code Section 85.046 - Waste
(a) The term "waste," among other things, specifically includes: (1) operation of any oil well or wells with an inefficient gas-oil ratio and the commission ...
- Texas Natural Resources Code Section 85.047 - Exclusion From Definition Of Waste
The use of gas produced from an oil well within the permitted gas-oil ratio for manufacture of natural gasoline shall not be included in the ...
- Texas Natural Resources Code Section 85.048 - Authority To Limit Production
(a) Under the provisions of Subsection (10), Section 85.046 of this code, the commission shall not restrict the production of oil from any new field ...
- Texas Natural Resources Code Section 85.049 - Hearing
(a) On verified complaint of any person interested in the subject matter that waste of oil or gas is taking place in this state or ...
- Texas Natural Resources Code Section 85.050 - Procedure At Hearing
(a) At the hearing, interested parties shall be entitled to be heard and to introduce evidence and require the attendance of witnesses. (b) The production ...
- Texas Natural Resources Code Section 85.051 - Adoption Of Rule Or Order
If the commission finds at the hearing that waste is taking place or is reasonably imminent, it shall adopt a rule or order in the ...
- Texas Natural Resources Code Section 85.052 - Compliance With Rule Or Order
From and after the promulgation of a rule or order of the commission, it is the duty of each person affected by the rule or ...
- Texas Natural Resources Code Section 85.053 - Distribution, Proration, And Apportionment Of Allowable Production
(a) If a rule or order of the commission limits or fixes in a pool or portion of a pool the production of oil, or ...
- Texas Natural Resources Code Section 85.054 - Allowable Production Of Oil
(a) To prevent unreasonable discrimination in favor of one pool as against another, and on written complaint and proof of such discrimination or if the ...
- Texas Natural Resources Code Section 85.055 - Allowable Production Of Gas
(a) If, on written complaint by an affected party or on its own initiative and after notice and an opportunity for a hearing, the commission ...
- Texas Natural Resources Code Section 85.056 - Public Interest
In the administration of the provisions of this chapter that were formerly a part of Chapter 2, Acts of the 42nd Legislature, 4th Called Session, ...
- Texas Natural Resources Code Section 85.057 - Restriction On Unexplored Territory
The provisions of this chapter that were formerly a part of Chapter 2, Acts of the 42nd Legislature, 4th Called Session, 1932, as amended, shall ...
- Texas Natural Resources Code Section 85.058 - Commission Inquiry And Determination
From time to time, the commission may inquire into the production, storage, transportation, refining, reclaiming, treating, marketing, and processing of oil and gas, and the ...
- Texas Natural Resources Code Section 85.059 - Records
Each person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either shall keep in this state ...
- Texas Natural Resources Code Section 85.060 - Sworn Statements And Reports
The commission may require a person who produces, stores, transports, refines, reclaims, treats, markets, or processes oil or gas or the products of either to ...
- Texas Natural Resources Code Section 85.061 - Inspection And Gauging
The commission may require any well, lease, refinery, plant, tank or storage, pipeline, or gathering line that belongs to or is under the control of ...
- Texas Natural Resources Code Section 85.062 - Examination Of Books And Records
The commission and its agents and the attorney general and his assistants and representatives may examine the books and records of a person who produces, ...
- Texas Natural Resources Code Section 85.063 - Violations By Corporations
(a) The failure of a corporation chartered under the laws of this state to comply with the provisions of Sections 85.059 through 85.062 of this ...
- Texas Natural Resources Code Section 85.064 - Action Against Corporation
(a) If he determines that the public interest requires it, the attorney general shall institute suit or other appropriate action in Travis County for forfeiture ...
- Texas Natural Resources Code Section 85.121 - Definitions
(a) In this subchapter, "marginal well" means an oil well that is incapable of producing its maximum capacity of oil except by pumping, gas lift, ...
- Texas Natural Resources Code Section 85.122 - Wells Considered As Marginal Wells
Wells that are considered marginal wells include any oil well in this state that is incapable of producing its maximum daily capacity of oil except ...
- Texas Natural Resources Code Section 85.123 - Curtailment Of Marginal Well Production As Waste
To artificially curtail the production of a marginal well below the marginal limit as set out in Sections 85.121 through 85.122 of this code before ...
- Texas Natural Resources Code Section 85.124 - Rules And Orders Restricting Marginal Wells
No rule or order of the commission or of any other constituted legal authority shall be adopted requiring the restriction of the production of a ...
- Texas Natural Resources Code Section 85.125 - Effect Of Other Subchapters
None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as ...
- Texas Natural Resources Code Section 85.161 - Well Owners And Operators Certificates
The owner or operator of any well subject to the jurisdiction of the commission shall secure from the commission a certificate showing compliance with the ...
- Texas Natural Resources Code Section 85.162 - Prohibited Connection
No operator of a pipeline or other carrier shall connect with any oil or gas well until the owner or operator of the well furnishes ...
- Texas Natural Resources Code Section 85.163 - Temporary Connection
The provisions of this subchapter do not prevent a temporary connection with a well in order to take care of production and prevent waste until ...
- Texas Natural Resources Code Section 85.164 - Cancellation Of Certificate
The commission may cancel any certificate of compliance issued under the provisions of this subchapter if it appears that the owner or operator of a ...
- Texas Natural Resources Code Section 85.165 - Effect Of Cancellation On Operator Of Pipeline Or Other Carrier
(a) On notice from the commission to the operator of a pipeline or other carrier connected to an oil or gas well that the certificate ...
- Texas Natural Resources Code Section 85.166 - Effect Of Cancellation On Owner Or Operator Of Well
On notice from the commission that a certificate of compliance for an oil or gas well has been cancelled, it shall be unlawful for the ...
- Texas Natural Resources Code Section 85.167 - Fee For Reissued Certificate
(a) If a certificate of compliance for an oil lease or gas well has been canceled for violation of one or more commission rules, the ...
- Texas Natural Resources Code Section 85.201 - Adoption Of Rules And Orders
The commission shall make and enforce rules and orders for the conservation of oil and gas and prevention of waste of oil and gas. Acts ...
- Texas Natural Resources Code Section 85.202 - Purposes Of Rules And Orders
(a) The rules and orders of the commission shall include rules and orders: (1) to prevent waste, as defined in Section 85.046 of this code, ...
- Texas Natural Resources Code Section 85.2021 - Drilling Permit Fee
(a) With each application or materially amended application for a permit to drill, deepen, plug back, or reenter a well, the applicant shall submit to ...
- Texas Natural Resources Code Section 85.203 - Considerations In Adopting Rules And Orders To Prevent Waste
The commission may consider any or all of the definitions of waste stated in Section 85.046 of this code, whenever the facts, circumstances, or conditions ...
- Texas Natural Resources Code Section 85.204 - Prohibited Rules And Orders
The commission is not authorized to adopt a rule or order or to make a determination or holding that any mode, manner, or process of ...
- Texas Natural Resources Code Section 85.205 - Notice And Hearing
No rule or order pertaining to the conservation of oil and gas or to the prevention of waste of oil and gas may be adopted ...
- Texas Natural Resources Code Section 85.206 - Emergency Order
(a) If the commission finds an emergency to exist, that in the commission's judgment requires the adoption of an order without giving notice or holding ...
- Texas Natural Resources Code Section 85.207 - Effect Of Amendment, Repeal, Or Expiration Of A Rule Or Order
The amendment, repeal, or expiration of a rule or order of the commission adopted under the provisions of this chapter that were formerly a part ...
- Texas Natural Resources Code Section 85.241 - Suits By Interested Persons
Any interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the ...
- Texas Natural Resources Code Section 85.242 - Expeditious Trial
A suit brought under Section 85.241 of this code shall be advanced for trial and shall be determined as expeditiously as possible. No postponement or ...
- Texas Natural Resources Code Section 85.243 - Burden Of Proof
In the trial of a suit brought under Section 85.241 of this code, the burden of proof shall be on the party complaining of the ...
- Texas Natural Resources Code Section 85.244 - Conditions For Injunctive Relief
No temporary restraining order, temporary or permanent injunction, or other form of injunctive relief may be granted against the commission, its members, agents, and representatives ...
- Texas Natural Resources Code Section 85.245 - Notice To Commission
(a) At the time a petition or application is filed requesting a temporary restraining order or any form of temporary injunctive relief, the clerk of ...
- Texas Natural Resources Code Section 85.246 - Intervention In Suit
In the discretion of the court, any person who is interested in the subject matter of the suit may intervene. Acts 1977, 65th Leg., p. ...
- Texas Natural Resources Code Section 85.247 - Rules And Orders Prima Facie Valid
The rule or order complained of in the suit is prima facie valid, and the use and introduction of the verified petition of the plaintiff ...
- Texas Natural Resources Code Section 85.248 - Bond
Before an order granting injunctive relief against an oil and gas conservation law, rule, or order of the commission becomes effective, the plaintiff shall be ...
- Texas Natural Resources Code Section 85.249 - Conditions Of Bond
(a) In determining the amount of the bond, the judge shall consider all facts and circumstances surrounding the parties and the ability of the plaintiff ...
- Texas Natural Resources Code Section 85.250 - Changing Amount, Parties, And Sureties
On a motion and for good cause shown, and after notice to the parties, the court periodically may: (1) increase or decrease the amount of ...
- Texas Natural Resources Code Section 85.251 - Suits On Bonds
A suit on a bond must be instituted within six months from the date of the final determination of the validity in whole or in ...
- Texas Natural Resources Code Section 85.252 - Inadmissible Evidence
A finding by the court that any party is likely to suffer damage is not admissible as evidence of damages in a suit on the ...
- Texas Natural Resources Code Section 85.253 - Appeal
After notice and hearing on an application for injunctive relief, either party to the suit is entitled to appeal the judgment or order granting or ...
- Texas Natural Resources Code Section 85.254 - Appeal Has Precedence
The appeal is returnable at once to the appellate court and the action appealed shall have precedence in the appellate court over all cases, proceedings, ...
- Texas Natural Resources Code Section 85.255 - Early Decision By Court Of Appeals
The court of appeals shall decide the question in the appeal at as early a date as possible. Acts 1977, 65th Leg., p. 2526, ch. ...
- Texas Natural Resources Code Section 85.256 - Appeal Procedures
The provisions and requirements of Article 4662, Revised Civil Statutes of Texas, 1925, as amended, and Rule 385 of the Texas Rules of Civil Procedure, ...
- Texas Natural Resources Code Section 85.257 - Certified Questions And Writs Of Error
(a) If a question is certified or writ of error requested or granted to the supreme court, the supreme court shall set the cause for ...
- Texas Natural Resources Code Section 85.258 - Authority Of Court Of Appeals To Issue Writs
The court of appeals and its judges have the jurisdiction to issue writs of prohibition, mandamus, and injunction to prevent the enforcement of any order ...
- Texas Natural Resources Code Section 85.259 - Issuance Of Writs By Court Of Appeals
If it appears that the provisions of Sections 85.244 and 85.245 of this code have not been complied with, then on proper application from the ...
- Texas Natural Resources Code Section 85.291 - Request For Receiver
If a rule or order of the commission has been finally adjudicated to be valid in whole or part in a suit to which the ...
- Texas Natural Resources Code Section 85.292 - Appointment Of Receiver And Bond
After an application is submitted as provided in Section 85.291 of this code, the judge of the trial court, after notice and hearing, may appoint ...
- Texas Natural Resources Code Section 85.293 - Duties Of Receiver
As soon as the receiver is qualified, he shall take possession of the property and shall perform his duties as receiver of the property under ...
- Texas Natural Resources Code Section 85.294 - Dissolution Of Receivership
A party whose property is placed in receivership may move to dissolve the receivership and to discharge the receiver on the terms the court may ...
- Texas Natural Resources Code Section 85.321 - Suit For Damages
A party who owns an interest in property or production that may be damaged by another party violating the provisions of this chapter that were ...
- Texas Natural Resources Code Section 85.322 - Proceedings Not To Impair Suit For Damages
None of the provisions of this chapter that were formerly a part of Chapter 26, Acts of the 42nd Legislature, 1st Called Session, 1931, as ...
- Texas Natural Resources Code Section 85.351 - Suit For Injunction
(a) If it appears that a person is violating or threatening to violate the provisions of this chapter that were formerly a part of Chapter ...
- Texas Natural Resources Code Section 85.352 - Types Of Court Orders
In the suit, the commission in the name of the state may obtain prohibitory and mandatory injunctions, including temporary restraining orders and temporary injunctions, that ...
- Texas Natural Resources Code Section 85.353 - Appointment Of Receiver
(a) The violation by a person of any injunction granted under the provisions of this subchapter shall be sufficient grounds for appointment by the court ...
- Texas Natural Resources Code Section 85.381 - Penalty For Violation Of Laws, Rules, And Orders
(a) In addition to being subject to any forfeiture provided by law and to any penalty imposed by the commission for contempt for violation of ...
- Texas Natural Resources Code Section 85.382 - Venue
The penalty provided in Section 85.381 of this code shall be recovered in a court of competent jurisdiction in Travis County, in the county in ...
- Texas Natural Resources Code Section 85.383 - Suit
By direction of the commission, the suit to recover the penalty shall be instituted and conducted in the name of the state by the attorney ...
- Texas Natural Resources Code Section 85.384 - Effect Of Recovery Or Payment Of Penalty
The recovery or payment of the penalty shall not authorize the violation of any provision of Section 85.045 or 85.046 of this code, Title 102, ...
- Texas Natural Resources Code Section 85.385 - Persons Aiding Or Abetting Violation
Any person who aids or abets any other person in violating Section 85.045 or 85.046 of this code, Title 102, Revised Civil Statutes of Texas, ...
- Texas Natural Resources Code Section 85.3855 - Administrative Penalty
(a) The commission may impose an administrative penalty on a person who: (1) violates Section 85.165 or 85.166 or a rule or order adopted under ...
- Texas Natural Resources Code Section 85.386 - Forging Names On Permits And Tenders
A person shall be imprisoned in the penitentiary for not less than two nor more than five years if he: (1) forges the name of ...
- Texas Natural Resources Code Section 85.387 - Procuring Tenders And Permits
A person shall be imprisoned in the penitentiary for not less than two nor more than five years if he: (1) knowingly procures or causes ...
- Texas Natural Resources Code Section 85.388 - Possessing A Forged Permit Or Tender
Any person who knowingly has in his possession a forged tender or permit of the commission relating to oil or gas or any product or ...
- Texas Natural Resources Code Section 85.389 - Criminal Penalty
(a) A person who is not the owner or operator of an oil well, gas well, or oil and gas well, a purchaser under contract ...
- Texas Natural Resources Code Section 86.001 - Declaration Of Policy
In recognition of past, present, and imminent evils occurring in the production and use of gas as a result of waste in this production and ...
- Texas Natural Resources Code Section 86.002 - Definitions
In this chapter: (1) "Oil" means crude petroleum oil. (2) "Gas" means natural gas. (3) "Commission" means the Railroad Commission of Texas. (4) "Common reservoir" ...
- Texas Natural Resources Code Section 86.003 - Determination Of Separate Wells
If oil or gas, or both, is produced through different strings of casing set in the same well bore, the inner string through which oil ...
- Texas Natural Resources Code Section 86.004 - Applicability
The provisions in this chapter do not impair the authority of the commission to prevent waste under the oil and gas conservation laws of this ...
- Texas Natural Resources Code Section 86.011 - Prohibition Against Waste
The production, transportation, or use of gas in a manner, in an amount, or under conditions which constitute waste is unlawful and is prohibited. Acts ...
- Texas Natural Resources Code Section 86.012 - Definition Of Waste
(a) The term "waste" includes: (1) the operation of an oil well or wells with an inefficient gas-oil ratio; (2) the drowning with water of ...
- Texas Natural Resources Code Section 86.041 - In General
The commission has broad discretion in administering the provisions of this chapter and may adopt any rule or order in the manner provided by law ...
- Texas Natural Resources Code Section 86.042 - Rules And Orders
The commission shall adopt and enforce rules and orders to: (1) conserve and prevent the waste of gas; (2) prevent the waste of gas in ...
- Texas Natural Resources Code Section 86.043 - Determining Gas-Oil Ratio
The commission may fix and determine the gas-oil ratio of all oil wells in the state but none of the provisions of this chapter may ...
- Texas Natural Resources Code Section 86.081 - Regulation Of Production
(a) For the protection of public and private interests, the commission, on written complaint by an affected party or on its own initiative and after ...
- Texas Natural Resources Code Section 86.082 - Exercise Of Authority To Prevent Waste
The commission shall exercise its authority to prevent waste when the presence or imminence of waste is supported by a finding based on the evidence ...
- Texas Natural Resources Code Section 86.083 - Exercise Of Authority To Adjust Correlative Rights And Opportunities
The commission shall exercise its authority to adjust correlative rights and opportunities of each owner of gas in a common reservoir to produce and use ...
- Texas Natural Resources Code Section 86.084 - Determination Of Status Of Production
(a) The commission, on written complaint by an affected party or on its own initiative, may determine the status of gas production from any reservoir ...
- Texas Natural Resources Code Section 86.085 - Determination Of Demand And Volume
On or before the last day of each month, the commission or a person authorized by the commission shall determine: (1) the lawful market demand ...
- Texas Natural Resources Code Section 86.086 - Monthly Reservoir Allowable
After determining demand for and volume of production from a prorated reservoir as provided in Section 86.085, the commission shall fix the monthly reservoir allowable ...
- Texas Natural Resources Code Section 86.087 - Monthly Well Allowable
The monthly reservoir allowable shall be allocated among all wells entitled to produce gas from a prorated reservoir to give each well its fair share ...
- Texas Natural Resources Code Section 86.088 - Daily Allowable
The daily market demand for gas and the daily allowable shall be determined by dividing the monthly demand and the monthly allowable by the number ...
- Texas Natural Resources Code Section 86.089 - Factors In Determining Allowable
(a) In determining the daily allowable production for each gas well in a prorated reservoir, the commission shall take into account: (1) the size of ...
- Texas Natural Resources Code Section 86.090 - Authorizing Overproduction And Underproduction
(a) In order to adjust the correlative rights and opportunities of each owner to produce, use, and sell gas from a common reservoir from which ...
- Texas Natural Resources Code Section 86.091 - Marginal Gas Well And Limits On Well Restrictions
A "marginal gas well," as applied to a well classified by the commission as a gas well, means a well that is incapable of producing ...
- Texas Natural Resources Code Section 86.093 - Effect Of Oil And Gas Stratum On Gas Only Stratum
If gas is produced from one stratum and oil and gas are produced from another stratum in the same well bore, the commission shall take ...
- Texas Natural Resources Code Section 86.094 - Authority To Increase Take Above Allowable
If unforeseen contingencies increase the demand for gas required by a distributor, transporter, or purchaser to an amount in excess of the total allowable production ...
- Texas Natural Resources Code Section 86.095 - Zoning Common Reservoirs
(a) The commission shall zone a common reservoir if, on consideration of the evidence introduced at a hearing, it finds that either the prevention of ...
- Texas Natural Resources Code Section 86.096 - Failure To Use Or Sell Allowable Production
If the commission finds that the owner of a gas well failed or refused to use or sell the allowable production from his well when ...
- Texas Natural Resources Code Section 86.097 - Production Of Gas From Oil Well
No person in possession of or operating an oil well may produce from the oil well gas found in a horizon productive of gas only. ...
- Texas Natural Resources Code Section 86.141 - Duty To Test Gas Wells
The commission may require persons producing gas from any gas well to determine periodically through an appropriate test the deliverability and wellhead pressure of each ...
- Texas Natural Resources Code Section 86.142 - Test Requirements
A test to determine the deliverability and pressure of a gas well shall be made: (1) under uniform and generally recognized methods; and (2) under ...
- Texas Natural Resources Code Section 86.143 - Test Reports
(a) Verified reports of the tests to determine deliverability and pressure shall be filed with the commission within a time period after the end of ...
- Texas Natural Resources Code Section 86.144 - Demanding Second Test
A person producing gas from the same common reservoir who is dissatisfied with the test as made and reported may demand that a second test ...
- Texas Natural Resources Code Section 86.145 - Duty To Test Meter
The commission shall require one of its duly authorized agents to inspect, read, or test any meter or meters through which gas is being measured ...
- Texas Natural Resources Code Section 86.181 - Use Of Sweet Gas Produced From Gas Well
No sweet gas produced from a gas well may be used for any purpose except: (1) light or fuel; (2) efficient chemical manufacture, other than ...
- Texas Natural Resources Code Section 86.182 - Use Of Sour Gas
In addition to the purposes for which sweet gas produced from a gas well may be used, sour gas may be used for efficient chemical ...
- Texas Natural Resources Code Section 86.183 - Use Of Casinghead Gas
Casinghead gas may be used for any beneficial purpose, which includes the manufacture of natural gasoline. Acts 1977, 65th Leg., p. 2539, ch. 871, art. ...
- Texas Natural Resources Code Section 86.184 - Use As Gas Lift
(a) A producer of either sweet or sour gas or casinghead gas may use the gas as gas lift in the bona fide production of ...
- Texas Natural Resources Code Section 86.185 - Prohibition Against Gas In Air
No gas from a gas well may be permitted to escape into the air after the expiration of 10 days from the time the gas ...
- Texas Natural Resources Code Section 86.221 - Unauthorized Production Prohibited
No person may produce gas from a gas well in violation of the valid orders of the commission. Acts 1977, 65th Leg., p. 2539, ch. ...
- Texas Natural Resources Code Section 86.222 - Penalties
(a) Any person who violates a provision of this chapter or a rule or order adopted under this chapter is liable for a penalty of ...
- Texas Natural Resources Code Section 86.223 - Suit For Penalty
The penalty may be recovered with the cost of suit by the State of Texas through the attorney general or the county or district attorney ...
- Texas Natural Resources Code Section 86.224 - Suit For Injunction
A violation or threatened violation of this chapter may be enjoined by any court of competent jurisdiction in which the suit for penalty may be ...
- Texas Natural Resources Code Section 86.225 - Judicial Review
Any person affected by an order of the commission adopted under the authority of this chapter is entitled to judicial review of that order in ...
- Texas Natural Resources Code Section 87.001 - Definitions
In this chapter, the words "oil," "gas," "commission," "common reservoir," "gas well," "oil well," "sour gas," "sweet gas," "natural gasoline," "cubic foot of gas," and ...
- Texas Natural Resources Code Section 87.011 - Rules And Orders
(a) In administering the provisions of this chapter, the commission shall hold hearings, make determinations, and promulgate rules and orders as provided in Sections 86.084-86.090 ...
- Texas Natural Resources Code Section 87.012 - Validity
(a) Rules and orders adopted by the commission under the terms of this chapter are considered prima facie valid. (b) A person affected by an ...
- Texas Natural Resources Code Section 87.013 - Hearings
From time to time, the commission shall hold hearings, after proper notice, to hear evidence and to adopt rules and orders to enforce the provisions ...
- Texas Natural Resources Code Section 87.014 - Inspection Of Records; Reports
In addition to authority given by existing law, the commission or its agents may: (1) inspect the books and records of any person who is ...
- Texas Natural Resources Code Section 87.051 - Limitation Of Sour Gas Production
No person may produce sour gas from any sour gas well in a reservoir producing both sweet and sour gas in excess of the daily ...
- Texas Natural Resources Code Section 87.052 - Maximum Production Of Sour Gas For Carbon Black Manufacture
(a) In any common reservoir in the state producing both sweet and sour gas, there shall never be produced from the common reservoir for use ...
- Texas Natural Resources Code Section 87.053 - Effect Of Demand Below Maximum Allowable Production
(a) If the daily demand for sour gas from gas wells for use in carbon black manufacture is less than the daily maximum allowable permitted ...
- Texas Natural Resources Code Section 87.054 - Effect Of Demand For Other Purposes Than Carbon Black Manufacture
(a) If a lawful daily demand exists for sour gas from gas wells for purposes of utilization permitted by law, other than the manufacture of ...
- Texas Natural Resources Code Section 87.091 - Prohibited Commingling Of Gas
In a plant for the extraction of natural gasoline content of gas, no sweet gas may be commingled with sour gas and no casinghead gas ...
- Texas Natural Resources Code Section 87.092 - Permit Required
In any common reservoir in this state producing both sweet and sour gas, no person may operate a plant for the extraction of the natural ...
- Texas Natural Resources Code Section 87.093 - Issuance Of Permit
The commission shall issue a permit if it appears that the plant is being operated and the residue gas from the plant is and will ...
- Texas Natural Resources Code Section 87.094 - Cancellation Of Permit
(a) If it appears to the commission that a plant is operating in violation of any of the provisions of this subchapter, the commission shall ...
- Texas Natural Resources Code Section 87.095 - Residue Gas Allowed In Air
(a) Except as provided in Subsection (b) of this section, if a plant operating under this subchapter commingles casinghead gas with sweet gas or sour ...
- Texas Natural Resources Code Section 87.096 - Residue Gas: Determination By Commission
If a plant operating under this subchapter commingles casinghead gas with sweet gas or sweet gas with sour gas, the commission shall ascertain: (1) the ...
- Texas Natural Resources Code Section 87.097 - Use Of Residue Gas For Other Purposes
(a) The operator of the plant is required to use, or cause to be used, for one or more of the uses provided for sweet ...
- Texas Natural Resources Code Section 87.131 - Use Of Sweet Gas For Carbon Black Manufacture
Sweet gas produced from any gas well in this state may be used without the prior extraction of its gasoline content for the manufacture of ...
- Texas Natural Resources Code Section 87.132 - Use Of Gas From Certain Wells For Carbon Black Manufacture
(a) Gas from any gas well completed on or before September 5, 1947, within a common reservoir producing both sweet and sour gas from which ...
- Texas Natural Resources Code Section 87.134 - Effect Of Subchapter
The provisions of this subchapter are cumulative of existing laws relating to the uses of gas and do not restrict or affect the manufacture of ...
- Texas Natural Resources Code Section 87.171 - Gas Containing Low Hydrocarbon Content
Any natural gas, including casinghead gas, produced from any gas well or oil well in this state, containing less than one and one-half gallons of ...
- Texas Natural Resources Code Section 87.172 - Gas Containing High Hydrocarbon Content
(a) Except as provided in Subsection (b) of this section, no natural gas, including casinghead gas, produced from any gas well or oil well in ...
- Texas Natural Resources Code Section 87.173 - Additional Extraction To Alleviate Shortage
If a general shortage of propane or heavier liquid hydrocarbons occurs, the commission, after notice and hearing, may require additional extraction of hydrocarbons from the ...
- Texas Natural Resources Code Section 87.174 - Applicability Of This Subchapter
The provisions of this subchapter shall not apply to: (1) gas produced from a common reservoir that contains both sweet and sour gas which was ...
- Texas Natural Resources Code Section 87.211 - Prohibited Location
Unless adequate precaution is taken to minimize the emission of smoke from the plant, no channel-type carbon black plant shall be erected or constructed closer ...
- Texas Natural Resources Code Section 87.241 - Penalty
(a) A person who violates this chapter is liable to a penalty of not more than $1,000 for each offense. (b) Each day a violation ...
- Texas Natural Resources Code Section 87.242 - Injunctive Relief
(a) A violation or threatened violation of this chapter may be enjoined by any court of competent jurisdiction in which suit for penalty may be ...
- Texas Natural Resources Code Section 88.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Governmental agent" or "governmental agency" means the Railroad Commission of Texas and any ...
- Texas Natural Resources Code Section 88.011 - Adoption Of Rules
(a) The governmental agency may promulgate and adopt rules: (1) to provide for the method of measuring oil and gas produced from any well in ...
- Texas Natural Resources Code Section 88.012 - Rules And Orders Relating To Records And Reports
The rules and orders of the governmental agency relating to records and reports shall prescribe the form in which the records and reports will be ...
- Texas Natural Resources Code Section 88.013 - Notice By Publication
(a) When the governmental agency adopts a rule under this chapter, the governmental agency shall publish a complete copy of the rule once each day ...
- Texas Natural Resources Code Section 88.051 - Production Prohibited In Excess Of Allowable Amount
No person owning, leasing, operating, producing, or controlling an oil property or any oil well in this state may produce or cause to be produced ...
- Texas Natural Resources Code Section 88.052 - Prohibited Passage From Control Of Producer Without Measurement And Record Of Amount
No person owning, leasing, operating, or controlling an oil property in this state may permit the oil or gas produced to pass beyond the possession ...
- Texas Natural Resources Code Section 88.053 - Prohibited Evasion Or Prevention Of Accurate Measurement
No person owning, leasing, operating, or controlling an oil property in this state may use a method or device to evade or prevent obtaining the ...
- Texas Natural Resources Code Section 88.0531 - Criminal Penalty
(a) A person who knowingly violates Section 88.052 or 88.053 of this code commits an offense. (b) An offense under this section is a Class ...
- Texas Natural Resources Code Section 88.054 - Passage From Control Of Producer Prohibited If Tank Not Under His Control
No person owning, leasing, operating, or controlling an oil property may permit oil produced by him in this state to pass from his possession or ...
- Texas Natural Resources Code Section 88.055 - Production Prohibited Without Flare
If the gas from a well producing both oil and gas is not trapped and used and the gas is capable of being burned in ...
- Texas Natural Resources Code Section 88.056 - Identifying Signs
Each oil property in this state, each tank owned or controlled by such person to which the property is connected, and each flare to which ...
- Texas Natural Resources Code Section 88.091 - Access To Property And Records
The governmental agency shall have access at all times to: (1) the oil property of all persons for inspection and examination; and (2) the records ...
- Texas Natural Resources Code Section 88.092 - Prohibited Interference With Access And Inspection
No person may: (1) refuse to permit the governmental agency, or an agent, servant, representative, or employee of the governmental agency, to have access to ...
- Texas Natural Resources Code Section 88.093 - Prohibited Equipment Or Enclosure
No person owning, leasing, operating, or controlling an oil property in this state may equip or enclose his oil property, or any part of his ...
- Texas Natural Resources Code Section 88.094 - Prohibited Gift Or Gratuity
No person may corruptly give, offer, or promise to give a member of the governmental agency, chief supervisor, deputy supervisor, or any agent or employee ...
- Texas Natural Resources Code Section 88.131 - Venue
The courts of the county in which the oil property or any part of the oil property is located and with respect to which a ...
- Texas Natural Resources Code Section 88.132 - Service Of Process
(a) In a suit or action involving the enforcement of the conservation laws of this state or the orders of the commission affecting the conservation ...
- Texas Natural Resources Code Section 88.133 - Responsibility For Compliance And Liability To Prosecution
The president of each corporation, the chief managing executive of each association, all active members of each firm and partnership, and all trustees of each ...
- Texas Natural Resources Code Section 88.134 - Penalties
(a) A person who violates any of the provisions of Sections 88.091 through 88.093 of this code, or any person who fails to comply with ...
- Texas Natural Resources Code Section 88.135 - Civil Penalties And Injunctions
In addition to the powers specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule, order, or permit ...
- Texas Natural Resources Code Section 89.001 - Policy
The conservation and development of all the natural resources of this state are declared to be a public right and duty. It is also declared ...
- Texas Natural Resources Code Section 89.002 - Definitions
(a) In this chapter: (1) "Well" means a hole drilled for the purpose of: (A) producing oil or gas; (B) injecting fluid or gas in ...
- Texas Natural Resources Code Section 89.003 - Applicability
The provisions of this chapter do not alter causes of action arising before August 30, 1965. Acts 1977, 65th Leg., p. 2553, ch. 871, art. ...
- Texas Natural Resources Code Section 89.011 - Duty Of Operator
(a) The operator of a well shall properly plug the well when required and in accordance with the commission's rules that are in effect at ...
- Texas Natural Resources Code Section 89.012 - Duty Of Nonoperator
If the operator of a well fails to comply with Section 89.011 of this code, each nonoperator is responsible for his proportionate share of the ...
- Texas Natural Resources Code Section 89.041 - Determining Proper Plugging
If it comes to the attention of the commission that a well that has been abandoned or is not being operated is causing or is ...
- Texas Natural Resources Code Section 89.042 - Commission Order To Plug
(a) If the commission finds that the well was not properly plugged, it shall order the operator to plug the well according to the rules ...
- Texas Natural Resources Code Section 89.043 - Plugging By Commission
(a) If the commission determines at a hearing under Section 89.041 of this code that a well has not been properly plugged or needs replugging, ...
- Texas Natural Resources Code Section 89.044 - Right To Enter On Land
(a) The commission or its employees or agents, the operator, or the nonoperator, on proper identification, may enter the land of another for the purpose ...
- Texas Natural Resources Code Section 89.045 - Liability For Damages
The commission and its employees and agents, the operator, and the nonoperator are not liable for any damages that may occur as a result of ...
- Texas Natural Resources Code Section 89.046 - Penalties And Other Relief
The plugging or replugging of a well by the commission does not prevent the commission from seeking penalties or other relief provided by law from ...
- Texas Natural Resources Code Section 89.047 - Orphaned Well Reduction Program
(a) In this section: (1) "Depth of the well" means the vertical depth of a well as measured in linear feet from the surface to ...
- Texas Natural Resources Code Section 89.048 - Plugging Of Well By Surface Estate Owner
(a) In this section, "orphaned well" has the meaning assigned by Section 89.047. (b) The owner of an interest in the surface estate of a ...
- Texas Natural Resources Code Section 89.081 - Cause Of Action For Disproportionate Share Of Cost
If an operator or nonoperator owns only a partial interest in the well or oil and gas and the operator or nonoperator pays a larger ...
- Texas Natural Resources Code Section 89.083 - First Lien On Equipment; Cause Of Action If Commission Plugs
(a) If a well has not been plugged by the deadline for plugging established by commission rules, the state has a first lien, superior to ...
- Texas Natural Resources Code Section 89.084 - Money Paid Commission By Private Person
(a) The commission may accept money from private persons and use the money to plug or replug a well. (b) Paying money to the commission ...
- Texas Natural Resources Code Section 89.085 - Possession And Sale Of Equipment To Cover Plugging Costs
(a) When the commission forecloses its lien under Section 89.083 on a delinquent inactive well, well-site equipment and any amount of hydrocarbons from the well ...
- Texas Natural Resources Code Section 89.086 - Claims Against The Oil-Field Cleanup Fund
(a) A person with a legal or equitable ownership or security interest in well-site equipment or hydrocarbons disposed of under Section 89.085 of this code ...
- Texas Natural Resources Code Section 89.087 - Judicial Review Of Commission Decisions; Immunity From Suit And Liability
(a) A claimant aggrieved by the commission's decision on a claim may appeal the decision in a district court of Travis County on or before ...
- Texas Natural Resources Code Section 89.088 - Record Of Request For Notice By Lienholder Or Nonoperator; Form; Fee
(a) The commission shall maintain a record of a request for notice by a lienholder or nonoperator under Section 89.043(e) or 89.085(f) of this code ...
- Texas Natural Resources Code Section 89.121 - Enforcement By Commission
(a) In addition to the powers specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule or order ...
- Texas Natural Resources Code Section 89.122 - Appeal To Courts
Any person affected by the provisions of this chapter may sue to test the validity of any order adopted by the commission under this chapter ...
- Texas Natural Resources Code Section 90.001 - Ratification
The Interstate Compact to Conserve Oil and Gas, executed in the City of Dallas, on February 16, 1935, by the Governor of Texas, the text ...
- Texas Natural Resources Code Section 90.002 - Original Copy
The original copy of the compact is on deposit with the Department of State of the United States. Acts 1977, 65th Leg., p. 2556, ch. ...
- Texas Natural Resources Code Section 90.003 - Representative
(a) The governor is the official representative of the State of Texas on the Interstate Oil Compact Commission, provided for in the Interstate Compact to ...
- Texas Natural Resources Code Section 90.0031 - Annual Report
Before October 1 of each year, the office of the Interstate Oil Compact Commissioner for Texas shall prepare and file with the presiding officer of ...
- Texas Natural Resources Code Section 90.004 - Extension
(a) The continuous extension of the Interstate Compact to Conserve Oil and Gas until September 1, 1951, by an agreement executed by the governor in ...
- Texas Natural Resources Code Section 90.005 - Form Of Agreement
The agreement to extend the Interstate Compact to Conserve Oil and Gas, which the governor is authorized to execute for the state, shall be in ...
- Texas Natural Resources Code Section 90.006 - Withdrawal From Compact
(a) The governor may determine if and when it is in the best interest of the state to withdraw from the compact as provided by ...
- Texas Natural Resources Code Section 90.007 - Text Of Compact
The Interstate Compact to Conserve Oil and Gas reads as follows: "AN INTERSTATE COMPACT TO CONSERVE OIL AND GAS "ARTICLE I "This agreement may become ...
- Texas Natural Resources Code Section 91.101 - Rules And Orders
Text of section effective until delegation of RCRA authority to Railroad Commission of Texas (a) To prevent pollution of surface water or subsurface water ...
- Texas Natural Resources Code Section 91.101 - Rules And Orders
Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas To prevent pollution of surface water or subsurface water in ...
- Texas Natural Resources Code Section 91.1011 - Oil And Gas Waste
Text of section effective until delegation of RCRA authority to Railroad Commission of Texas (a) In this subchapter, "oil and gas waste" means waste ...
- Texas Natural Resources Code Section 91.1011 - Oil And Gas 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 ...
- Texas Natural Resources Code Section 91.1012 - Access To Property And Records
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 ...
- Texas Natural Resources Code Section 91.1013 - Application Fees
(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, ...
- Texas Natural Resources Code Section 91.102 - Additional Personnel
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 ...
- Texas Natural Resources Code Section 91.103 - Persons Required To Execute Bond, Letter Of Credit, Or Cash Deposit
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 ...
- Texas Natural Resources Code Section 91.104 - Bonds, Letters Of Credit, Cash Deposits, And Well-Specific Plugging Insurance Policies
(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) ...
- Texas Natural Resources Code Section 91.1041 - Individual Bond
(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 ...
- Texas Natural Resources Code Section 91.1042 - Blanket Bond
(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 ...
- Texas Natural Resources Code Section 91.105 - Bond Conditions
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 ...
- Texas Natural Resources Code Section 91.106 - Execution Of Bond
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 ...
- Texas Natural Resources Code Section 91.107 - New Bond, Letter Of Credit, Or Cash Deposit
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 ...
- Texas Natural Resources Code Section 91.108 - Deposit And Use Of Funds
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 ...
- Texas Natural Resources Code Section 91.109 - Financial Security For Persons Involved In Activities Other Than Operation Of Wells
(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 ...
- Texas Natural Resources Code Section 91.1091 - Refund
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 ...
- Texas Natural Resources Code Section 91.110 - Oil And Gas Waste Reduction And Minimization
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 ...
- Texas Natural Resources Code Section 91.111 - Oil-Field Cleanup Fund
(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 ...
- Texas Natural Resources Code Section 91.112 - Purpose Of The Fund
(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 ...
- Texas Natural Resources Code Section 91.113 - Investigation, Assessment, Or Cleanup By Commission
(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 ...
- Texas Natural Resources Code Section 91.1131 - Risk Assessment Standards
(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 ...
- Texas Natural Resources Code Section 91.1132 - Prioritization Of High-Risk Wells
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) ...
- Texas Natural Resources Code Section 91.1135 - Oil-Field Cleanup Fund Advisory Committee
(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 ...
- Texas Natural Resources Code Section 91.114 - Acceptance Of Organization Report Or Application For Permit; Approval Of Certificate Of Compliance; Revocation
(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 ...
- Texas Natural Resources Code Section 91.115 - First Lien On Equipment And Stored Hydrocarbons
(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 ...
- Texas Natural Resources Code Section 91.116 - Notice Of Commercial Surface Disposal Facility Permit Application
(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 ...
- Texas Natural Resources Code Section 91.117 - Public Information Hearing On Application For Commercial Surface Disposal Facility Permit
(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 ...
- Texas Natural Resources Code Section 91.141 - Books And Records
(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 ...
- Texas Natural Resources Code Section 91.142 - Report To Commission
(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 ...
- Texas Natural Resources Code Section 91.143 - False Applications, Reports, And Documents And Tampering With Gauges
(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 ...
- Texas Natural Resources Code Section 91.171 - Short Title
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. ...
- Texas Natural Resources Code Section 91.172 - Declaration Of Policy
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, ...
- Texas Natural Resources Code Section 91.173 - Definitions
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) ...
- Texas Natural Resources Code Section 91.174 - Findings Of Commission
(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 ...
- Texas Natural Resources Code Section 91.175 - Commission Jurisdiction
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 ...
- Texas Natural Resources Code Section 91.176 - Withdrawal Of Native Gas
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 ...
- Texas Natural Resources Code Section 91.177 - Storage Operations Must Be Bona Fide
(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 ...
- Texas Natural Resources Code Section 91.178 - Relocation Of Facilities
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 ...
- Texas Natural Resources Code Section 91.179 - Appropriation Of Storage Facilities; Limitations
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, ...
- Texas Natural Resources Code Section 91.180 - Institution Of Condemnation Proceedings
(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 ...
- Texas Natural Resources Code Section 91.181 - Exercise Of Right Of Eminent Domain
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 ...
- Texas Natural Resources Code Section 91.182 - Ownership Of Stored Gas
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 ...
- Texas Natural Resources Code Section 91.183 - Rights Of Purchasers Of Native Gas
(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 ...
- Texas Natural Resources Code Section 91.184 - Abandonment
(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 ...
- Texas Natural Resources Code Section 91.201 - Definitions
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 ...
- Texas Natural Resources Code Section 91.202 - Policy
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 ...
- Texas Natural Resources Code Section 91.203 - Authority; Rules
(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 ...
- Texas Natural Resources Code Section 91.204 - Permits
(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 ...
- Texas Natural Resources Code Section 91.205 - Authority To Enter Property
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, ...
- Texas Natural Resources Code Section 91.206 - Authority To Examine Records
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 ...
- Texas Natural Resources Code Section 91.207 - Notice Of Noncompliance
(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 ...
- Texas Natural Resources Code Section 91.251 - Definitions
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 ...
- Texas Natural Resources Code Section 91.252 - Commission Jurisdiction
(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. ...
- Texas Natural Resources Code Section 91.253 - Commission Enforcement
(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 ...
- Texas Natural Resources Code Section 91.254 - Inspection; Examination; Credentials
(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, ...
- Texas Natural Resources Code Section 91.255 - Safety Standards And Practices
(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) ...
- Texas Natural Resources Code Section 91.256 - Limitation On Powers Of Municipalities And Counties
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 ...
- Texas Natural Resources Code Section 91.257 - Safety Procedure Manual
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) ...
- Texas Natural Resources Code Section 91.258 - Records; Reports
(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 ...
- Texas Natural Resources Code Section 91.259 - Damage To Storage Facility; Disabling A Safety Device
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) ...
- Texas Natural Resources Code Section 91.260 - Injunction; Civil Penalty
(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 ...
- Texas Natural Resources Code Section 91.261 - Administrative Penalty
(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 ...
- Texas Natural Resources Code Section 91.262 - Administrative Penalty Assessment Procedure
(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 ...
- Texas Natural Resources Code Section 91.263 - Payment Of Administrative Penalty
(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 ...
- Texas Natural Resources Code Section 91.264 - Judicial Review Of Administrative Penalty
(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, ...
- Texas Natural Resources Code Section 91.401 - Definitions
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 ...
- Texas Natural Resources Code Section 91.402 - Time For Payment Of Proceeds
(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 ...
- Texas Natural Resources Code Section 91.403 - Payment Of Interest On Late Payments
(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 ...
- Texas Natural Resources Code Section 91.404 - Nonpayment Of Oil And Gas Proceeds Or Interest
(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 ...
- Texas Natural Resources Code Section 91.405 - Exemptions
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 ...
- Texas Natural Resources Code Section 91.406 - Attorney's Fees And Minimum Award
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 ...
- Texas Natural Resources Code Section 91.407 - Notice Of Change Of Payor
(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 ...
- Texas Natural Resources Code Section 91.408 - Information For Payees Of Proceeds Of Production From Certain Gas Wells
(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, ...
- Texas Natural Resources Code Section 91.451 - Definition
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 ...
- Texas Natural Resources Code Section 91.452 - Prohibited Activity
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 ...
- Texas Natural Resources Code Section 91.453 - Commission Authorized
(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 ...
- Texas Natural Resources Code Section 91.454 - Removal Of Authorized Pits
(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 ...
- Texas Natural Resources Code Section 91.455 - Rules, Standards, And Specifications
(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 ...
- Texas Natural Resources Code Section 91.456 - Injunctive Relief
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 ...
- Texas Natural Resources Code Section 91.457 - Removal Of Unauthorized Pit
(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 ...
- Texas Natural Resources Code Section 91.458 - Criminal Penalty
(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) ...
- Texas Natural Resources Code Section 91.459 - Civil Penalty
(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 ...
- Texas Natural Resources Code Section 91.5001 - Definition
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. ...
- Texas Natural Resources Code Section 91.501 - Information Required
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 ...
- Texas Natural Resources Code Section 91.502 - Types Of Information Provided
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 ...
- Texas Natural Resources Code Section 91.503 - Lease, Property, Or Well Description
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 ...
- Texas Natural Resources Code Section 91.504 - Providing Information About Payment Deductions And Adjustments, Heating Value, Or Lease Identification
(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, ...
- Texas Natural Resources Code Section 91.505 - Providing Other Information
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 ...
- Texas Natural Resources Code Section 91.506 - Exemption
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 ...
- Texas Natural Resources Code Section 91.507 - Enforcement
(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 ...
- Texas Natural Resources Code Section 91.551 - Definitions
(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 ...
- Texas Natural Resources Code Section 91.552 - Electric Logs Required To Be Filed; Criteria
(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 ...
- Texas Natural Resources Code Section 91.553 - Availability Of Electric Logs
(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 ...
- Texas Natural Resources Code Section 91.554 - Availability Of Confidential Electric Logs
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 ...
- Texas Natural Resources Code Section 91.555 - Management And Storage Of Electric Logs
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 ...
- Texas Natural Resources Code Section 91.556 - Denial Of Allowable
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 ...
- Texas Natural Resources Code Section 91.601 - Definitions
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 ...
- Texas Natural Resources Code Section 91.602 - Rules
(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, ...
- Texas Natural Resources Code Section 91.603 - Access To Property And Records
(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 ...
- Texas Natural Resources Code Section 91.604 - Criminal Penalty
(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 ...
- Texas Natural Resources Code Section 91.605 - Hazardous Oil And Gas Waste Generation Fee
(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, ...
- Texas Natural Resources Code Section 91.651 - Definitions
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 ...
- Texas Natural Resources Code Section 91.652 - Purpose
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, ...
- Texas Natural Resources Code Section 91.653 - Eligibility For Voluntary Cleanup Program
(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 ...
- Texas Natural Resources Code Section 91.654 - Application To Participate In Voluntary Cleanup Program
(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 ...
- Texas Natural Resources Code Section 91.655 - Rejection Of 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 ...
- Texas Natural Resources Code Section 91.656 - Voluntary Cleanup Agreement
(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 ...
- Texas Natural Resources Code Section 91.657 - Termination Of Agreement; Cost Recovery
(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 ...
- Texas Natural Resources Code Section 91.658 - Voluntary Cleanup Work Plans And Reports
(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 ...
- Texas Natural Resources Code Section 91.659 - Certificate Of Completion
(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 ...
- Texas Natural Resources Code Section 91.660 - Persons Released From Liability
(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 ...
- Texas Natural Resources Code Section 91.661 - Permit Not Required
(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 ...
- Texas Natural Resources Code Section 92.001 - Purpose
It is the finding of the legislature that the rapidly expanding population and development of the cities and towns of this state and the concomitant ...
- Texas Natural Resources Code Section 92.002 - Definitions
In this chapter: (1) "Operations site" means a surface area of two or more acres located in whole or in part within a qualified subdivision, ...
- Texas Natural Resources Code Section 92.003 - Creation Of Subdivision
The surface owners of a parcel of land may create a qualified subdivision on the land if a plat of the subdivision has been approved ...
- Texas Natural Resources Code Section 92.004 - Hearing And Order By Railroad Commission
(a) The railroad commission shall adopt rules governing the contents of an application for a qualified subdivision. An application must be accompanied by a plat ...
- Texas Natural Resources Code Section 92.005 - Use Of Operations Site
(a) An owner of a possessory mineral interest within a qualified subdivision may use only the surface contained in designated operations sites for exploration, development, ...
- Texas Natural Resources Code Section 92.006 - Amendment, Replat, Or Abandonment
All or any portion of a qualified subdivision may be amended, replatted, or abandoned by the surface owner. An amendment or replat, however, may not ...
- Texas Natural Resources Code Section 92.007 - Municipal Authority
This chapter does not affect the authority of a municipality to require approval of subdivision plats or the authority of a home-rule city to regulate ...
- Texas Natural Resources Code Section 101.001 - Definition
In this chapter, "commission" means the Railroad Commission of Texas. Acts 1977, 65th Leg., p. 2566, ch. 871, art. I, § 1, eff. Sept. 1, ...
- Texas Natural Resources Code Section 101.002 - Existing Agreement Rights
None of the provisions in this chapter restrict any of the rights that a person now may have to make and enter into unitization and ...
- Texas Natural Resources Code Section 101.003 - Applicability
None of the provisions in this chapter impair the power of the commission to prevent waste under the oil and gas conservation laws of the ...
- Texas Natural Resources Code Section 101.004 - Conflict With Antitrust Acts
(a) Agreements and operations under agreements which are in accordance with the provisions in this chapter, being necessary to prevent waste and conserve the natural ...
- Texas Natural Resources Code Section 101.011 - Authorized Agreements For Separately Owned Properties
Subject to the approval of the commission, as provided in this chapter, persons owning or controlling production, leases, royalties, or other interests in separate property ...
- Texas Natural Resources Code Section 101.012 - Persons Bound By Agreements
Agreements for pooled units and cooperative facilities do not bind a landowner, royalty owner, lessor, lessee, overriding royalty owner, or any other person who does ...
- Texas Natural Resources Code Section 101.013 - Commission Approval
(a) Agreements for pooled units and cooperative facilities are not legal or effective until the commission finds, after application, notice, and hearing: (1) that the ...
- Texas Natural Resources Code Section 101.014 - Jointly Owned Properties
None of the provisions in this chapter shall be construed to require the approval of the commission of voluntary agreements for the joint development and ...
- Texas Natural Resources Code Section 101.015 - Commission Regulation
An agreement executed under the provisions of this chapter is subject to any valid order or rule of the commission relating to location, spacing, proration, ...
- Texas Natural Resources Code Section 101.016 - Permissible Provisions
(a) An agreement authorized by this chapter may provide for the location and spacing of input wells and for the extension of leases covering any ...
- Texas Natural Resources Code Section 101.017 - Prohibited Provisions
(a) No agreement authorized by this chapter may attempt to contain the field rules for the area or field, or provide for or limit the ...
- Texas Natural Resources Code Section 101.018 - Effect Of Approval Outside Of Unit
The approval of an agreement authorized by this chapter shall not of itself be construed as a finding that operations of a different kind or ...
- Texas Natural Resources Code Section 101.051 - Authority Of Commissioner Of General Land Office
Subject to the approval specified in Section 101.052 of this code, the Commissioner of the General Land Office, on behalf of the State of Texas ...
- Texas Natural Resources Code Section 101.052 - Necessary Approval By Other Persons And State Agencies
(a) An agreement that commits (1) the royalty interests in land set apart by the constitution and laws of this state for the permanent free ...
- Texas Natural Resources Code Section 102.001 - Title
This chapter may be cited as the Mineral Interest Pooling Act. Acts 1977, 65th Leg., p. 2570, ch. 871, art. I, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 102.002 - Definitions
In this chapter: (1) "Mineral" means and is limited to oil and gas. (2) "Commission" means the Railroad Commission of Texas. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 102.003 - Application To Certain Reservoirs
The provisions of this chapter do not apply to any reservoir discovered and produced before March 8, 1961. Acts 1977, 65th Leg., p. 2571, ch. ...
- Texas Natural Resources Code Section 102.004 - Application To Public Land
(a) The provisions of this chapter do not apply to land owned by the State of Texas nor to land in which the State of ...
- Texas Natural Resources Code Section 102.011 - Authority Of Commission
When two or more separately owned tracts of land are embraced in a common reservoir of oil or gas for which the commission has established ...
- Texas Natural Resources Code Section 102.012 - Owners Authorized To Apply For Pooling
The following interested owners may apply to the commission for the pooling of mineral interests: (1) the owner of any interest in oil and gas ...
- Texas Natural Resources Code Section 102.013 - Required Voluntary Pooling Offer
(a) The applicant shall set forth in detail the nature of voluntary pooling offers made to the owners of the other interests in the proposed ...
- Texas Natural Resources Code Section 102.014 - Productive Acreage Equal To Standard Proration Unit
(a) The commission shall not require the owner of a mineral interest, the productive acreage of which is equal to or in excess of the ...
- Texas Natural Resources Code Section 102.015 - Prohibited Provisions In Operating Agreement
A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable if it provides for an operating agreement containing any of ...
- Texas Natural Resources Code Section 102.016 - Notice Of Hearing
On the filing of an application for pooling of interests into a unit under the provisions of this chapter, at least 30 days notice before ...
- Texas Natural Resources Code Section 102.017 - Pooling Order
(a) After notice and hearing, all orders effecting the pooling shall be made on terms and conditions that are fair and reasonable and will afford ...
- Texas Natural Resources Code Section 102.018 - Acreage Subject To Pooling
The commission shall pool only the acreage which at the time of its order reasonably appears to lie within the productive limits of the reservoir. ...
- Texas Natural Resources Code Section 102.051 - Ownership Of Production
(a) For the purpose of determining the portions of production owned by the persons owning interests in the pooled unit, the production shall be allocated ...
- Texas Natural Resources Code Section 102.052 - Drilling And Completion Costs
(a) As to an owner who elects not to pay his proportionate share of the drilling and completion costs in advance, the commission shall make ...
- Texas Natural Resources Code Section 102.053 - Effect Of Operations
(a) The operations on and production from any portion of a unit for which a pooling order has been entered shall be considered for all ...
- Texas Natural Resources Code Section 102.081 - Dissolved With Consent Of Owners
A unit established by order of the commission under this chapter may not be modified or dissolved subsequently without the consent of all mineral owners ...
- Texas Natural Resources Code Section 102.082 - Automatic Dissolution
A unit is automatically dissolved: (1) one year after its effective date if no production or drilling operations have been had on the unit; (2) ...
- Texas Natural Resources Code Section 102.083 - Termination Of Pooled Lease
On termination of a lease pooled by order of the commission under authority granted by this chapter, interests covered by the lease are considered pooled ...
- Texas Natural Resources Code Section 102.111 - Right To Appeal
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 ...
- Texas Natural Resources Code Section 102.112 - Venue
Appeal shall be to the district court of the county in which the land or any part of the land covered by the order is ...
- Texas Natural Resources Code Section 103.001 - Definition
In this chapter, "commission" means the Railroad Commission of Texas. Acts 1977, 65th Leg., p. 2575, ch. 871, art. I, § 1, eff. Sept. 1, ...
- Texas Natural Resources Code Section 103.002 - Rights Existing On May 12, 1953
None of the provisions in this chapter restrict any of the rights that persons had on May 12, 1953, to make and enter into contracts ...
- Texas Natural Resources Code Section 103.003 - Conflict With Antitrust Laws
(a) Agreements and operations under agreements that are in accordance with the provisions in this chapter, being necessary to prevent waste and conserve the natural ...
- Texas Natural Resources Code Section 103.041 - Authorized Cooperative Facilities For Separately Owned Property
The commission may approve agreements by persons owning or controlling leases or other interests in separate property in oil fields, gas fields, or oil and ...
- Texas Natural Resources Code Section 103.042 - Commission Approval
Agreements for the construction and operation of cooperative facilities shall be approved by the commission only after application, notice, and hearing, and a finding by ...
- Texas Natural Resources Code Section 103.043 - Cooperative Refining
(a) No agreement for the construction or operation of cooperative facilities may provide directly or indirectly for the cooperative refining of oil, distillate, condensate, or ...
- Texas Natural Resources Code Section 103.044 - Cooperative Marketing
No agreement for the construction or operation of cooperative facilities may provide for the cooperative marketing of oil, condensate, distillate, or gas, or any by-product ...
- Texas Natural Resources Code Section 103.045 - Effect Of Approval On Operations In Other Fields
The approval of an agreement authorized by this chapter is not of itself a finding that similar operations in other fields are wasteful or not ...
- Texas Natural Resources Code Section 103.046 - Jointly Owned Property
None of the provisions in this chapter require the approval of the commission of voluntary agreements for the joint development and operation of jointly owned ...
- Texas Natural Resources Code Section 111.001 - Definitions
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, ...
- Texas Natural Resources Code Section 111.002 - Common Carriers Under Chapter
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 ...
- Texas Natural Resources Code Section 111.003 - Applicability Of Chapter
(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 ...
- Texas Natural Resources Code Section 111.004 - General Restriction On Transportation Of Oil
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 ...
- Texas Natural Resources Code Section 111.011 - Regulation In Public Interest
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. ...
- Texas Natural Resources Code Section 111.012 - General Jurisdiction Of Commission
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 ...
- Texas Natural Resources Code Section 111.013 - Control Of Pipelines
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 ...
- Texas Natural Resources Code Section 111.014 - Publication Of Tariffs
Common carriers shall make and publish their tariffs under rules prescribed by the commission. Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 111.015 - Transportation Without Discrimination
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 ...
- Texas Natural Resources Code Section 111.016 - Discrimination Between Shippers
(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, ...
- Texas Natural Resources Code Section 111.017 - Equal Compensation For Like Service
(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 ...
- Texas Natural Resources Code Section 111.018 - Effect Of Commission Order
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, ...
- Texas Natural Resources Code Section 111.019 - Right Of Eminent Domain
(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 ...
- Texas Natural Resources Code Section 111.0191 - Costs Of Relocation Of Property
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 ...
- Texas Natural Resources Code Section 111.0192 - Limitations On The Powers Of Eminent Domain In Certain Situations
(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 ...
- Texas Natural Resources Code Section 111.0193 - Restoration Of Property
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 ...
- Texas Natural Resources Code Section 111.0194 - Pipeline Easements
(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 ...
- Texas Natural Resources Code Section 111.020 - Pipeline On Public Stream Or Highway
(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 ...
- Texas Natural Resources Code Section 111.021 - Pipeline Under Railroad, Street Railroad, Or Canal
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, ...
- Texas Natural Resources Code Section 111.022 - Right To Use Street Or Alley In City Or Town
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 ...
- Texas Natural Resources Code Section 111.023 - Exchange Of Facilities
(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 ...
- Texas Natural Resources Code Section 111.024 - Limit On Amount Of Oil Carried
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 ...
- Texas Natural Resources Code Section 111.025 - Abandoning Connections
(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 ...
- Texas Natural Resources Code Section 111.051 - Applicability Of Statute To Public Utilities
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., ...
- Texas Natural Resources Code Section 111.052 - Discrimination By Public Utility
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, ...
- Texas Natural Resources Code Section 111.053 - Bond Of Public Utility
(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 ...
- Texas Natural Resources Code Section 111.054 - Lien For Storage Charges
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 ...
- Texas Natural Resources Code Section 111.081 - Definition Of Common Purchaser
(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 ...
- Texas Natural Resources Code Section 111.082 - Purpose For Including Certain Entities Under Regulation As Common Purchasers
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, ...
- Texas Natural Resources Code Section 111.083 - Duty Of Certain Common Purchasers
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 ...
- Texas Natural Resources Code Section 111.084 - Operation Of Gathering Systems For Crude Petroleum
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 ...
- Texas Natural Resources Code Section 111.085 - Applicability Of Rate Provisions To Certain Common Purchasers
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 ...
- Texas Natural Resources Code Section 111.086 - Discrimination Between Persons And Fields
(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 ...
- Texas Natural Resources Code Section 111.087 - Conditions In Taking Production
(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, ...
- Texas Natural Resources Code Section 111.088 - Commission Relief
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 ...
- Texas Natural Resources Code Section 111.089 - Discrimination As To Royalty Oil
(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 ...
- Texas Natural Resources Code Section 111.090 - Compliance By Common Purchasers
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, ...
- Texas Natural Resources Code Section 111.091 - Prevention Of Discrimination
(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 ...
- Texas Natural Resources Code Section 111.092 - Injunction To Prevent Discrimination
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 ...
- Texas Natural Resources Code Section 111.093 - Forfeiture Of Charter Of Domestic Corporation
(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 ...
- Texas Natural Resources Code Section 111.094 - Forfeiture Of Charter Of Foreign Corporation
(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 ...
- Texas Natural Resources Code Section 111.095 - Action For Damages
(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 ...
- Texas Natural Resources Code Section 111.096 - Duties And Responsibilities Of Common Purchasers, Purchasers, Gatherers, And Transporters
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, ...
- Texas Natural Resources Code Section 111.097 - Antitrust Laws Unaffected
(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 ...
- Texas Natural Resources Code Section 111.131 - Commission Rules For Common Carriers
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 ...
- Texas Natural Resources Code Section 111.132 - Commission Rules For Public Utilities
(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 ...
- Texas Natural Resources Code Section 111.133 - Enforcement By Commission
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 ...
- Texas Natural Resources Code Section 111.134 - Notice And Hearing
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 ...
- Texas Natural Resources Code Section 111.135 - Validity Of Commission Orders
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 ...
- Texas Natural Resources Code Section 111.136 - Review Of Orders
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 ...
- Texas Natural Resources Code Section 111.137 - Enlargement And Extension Of Facilities
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 ...
- Texas Natural Resources Code Section 111.138 - Books And Records
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. ...
- Texas Natural Resources Code Section 111.139 - Reports
(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 ...
- Texas Natural Resources Code Section 111.140 - Filing Monthly Statements
(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 ...
- Texas Natural Resources Code Section 111.141 - Grades Of Oil
(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) ...
- Texas Natural Resources Code Section 111.142 - Equitable Apportionment Of Excessive Amount Of Crude Petroleum
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 ...
- Texas Natural Resources Code Section 111.181 - Establishing And Promulgating Rates
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 ...
- Texas Natural Resources Code Section 111.182 - Items Included In Rates
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 ...
- Texas Natural Resources Code Section 111.183 - Basis For Rate
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 ...
- Texas Natural Resources Code Section 111.184 - Discretion Of Commission
The commission has reasonable latitude in establishing and adjusting competitive rates. Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 111.185 - Temporary Rates
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 ...
- Texas Natural Resources Code Section 111.186 - Reparation And Reimbursement
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 ...
- Texas Natural Resources Code Section 111.187 - Reimbursement Of Excess 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, ...
- Texas Natural Resources Code Section 111.188 - Annual Rate Hearing
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 ...
- Texas Natural Resources Code Section 111.189 - Hearing And Determination Of Rates
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 ...
- Texas Natural Resources Code Section 111.190 - Hearings To Adjust Rates
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 ...
- Texas Natural Resources Code Section 111.221 - Complaints; Jurisdiction To Hear Complaints
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 ...
- Texas Natural Resources Code Section 111.222 - Application For Receivership
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, ...
- Texas Natural Resources Code Section 111.223 - Appointment Of Receiver
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 ...
- Texas Natural Resources Code Section 111.224 - Duties And Responsibilities Of Receiver
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 ...
- Texas Natural Resources Code Section 111.225 - Motion To Dissolve Receivership
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 ...
- Texas Natural Resources Code Section 111.226 - Bond
(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 ...
- Texas Natural Resources Code Section 111.227 - Provisions Applicable To Enforcement
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 ...
- Texas Natural Resources Code Section 111.261 - Penalty Recoverable By State
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 ...
- Texas Natural Resources Code Section 111.262 - Penalty Recoverable By Aggrieved Party
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 ...
- Texas Natural Resources Code Section 111.263 - Penalty Recoverable By State And Aggrieved Party
(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, ...
- Texas Natural Resources Code Section 111.301 - Certificate Required
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 ...
- Texas Natural Resources Code Section 111.302 - Commission Authority To Issue Certificates
(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 ...
- Texas Natural Resources Code Section 111.303 - Certification Procedure
(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 ...
- Texas Natural Resources Code Section 111.304 - Transportation Contract
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 ...
- Texas Natural Resources Code Section 111.305 - Other Agencies
(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 ...
- Texas Natural Resources Code Section 111.401 - Definition
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 ...
- Texas Natural Resources Code Section 111.402 - Creation Of Well Wastewater Corporation
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 ...
- Texas Natural Resources Code Section 111.403 - Corporation Powers
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, ...
- Texas Natural Resources Code Section 111.404 - Condemnation
(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, ...
- Texas Natural Resources Code Section 111.405 - Service To Well Wastewater Producers
(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 ...
- Texas Natural Resources Code Section 111.406 - Ownership Of Stock
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, ...
- Texas Natural Resources Code Section 112.001 - Definitions
In this chapter: (1) "Pipeline equipment" means all pipe, fittings, pumps, telephone and telegraph lines, and all other material and equipment used as part of ...
- Texas Natural Resources Code Section 112.002 - Applicability
The provisions of this chapter shall not apply if the reasonable market value of the purchase made is less than $25. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 112.011 - Bill Of Sale
Before purchasing or acquiring by exchange used materials, a dealer, broker, or peddler shall require that a bill of sale for the used materials be ...
- Texas Natural Resources Code Section 112.012 - Required Information
(a) The bill of sale shall include: (1) the name and address of the dealer, broker, or peddler; (2) the serial number, if any; (3) ...
- Texas Natural Resources Code Section 112.031 - Injunctive Relief
In the name and on behalf of the State of Texas, the attorney general or any district attorney or county attorney in this state may ...
- Texas Natural Resources Code Section 112.032 - Criminal Penalty
A person, dealer, peddler, or broker who violates any of the provisions of this chapter is guilty of a misdemeanor and on conviction is subject ...
- Texas Natural Resources Code Section 112.033 - Inspection
(a) Any Texas Ranger or other officer commissioned by the Department of Public Safety, any sheriff or deputy sheriff, or any municipal police officer may ...
- Texas Natural Resources Code Section 113.001 - Title
This chapter may be cited as the Liquefied Petroleum Gas Code or LPG Code. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § ...
- Texas Natural Resources Code Section 113.002 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) Repealed by Acts 2001, 77th Leg., ch. 1233, § 76(2), eff. Sept. 1, ...
- Texas Natural Resources Code Section 113.003 - Exceptions
(a) None of the provisions of this chapter apply to: (1) the production, refining, or manufacture of LPG; (2) the storage, sale, or transportation of ...
- Texas Natural Resources Code Section 113.011 - Regulation Of Liquefied Petroleum Gas Activities
The commission shall administer and enforce the laws of this state and the rules and standards of the commission relating to liquefied petroleum gas. Amended ...
- Texas Natural Resources Code Section 113.014 - Employees
Sufficient employees shall be provided for the enforcement of this chapter. Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, § 1, eff. Sept. ...
- Texas Natural Resources Code Section 113.015 - Funds For Financing Regulation Of Lpg Activities
The commission shall look only to the revenue derived from the operation of this chapter and appropriated by the legislature for expenses of regulating liquefied ...
- Texas Natural Resources Code Section 113.051 - Adoption Of Rules And Standards
Except as provided in Section 113.003 of this code, the commission shall promulgate and adopt rules or standards or both relating to any and all ...
- Texas Natural Resources Code Section 113.0511 - Limitations On Rulemaking Authority
(a) The commission may not adopt rules restricting advertising or competitive bidding by a licensee except to prohibit false, misleading, or deceptive practices. (b) In ...
- Texas Natural Resources Code Section 113.052 - Adoption Of National Codes
The commission may adopt by reference, in whole or in part, the published codes of the National Board of Fire Underwriters, the National Fire Protection ...
- Texas Natural Resources Code Section 113.053 - Effect On Certain Containers
Rules, standards, and codes adopted pursuant to Sections 113.051 through 113.052 of this code do not apply to containers used in accordance with and subject ...
- Texas Natural Resources Code Section 113.081 - License Requirement
(a) Unless otherwise stated in this chapter, no person may engage in any of the following activities unless that person has obtained a license from ...
- Texas Natural Resources Code Section 113.082 - Categories Of Lpg Activities; Fees
(a) A prospective licensee in LPG may apply to the commission for a license to engage in any one or more of the following categories ...
- Texas Natural Resources Code Section 113.083 - Liquefied Petroleum Gas Emergency
(a) In the event of a temporary statewide, regional, or local shortage of liquid petroleum gas in this state or another state, as determined under ...
- Texas Natural Resources Code Section 113.084 - Application
(a) An application for a license shall be submitted to the commission on forms furnished by the commission or on a facsimile of those forms. ...
- Texas Natural Resources Code Section 113.087 - Course Of Instruction, Examination, And Seminar Requirements
(a) The satisfactory completion of the requirements of this section is mandatory, and operations requiring an LP-gas license may not commence, continue, or resume unless ...
- Texas Natural Resources Code Section 113.088 - Examination; Seminar Fees
(a) The commission shall establish reasonable examination, course of instruction, and seminar registration fees. (b) Before seminar attendance or examination of any person, except as ...
- Texas Natural Resources Code Section 113.089 - Special Requirements For Licensing
(a) If application is made for a license under Section 113.082(a)(5) or for any other type of license specified by commission rule, the commission, in ...
- Texas Natural Resources Code Section 113.090 - Filing And Registration Fees
(a) The commission by rule may establish reasonable fees for the review of site applications related to the installation of containers when site applications are ...
- Texas Natural Resources Code Section 113.091 - License Denial
(a) Should an applicant fail to meet the requirements for original or renewal licensing set out in this chapter, the commission shall have written notification ...
- Texas Natural Resources Code Section 113.092 - License Issuance
(a) The commission shall issue the appropriate license to an applicant who has satisfied the licensing procedures and requirements set out in this chapter and ...
- Texas Natural Resources Code Section 113.093 - License Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the commission ...
- Texas Natural Resources Code Section 113.094 - Staggered Renewal Of Licenses
The commission, by rule, may adopt a system under which licenses expire on various dates during the year. For the year in which the license ...
- Texas Natural Resources Code Section 113.095 - License And Examination By Endorsement
(a) The commission may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those ...
- Texas Natural Resources Code Section 113.096 - Provisional License
(a) The commission may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who: ...
- Texas Natural Resources Code Section 113.097 - Insurance Requirement
(a) The commission shall not issue a license authorizing activities under Section 113.082 of this code or renew an existing license unless the applicant for ...
- Texas Natural Resources Code Section 113.098 - Insurance Conditions
(a) As evidence that required insurance has been secured and is in force, certificates of insurance which are approved by the commission shall be filed ...
- Texas Natural Resources Code Section 113.099 - Statements In Lieu Of Insurance Certificates
(a) A licensee or an applicant for a license under Section 113.082(a)(3), (5), (8), or (10) that does not operate or contemplate the operation of ...
- Texas Natural Resources Code Section 113.131 - Transport Trucks And Trailers
(a) Each transport truck, trailer, or other motor vehicle equipped with an LPG cargo container and each truck used principally for transporting LPG in portable ...
- Texas Natural Resources Code Section 113.133 - Motor Carrier Laws
No provision of this chapter shall be construed to modify, amend, or revoke any motor carrier law of this state. Amended by Acts 1979, 66th ...
- Texas Natural Resources Code Section 113.134 - Department Of Public Safety
The Department of Public Safety shall cooperate with the commission in the administration and enforcement of this chapter and the rules promulgated under this chapter ...
- Texas Natural Resources Code Section 113.161 - Violations Of Chapter Or Rules; Informal Actions
(a) The commission shall notify a licensee or registrant in writing when it finds probable violation or noncompliance with this chapter or the safety rules ...
- Texas Natural Resources Code Section 113.162 - Hearings
Any hearing or proceeding under this chapter shall be subject to the provisions of the Administrative Procedure and Texas Register Act. Amended by Acts 1979, ...
- Texas Natural Resources Code Section 113.163 - Denial, Refusal To Renew, Or Revocation Of License Or Registration For An Exemption In Event Of Violation
(a) Except as provided by Subsections (d) and (f), the commission may not approve an application for a license under this chapter or approve a ...
- Texas Natural Resources Code Section 113.164 - Appeal
Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule. Amended by Acts 1979, 66th Leg., p. ...
- Texas Natural Resources Code Section 113.201 - Deposit And Expenditure Of Fees And Funds
Money received by the commission under this chapter shall be deposited in the state treasury to the credit of the General Revenue Fund and spent ...
- Texas Natural Resources Code Section 113.231 - Injunctions
(a) On request of the commission, the attorney general may bring an action in the name and on behalf of the state to enjoin a ...
- Texas Natural Resources Code Section 113.232 - General Penalty
(a) In addition to injunctive relief and other penalties provided in this chapter, a person who knowingly violates or fails to comply with this chapter ...
- Texas Natural Resources Code Section 113.233 - Entry For Inspection And Investigation
(a) An inspector, employee, or agent of the commission may enter the premises of a licensee under this chapter or any building or other premises ...
- Texas Natural Resources Code Section 113.234 - Warning Tag
An inspector, employee, or agent of the commission may declare any container, appliance, equipment, transport, system, or LP-gas operation that does not conform to the ...
- Texas Natural Resources Code Section 113.235 - Supplying Or Removing Lpg After Warning Tag Attached
(a) Any person who knowingly sells, furnishes, delivers, or supplies LPG for storage in or use or consumption by or through a container, appliance, transport, ...
- Texas Natural Resources Code Section 113.236 - Penalty For Unauthorized Removal Of Tag
An unauthorized person who knowingly removes, destroys, or in any way obliterates a warning tag attached to a container, appliance, transport, or system is guilty ...
- Texas Natural Resources Code Section 113.241 - Rules Regarding Research And Education
The commission may adopt all necessary rules relating to the purposes of this subchapter and activities regarding the use of LPG and other environmentally beneficial ...
- Texas Natural Resources Code Section 113.242 - Advisory Committees
The commission may appoint one or more advisory committees composed of members representing the LPG industry and other environmentally beneficial alternative fuels industries, consumers, and ...
- Texas Natural Resources Code Section 113.243 - Alternative Fuels Research And Education Fund
(a) The alternative fuels research and education fund is created in the state treasury. (b) The fund consists of money from: (1) fees charged under ...
- Texas Natural Resources Code Section 113.2435 - Consumer Incentive Or Rebate Programs
(a) The commission may establish consumer rebate programs for purchasers of appliances and equipment fueled by LPG or other environmentally beneficial alternative fuels for the ...
- Texas Natural Resources Code Section 113.244 - Fee On Delivery Of Lpg
(a) A fee is imposed on odorized LPG delivered into any means of conveyance to be sold and placed into commerce. Except as provided by ...
- Texas Natural Resources Code Section 113.245 - Report And Remission Of Fees
(a) Each person responsible for collecting and remitting a fee on a delivery of LPG shall, on or before the 25th day of the month ...
- Texas Natural Resources Code Section 113.246 - Rules Regarding Fees; Agreements With Other States
(a) The commission shall adopt rules necessary for the administration, collection, reporting, and payment of the fees payable or collected under this subchapter and the ...
- Texas Natural Resources Code Section 113.247 - Penalties Related To Report Or Fees
(a) A person who fails to file a report as provided by this subchapter or who possesses a fee collected or payable under this subchapter ...
- Texas Natural Resources Code Section 113.248 - Civil Penalty
A person forfeits to the state a civil penalty of not less than $25 nor more than $200 if the person: (1) fails or refuses ...
- Texas Natural Resources Code Section 113.249 - Attorney General
The attorney general, at the request of the commission, may sue in a court of competent jurisdiction to collect any fee or penalty due under ...
- Texas Natural Resources Code Section 113.250 - Criminal Penalty
(a) A person commits an offense if the person makes and delivers to the commission a report required under this subchapter to be made and ...
- Texas Natural Resources Code Section 113.281 - Definition
In this subchapter, "council" means the Alternative Fuels Council. Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993. ...
- Texas Natural Resources Code Section 113.282 - Alternative Fuels Council
The Alternative Fuels Council is an agency of the state. Added by Acts 1993, 73rd Leg., ch. 603, § 4, eff. Sept. 1, 1993. ...
- Texas Natural Resources Code Section 113.283 - Composition
(a) The council is composed of the following individuals: (1) the commissioner of the General Land Office; (2) the members of the Railroad Commission of ...
- Texas Natural Resources Code Section 113.284 - Alternative Fuels Program
(a) The council shall coordinate a comprehensive program to be carried out by state agencies in support of the use of environmentally beneficial alternative fuels. ...
- Texas Natural Resources Code Section 113.285 - Legislative Findings
(a) The legislature finds that this subchapter serves the public purposes of: (1) development and diversification of the economy of the state; (2) elimination of ...
- Texas Natural Resources Code Section 113.286 - Alternative Fuels Conversion Fund
(a) The alternative fuels conversion fund is in the state treasury. (b) To the extent permitted by federal law or regulations, the council may use ...
- Texas Natural Resources Code Section 113.287 - Fuels Conversion Loan Program
(a) The council may make loans, grants, or other distributions to eligible borrowers to fund conversion or infrastructure projects to promote the use of environmentally ...
- Texas Natural Resources Code Section 113.288 - Interest Amounts
(a) The council may loan money under this subchapter at no interest to a state agency, county, municipality, school district, or mass transit authority or ...
- Texas Natural Resources Code Section 113.289 - Term Of Loan
A loan under this subchapter must be repaid not later than the fifth anniversary of the date the loan was issued. Added by Acts 1993, ...
- Texas Natural Resources Code Section 113.290 - Transfer Of Vehicle Or Other Property Converted With Loan Proceeds
A borrower may not transfer to another person a vehicle or other property converted to alternative fuel use with the proceeds of a loan under ...
- Texas Natural Resources Code Section 113.301 - Limitation Of Liability Of Licensed Installer Or Servicer
A person is not liable for damages caused solely by a malfunction or improper operation of an LPG system that the person installed or serviced ...
- Texas Natural Resources Code Section 113.351 - Definitions
In this subchapter: (1) "School district" means: (A) an entity created under the laws of this state and accredited by the Texas Education Agency under ...
- Texas Natural Resources Code Section 113.352 - Duty To Test For Leakage
(a) Each school district shall perform pressure tests for leakage on the LP-gas piping system in each school district facility at least biennially. The tests ...
- Texas Natural Resources Code Section 113.353 - Requirements Of Test
(a) The school district shall perform the pressure test to determine whether the LP-gas piping system holds at least the amount of pressure specified by ...
- Texas Natural Resources Code Section 113.354 - Notice Of Test
(a) A school district shall provide written notice to the commission specifying the date and the result of each pressure test or other inspection of ...
- Texas Natural Resources Code Section 113.355 - Termination Of Service
A supplier shall terminate service to a school district facility if: (1) the supplier receives official notification from the firm or individual conducting the test ...
- Texas Natural Resources Code Section 113.356 - Report To Board Of Trustees
An identified LP-gas leakage in a school district facility shall be reported to the board of trustees of the district in which the facility is ...
- Texas Natural Resources Code Section 113.357 - Enforcement
The commission shall enforce this subchapter. Added by Acts 2001, 77th Leg., ch. 1233, § 53, eff. Sept. 1, 2001. ...
- Texas Natural Resources Code Section 114.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Liquid hydrocarbons" means unrefined oil or condensate, and refined oil or condensate to ...
- Texas Natural Resources Code Section 114.002 - Applicability Of Chapter
This chapter does not apply to: (1) a common carrier as defined by and regulated under Chapter 111 of the Natural Resources Code; or (2) ...
- Texas Natural Resources Code Section 114.011 - Cargo Manifest Required
A cargo manifest must be carried in each oil tanker vehicle transporting liquid hydrocarbons on a public highway in this state and must be presented ...
- Texas Natural Resources Code Section 114.012 - Contents Of Cargo Manifest
For each load of liquid hydrocarbons loaded onto and transported by an oil tanker vehicle, the cargo manifest must include: (1) an identification of the ...
- Texas Natural Resources Code Section 114.013 - Copy Of Cargo Manifest Left At Lease Or Facility
(a) A copy of the cargo manifest must be left at the lease or facility from which the liquid hydrocarbons were removed or delivered to ...
- Texas Natural Resources Code Section 114.014 - Cargo Manifest Records
After the delivery of all liquid hydrocarbons in an oil tanker vehicle is completed, the cargo manifest must be maintained in the records of the ...
- Texas Natural Resources Code Section 114.101 - Authority To Examine Cargo Manifests
The commission, its designated agents or employees, or a peace officer may examine a cargo manifest, whether it is on an oil tanker vehicle or ...
- Texas Natural Resources Code Section 114.102 - Criminal Offenses
(a) A person commits an offense if the person knowingly or intentionally: (1) fails to leave a copy of the cargo manifest or other document ...
- Texas Natural Resources Code Section 115.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Commission order" includes a rule or order adopted by the commission under the ...
- Texas Natural Resources Code Section 115.002 - Exception
This chapter does not apply to the retail purchase of a petroleum product if that product is: (1) contained in the ordinary equipment of a ...
- Texas Natural Resources Code Section 115.003 - Definition Of Unlawful Oil; Presumption
(a) For purposes of this chapter, oil is unlawful if the oil is: (1) produced in this state from a well in excess of the ...
- Texas Natural Resources Code Section 115.011 - Tender Requirements
The commission by order may require that a tender be obtained before oil or a petroleum product may be transported or received for transportation by ...
- Texas Natural Resources Code Section 115.012 - Tender; Application Requirements
(a) The commission by order shall prescribe the form of a tender and a tender application. (b) The form must show: (1) the name and ...
- Texas Natural Resources Code Section 115.013 - Action On Tender Application
(a) If an agent of the commission rejects an application for a tender, the agent shall return a copy of the application to the applicant ...
- Texas Natural Resources Code Section 115.014 - Judicial Review
(a) A person whose tender application is rejected may appeal that action by filing a petition against the commission in a district court of Travis ...
- Texas Natural Resources Code Section 115.015 - Transfer Under Tender
(a) A person who obtains a tender may not transport or deliver, or cause or permit to be transported or delivered, any more or any ...
- Texas Natural Resources Code Section 115.016 - Issuance Of Manifest
(a) A person who obtains a tender required under this subchapter shall sign and issue a manifest to the operator of each motor vehicle used ...
- Texas Natural Resources Code Section 115.017 - Form Of Manifest
(a) The commission by order may prescribe the form of a manifest. (b) A manifest must: (1) bear a certificate signed by the shipper that ...
- Texas Natural Resources Code Section 115.018 - Transfer Under Manifest; Restrictions
(a) A person authorized to transport oil or a petroleum product on a manifest issued by a shipper may not receive: (1) a commodity for ...
- Texas Natural Resources Code Section 115.019 - Receipt Required
A person who transports oil or a petroleum product by motor vehicle under conditions that require a tender or manifest shall obtain a receipt from ...
- Texas Natural Resources Code Section 115.020 - Records; Inspection
(a) A person who transports by motor vehicle and delivers oil or a petroleum product shall keep in this state for two years each tender ...
- Texas Natural Resources Code Section 115.031 - Forfeiture Authorized
Unlawful oil and unlawful petroleum products, regardless of the date of production or manufacture, are declared to be a nuisance and shall be forfeited to ...
- Texas Natural Resources Code Section 115.032 - Report To Attorney General
On the discovery of unlawful oil or an unlawful petroleum product, a member of the commission, an agent or employee of the commission, or a ...
- Texas Natural Resources Code Section 115.033 - Action In Rem
(a) If the attorney general is advised of the presence of unlawful oil or an unlawful petroleum product, the attorney general shall bring an action ...
- Texas Natural Resources Code Section 115.034 - Forfeiture Sale
(a) If, on the trial of the action, the oil or petroleum product in controversy is found to be unlawful, the court shall render judgment ...
- Texas Natural Resources Code Section 115.041 - Enforcement; Arrests
(a) To enforce this chapter, an agent of the commission or a peace officer of this state who has probable cause and reasonable grounds to ...
- Texas Natural Resources Code Section 115.042 - Publication Of Commission Order Prior To Enforcement
A criminal action may not be maintained against a person involving the violation of a rule or order that the commission adopts, modifies, or amends ...
- Texas Natural Resources Code Section 115.043 - Certificate As Evidence
(a) A certificate that sets forth the terms of a commission order and states that the order has been adopted and published and was in ...
- Texas Natural Resources Code Section 115.044 - Service Of Process
(a) In an action or proceeding that involves the enforcement of this chapter or a commission order, a Texas Ranger or agent of the commission ...
- Texas Natural Resources Code Section 115.045 - Pleading; Proof
(a) In a complaint, information, or indictment that alleges a violation of a commission order, it is unnecessary to set forth fully the terms of ...
- Texas Natural Resources Code Section 115.046 - Venue
A criminal action maintained under this chapter must be brought in: (1) the county in which the oil or petroleum product involved in the criminal ...
- Texas Natural Resources Code Section 115.047 - Penalties
(a) A person commits an offense if the person is the operator of a motor vehicle that transports oil or a petroleum product and the ...
- Texas Natural Resources Code Section 116.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Compressed natural gas" or "CNG" means natural gas primarily consisting of methane in ...
- Texas Natural Resources Code Section 116.002 - Exceptions
This chapter does not apply to: (1) the production, transportation, storage, sale, or distribution of natural gas that is not included in the definition of ...
- Texas Natural Resources Code Section 116.011 - Administration
The commission shall administer and enforce this chapter and rules and standards adopted under this chapter relating to compressed natural gas and liquefied natural gas. ...
- Texas Natural Resources Code Section 116.012 - Rules And Standards
To protect the health, safety, and welfare of the general public, the commission shall adopt necessary rules and standards relating to the work of compression ...
- Texas Natural Resources Code Section 116.013 - National Codes
The commission may adopt by reference in its rules all or part of the published codes of nationally recognized societies as standards to be met ...
- Texas Natural Resources Code Section 116.014 - Fees
(a) Fees collected by the commission under Section 116.034 of this code for training, examinations, and seminars must be deposited in a special fund in ...
- Texas Natural Resources Code Section 116.015 - Entry On Property; Inspection And Investigation
(a) An employee, agent, or inspector of the commission may enter the premises of a licensee under this chapter or any building or other premises ...
- Texas Natural Resources Code Section 116.016 - Limitations On Rulemaking Authority
(a) The commission may not adopt rules restricting advertising or competitive bidding by a licensee or registrant except to prohibit false, misleading, or deceptive practices. ...
- Texas Natural Resources Code Section 116.031 - License Requirement
(a) Unless otherwise provided in this chapter or by commission rule, a person shall be required to obtain a license from the commission to engage ...
- Texas Natural Resources Code Section 116.032 - License And Registration Fees
(a) The commission shall adopt rules establishing registration fees and license categories and license fees to be charged for application for and issuance and renewal ...
- Texas Natural Resources Code Section 116.033 - Application And Renewal Procedures
(a) The commission shall adopt rules establishing procedures for submitting and processing applications for issuance and renewal of licenses and for registration. (b) A person ...
- Texas Natural Resources Code Section 116.034 - Examination And Seminar Requirements
(a) The commission may adopt rules providing training and seminar attendance requirements and shall adopt rules providing examination requirements for persons who are required or ...
- Texas Natural Resources Code Section 116.0345 - License Or Registration By Endorsement
The commission may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant ...
- Texas Natural Resources Code Section 116.0346 - Provisional License Or Registration
(a) The commission may issue a provisional license or registration to an applicant currently licensed or registered in another jurisdiction who seeks a license or ...
- Texas Natural Resources Code Section 116.035 - Denial Of License
The commission may deny issuance or renewal of a license or registration to any person who fails to qualify under the requirements of this chapter ...
- Texas Natural Resources Code Section 116.036 - Insurance Requirement
(a) All licensees must acquire and maintain appropriate workers' compensation or coverage for its employees under policies of work-related accident, disability, and health insurance, including ...
- Texas Natural Resources Code Section 116.037 - Disciplinary Action
(a) The commission shall notify a licensee or registrant in writing if it finds probable violation or noncompliance with this chapter or the rules adopted ...
- Texas Natural Resources Code Section 116.038 - Staggered Renewal Of Licenses
The commission by rule may adopt a system under which license and registration fees required by Section 116.032 of this code expire on various dates ...
- Texas Natural Resources Code Section 116.071 - Registration Rules
The commission shall adopt rules relating to the registration of motor vehicles that are equipped with a CNG or LNG cargo tank and motor vehicles ...
- Texas Natural Resources Code Section 116.072 - Registration
(a) Each motor vehicle that is equipped with a CNG or LNG cargo tank and each motor vehicle used principally to transport CNG or LNG ...
- Texas Natural Resources Code Section 116.073 - Safety Rules
The commission shall adopt safety rules relating to the transportation of compressed natural gas and liquefied natural gas in this state. Added by Acts 1983, ...
- Texas Natural Resources Code Section 116.074 - Cooperation Of The Department Of Public Safety
The Department of Public Safety shall cooperate with the commission in administering and enforcing this chapter and rules of the commission relating to regulation of ...
- Texas Natural Resources Code Section 116.075 - Application Of Other Laws
This chapter and the rules adopted under this chapter do not modify, amend, or repeal any laws of this state relating to the regulation of ...
- Texas Natural Resources Code Section 116.101 - Malodorants
Compressed natural gas must be odorized as provided by Subchapter F, Chapter 121, Utilities Code. Added by Acts 1983, 68th Leg., p. 487, ch. 99, ...
- Texas Natural Resources Code Section 116.102 - Testing Laboratories
The commission shall adopt rules relating to testing of CNG and LNG equipment and to the qualifications required of the persons who are to perform ...
- Texas Natural Resources Code Section 116.103 - Warning Tags
(a) An employee, agent, or inspector of the commission may declare unsafe or dangerous for service any motor vehicle required to be registered under this ...
- Texas Natural Resources Code Section 116.141 - Injunctive Relief
(a) On request of the commission, the attorney general shall bring suit in the name of the state to enjoin a person from violating this ...
- Texas Natural Resources Code Section 116.142 - Criminal Penalty
(a) A person who knowingly violates this chapter or rules adopted by the commission under this chapter commits an offense. (b) An offense under this ...
- Texas Natural Resources Code Section 116.143 - Administrative Penalty
(a) If a person violates this chapter, a rule of the commission adopted under this chapter, or a term, condition, or provision of a license ...
- Texas Natural Resources Code Section 116.144 - Penalty Assessment Procedure
(a) A civil penalty under Section 116.145 of this code may be assessed only after the person charged with the violation has been given an ...
- Texas Natural Resources Code Section 116.145 - Payment Of Penalty; Refund
(a) On the issuance of notice or an order charging that a violation has occurred, the commission shall inform the person charged within 30 days ...
- Texas Natural Resources Code Section 116.146 - Recovery Of Penalty
Civil penalties owed under Sections 116.143 through 116.145 of this code may be recovered in a civil action brought by the attorney general at the ...
- Texas Natural Resources Code Section 117.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Hazardous liquid" means: (A) petroleum or any petroleum product; and (B) any substance ...
- Texas Natural Resources Code Section 117.011 - Jurisdiction
(a) The commission has jurisdiction over all pipeline transportation of hazardous liquids or carbon dioxide and over all hazardous liquid or carbon dioxide pipeline facilities ...
- Texas Natural Resources Code Section 117.012 - Rules And Standards
(a) The commission shall adopt rules that include safety standards for and practices applicable to the intrastate transportation of hazardous liquids or carbon dioxide by ...
- Texas Natural Resources Code Section 117.013 - Records And Reports
(a) Each owner or operator of a pipeline engaged in the transportation of hazardous liquids or carbon dioxide within this state shall maintain records, make ...
- Texas Natural Resources Code Section 117.014 - Inspection And Examination Of Records And Property
(a) The commission and its employees and designated agents may enter property on which is located pipeline facilities or any other property relating to the ...
- Texas Natural Resources Code Section 117.015 - Compliance With Federal Law
The commission shall make reports and certifications to the United States Department of Transportation and shall take any other actions necessary to comply with the ...
- Texas Natural Resources Code Section 117.051 - Civil Penalty
A person who violates this chapter or a rule adopted by the commission under this chapter is subject to a civil penalty of not less ...
- Texas Natural Resources Code Section 117.052 - Enforcement By Commission And Attorney General
(a) If it appears that a rule of the commission has been or is being violated, the commission may have a civil suit instituted in ...
- Texas Natural Resources Code Section 117.053 - Criminal Penalty For Violation Of Chapter And Rules
(a) A person who intentionally violates this chapter or a rule adopted under this chapter commits an offense. (b) An offense under this section is ...
- Texas Natural Resources Code Section 117.054 - Criminal Penalty For Injuring Or Destroying Pipeline Facilities
(a) A person who intentionally injures or destroys or attempts to injure or destroy any pipeline facility in this state commits an offense. (b) An ...
- Texas Natural Resources Code Section 117.101 - Limitations On Powers Of Cities
(a) Except as otherwise provided by this subchapter, this chapter may not be construed to reduce, limit, or impair the authority provided by law to ...
- Texas Natural Resources Code Section 117.102 - Authority Of City To Assess Charges
(a) Except as otherwise provided by this section, a city may not assess a charge for the placement, construction, maintenance, repair, replacement, operation, use, relocation, ...
- Texas Natural Resources Code Section 118.001 - Authority To Require Plan For Pipeline Assessment Or Testing
(a) The Railroad Commission of Texas by rule may require an operator to file for commission approval a plan for assessment or testing of a ...
- Texas Natural Resources Code Section 118.002 - Pipelines For Which Plan May Be Required
(a) Except as provided by Subsection (b), the rules adopted under this chapter may apply to interstate pipelines, intrastate pipelines, portions of pipeline systems the ...
- Texas Natural Resources Code Section 118.003 - Contents Of Plan
The rules adopted under this chapter may require that a plan include: (1) an identification of risk factors associated with a pipeline system, including population ...
- Texas Natural Resources Code Section 118.004 - Approval Of Plan
The Railroad Commission of Texas may approve a plan that complies with rules adopted under this chapter. Added by Acts 2001, 77th Leg., ch. 1233, ...
- Texas Natural Resources Code Section 118.005 - Consequences Of Plan Approval
The approval of a plan by the Railroad Commission of Texas does not constitute a certification or representation that the pipeline is in compliance with ...
- Texas Natural Resources Code Section 119.001 - Definitions
In this chapter: (1) "Clean coal project" has the meaning assigned by Section 5.001, Water Code. (2) "Commission" means the Railroad Commission of Texas. Added ...
- Texas Natural Resources Code Section 119.002 - Acquisition Of Carbon Dioxide
(a) The commission shall acquire title to carbon dioxide captured by a clean coal project. (b) The right, title, and interest in carbon dioxide acquired ...
- Texas Natural Resources Code Section 119.003 - Transfer Costs
Carbon dioxide transferred to the state under Section 119.002 shall be transferred to the state without cost, other than administrative and legal costs incurred in ...
- Texas Natural Resources Code Section 119.004 - Liability
The transfer of title to the state under Section 119.002 does not relieve an owner or operator of a clean coal project of liability for ...
- Texas Natural Resources Code Section 119.005 - Sale Of Carbon Dioxide For Beneficial Use
(a) The commission may sell, for enhanced oil recovery or other beneficial use, carbon dioxide that is: (1) captured by a clean coal project; and ...
- Texas Natural Resources Code Section 119.006 - Indemnification
The University of Texas System and the permanent university fund may enter into a lease with the commission, or an owner or operator of a ...
- Texas Natural Resources Code Section 131.001 - Short Title
This chapter may be cited as the Texas Uranium Surface Mining and Reclamation Act. Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 131.002 - Declaration Of Policy
The legislature finds and declares that: (1) the extraction of minerals by surface mining operations is a basic and essential activity making an important contribution ...
- Texas Natural Resources Code Section 131.003 - Purposes
It is declared to be the purpose of this chapter: (1) to prevent the adverse effects to society and the environment resulting from unregulated surface ...
- Texas Natural Resources Code Section 131.004 - Definitions
In this chapter: (1) "Minerals" means uranium and uranium ore. (2) "Surface mining" means the mining of minerals by removing the overburden lying above the ...
- Texas Natural Resources Code Section 131.005 - Reclamation
(a) The basic objective of reclamation is to reestablish on a continuing basis, where required, vegetation and other natural conditions consistent with the anticipated subsequent ...
- Texas Natural Resources Code Section 131.006 - Exclusions And Exemptions
The provisions of this chapter do not apply to the following: (1) surface mining operations conducted on public land regulated by the General Land Office ...
- Texas Natural Resources Code Section 131.021 - General Authority Of Commission
In seeking to accomplish the purposes of this chapter, the commission shall have the authority: (1) to adopt and amend rules pertaining to surface mining ...
- Texas Natural Resources Code Section 131.022 - Jurisdiction Of Commission
The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining operations in ...
- Texas Natural Resources Code Section 131.023 - Commission Procedure
The commission shall seek the accomplishment of the purposes of this chapter by all practicable methods. Acts 1977, 65th Leg., p. 2611, ch. 871, art. ...
- Texas Natural Resources Code Section 131.024 - Compliance With Federal Surface Mining Laws
(a) On passage of federal surface mining legislation, the commission shall take actions necessary to establish the exclusive jurisdiction of this state over the regulation ...
- Texas Natural Resources Code Section 131.025 - Hearing Procedure
At a hearing under this chapter, the commission may: (1) administer oaths or affirmations; (2) subpoena witnesses and compel their attendance; (3) take evidence; and ...
- Texas Natural Resources Code Section 131.033 - Differing Terms And Provisions Of Rules
A rule or an amendment of a rule adopted by the commission may differ in its terms and provisions between particular conditions, particular mining techniques, ...
- Texas Natural Resources Code Section 131.034 - Exploration Activities
The commission shall promulgate rules in the manner provided in Sections 131.026 through 131.031 of this code for the conduct of exploration activities. Acts 1977, ...
- Texas Natural Resources Code Section 131.035 - Rules Designating Unsuitable Land
(a) The commission shall develop rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types ...
- Texas Natural Resources Code Section 131.036 - Survey Of Land
(a) When application is made to conduct surface mining operations and before a permit is issued, the commission shall immediately have the areas to be ...
- Texas Natural Resources Code Section 131.037 - Commission Statement
Before designating a land area as unsuitable for surface mining operations, the commission shall prepare a detailed statement on the potential mineral and other resources ...
- Texas Natural Resources Code Section 131.038 - Reasons For Unsuitable Designation
After the survey is made, an area may be designated unsuitable for all or certain types of surface mining if: (1) the commission determines that ...
- Texas Natural Resources Code Section 131.039 - Petition And Hearing On Designation
(a) Any person is entitled to petition the commission to have an area designated as unsuitable for surface mining operations or to have the designation ...
- Texas Natural Resources Code Section 131.040 - Modifying, Amending, And Terminating Designations
The commission may modify, amend, or terminate a designation pursuant to the requirements of Sections 131.035 through 131.039 of this code. Acts 1977, 65th Leg., ...
- Texas Natural Resources Code Section 131.041 - Applicability Of Subchapter
The provisions of Sections 131.035 through 131.040 of this code do not apply to land on which surface mining operations were being conducted on June ...
- Texas Natural Resources Code Section 131.042 - Records, Reports, Monitoring Equipment, And Information
The commission shall require each permittee to: (1) establish and maintain appropriate records; (2) make reports as frequently as the commission may prescribe; (3) install, ...
- Texas Natural Resources Code Section 131.043 - Inspection By Commission
Without advance notice and on presentation of appropriate credentials to the operation supervisor, if present, the authorized representatives of the commission are entitled to enter ...
- Texas Natural Resources Code Section 131.044 - Time And Procedures For Inspections
(a) The inspections by the commission shall occur on an irregular basis at a frequency necessary to insure compliance with the intent and purposes of ...
- Texas Natural Resources Code Section 131.045 - Sign
Each permittee shall maintain at the entrances to the surface mining and reclamation operations a clearly visible sign that sets forth the name, business address, ...
- Texas Natural Resources Code Section 131.046 - Procedure On Detection Of Violation
On detection of each violation of a requirement of this chapter, each inspector shall inform the operator of the violation orally at the time of ...
- Texas Natural Resources Code Section 131.047 - Judicial Review
(a) Any party to the administrative proceedings whose interest is or may be adversely affected by a ruling, order, decision, or other act of the ...
- Texas Natural Resources Code Section 131.048 - Confidentiality
Information submitted to the commission concerning mineral deposits, test borings, core samplings, or trade secrets or privileged commercial or financial information relating to the competitive ...
- Texas Natural Resources Code Section 131.049 - Temporary Orders Prior To Notice And Hearing
(a) The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the ...
- Texas Natural Resources Code Section 131.101 - Reclamation Plan
(a) A reclamation plan shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies. (b) ...
- Texas Natural Resources Code Section 131.102 - Reclamation Standards
(a) A permit issued under this chapter to conduct surface mining operations shall require that the surface mining operations meet all applicable reclamation standards of ...
- Texas Natural Resources Code Section 131.131 - Permit Required For Operation
(a) No person shall conduct a surface mining operation unless he first obtains a surface mining permit issued by the commission under this subchapter; provided, ...
- Texas Natural Resources Code Section 131.132 - Form Of Permit Application
On application to the commission for a surface mining permit, an operator shall submit three copies of a permit application on a form prescribed by ...
- Texas Natural Resources Code Section 131.133 - Required Information
The permit application shall include information concerning: (1) the name, address, ownership, and management officers of the permit applicant and affiliated persons engaged in surface ...
- Texas Natural Resources Code Section 131.134 - Documents To Be Included With Application
An applicant shall include with his permit application a copy of a reclamation plan prepared as provided in Section 131.101 of this code and a ...
- Texas Natural Resources Code Section 131.135 - Application Fees
(a) Each application for a surface mining permit shall be accompanied by an initial application fee as determined by the commission in accordance with a ...
- Texas Natural Resources Code Section 131.136 - Amendment To Permit Application
A permit application may be amended to exclude the part of an operation that lies within an area designated as unsuitable for surface mining under ...
- Texas Natural Resources Code Section 131.137 - Combined Permit Application
(a) The commission shall adopt rules permitting an operator of more than one noncontiguous surface mining operation to submit a single application for a combined ...
- Texas Natural Resources Code Section 131.138 - Filing Application With County Clerk
After deleting confidential information as provided in Section 131.048 of this code, the commission shall file for public inspection with the county clerk at the ...
- Texas Natural Resources Code Section 131.139 - Submission Of Application To Agencies For Comment
(a) The commission immediately shall submit copies of the permit application to the Parks and Wildlife Department, Texas Natural Resource Conservation Commission, General Land Office, ...
- Texas Natural Resources Code Section 131.140 - Approval Of Permit
(a) The commission shall grant a surface mining permit if it is established that the permit application complies with the requirements of this chapter and ...
- Texas Natural Resources Code Section 131.141 - Denial Of A Permit
The commission shall deny a permit if: (1) it finds that the reclamation as required by this chapter cannot be accomplished by means of the ...
- Texas Natural Resources Code Section 131.142 - Term And Transferability Of Permit
(a) A surface mining permit issued under this chapter for uranium and uranium ore shall be issued for a term of not more than 10 ...
- Texas Natural Resources Code Section 131.143 - Liability Insurance Policy
(a) After a permit application is approved but before the permit is issued, the applicant shall file a certificate of insurance certifying that the applicant ...
- Texas Natural Resources Code Section 131.144 - Rules For Revision, Transfer, And Renewal Of Permits
The commission shall promulgate rules for renewal, revision, and transfer of surface mining permits. Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, § ...
- Texas Natural Resources Code Section 131.145 - Right To Renewal
A valid surface mining permit issued under this chapter carries with it the right of successive renewal on expiration with respect to area within the ...
- Texas Natural Resources Code Section 131.146 - Application For And Issuance Of Renewal
The holder of a permit may apply for renewal and the renewal shall be issued on the basis of the following requirements and written findings ...
- Texas Natural Resources Code Section 131.147 - Renewal Application Fee
(a) Each application for renewal of a surface mining permit shall be accompanied by a renewal application fee as determined by the commission in accordance ...
- Texas Natural Resources Code Section 131.148 - Extension Of Permit Coverage
If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, ...
- Texas Natural Resources Code Section 131.149 - Term Of Renewal Permit
A surface mining permit renewal shall be for a term not to exceed the period of the original permit established under this chapter. Acts 1977, ...
- Texas Natural Resources Code Section 131.150 - Time Limit For Renewal Application
Application for permit renewal shall be made at least 90 days before the expiration of the valid permit. Acts 1977, 65th Leg., p. 2623, ch. ...
- Texas Natural Resources Code Section 131.151 - Revision Of Permit
During the term of a surface mining permit, the permittee may submit an application, together with a revised reclamation plan, to the commission for a ...
- Texas Natural Resources Code Section 131.152 - Approval Or Disapproval Of Permit Revision
No application for a revision of a permit may be approved unless the commission finds that reclamation as required under this chapter can be accomplished ...
- Texas Natural Resources Code Section 131.153 - Guidelines For Revision
(a) The commission shall establish by rule guidelines for a determination of the scale or extent of a revision request to which all permit application ...
- Texas Natural Resources Code Section 131.154 - Extensions To Area
Except for incidental boundary revisions, an extension to the area covered by a permit must be made by application for another permit or for revision ...
- Texas Natural Resources Code Section 131.155 - Transfer Of Permit
(a) No transfer, assignment, or sale of the rights granted under a permit issued under this chapter shall be made without the written approval of ...
- Texas Natural Resources Code Section 131.156 - Required Information For Transfer
As part of the information for transfer, the commission shall require: (1) the information required by Subdivisions (1) and (4) of Section 131.133 of this ...
- Texas Natural Resources Code Section 131.157 - Approval Of Transfer
After notice and an opportunity for a public hearing, if required under Sections 131.159 and 131.163 of this code, and on a written finding by ...
- Texas Natural Resources Code Section 131.158 - Denial Of Application For Transfer
An application for transfer shall be denied if the applicant has had a permit issued under this chapter revoked or a bond posted to comply ...
- Texas Natural Resources Code Section 131.159 - Notice By Applicant
(a) At the time an application for a surface mining permit or an application for revision, renewal, or transfer of an existing surface mining permit ...
- Texas Natural Resources Code Section 131.160 - Notification By Commission
The commission shall contact various local governmental bodies, planning agencies, sewage, and water treatment authorities or water companies that have jurisdiction over or in the ...
- Texas Natural Resources Code Section 131.161 - Comments
(a) Within 30 days after the last publication as provided in Section 131.159 of this code, each local body, agency, authority, or company may submit ...
- Texas Natural Resources Code Section 131.162 - Written Objections
(a) Within 30 days after the last publication of notice under Section 131.159 of this code, a person affected or a federal, state, or local ...
- Texas Natural Resources Code Section 131.163 - Notice And Public Hearing
(a) If the commission determines that the application for a surface mining permit is of a significance sufficient to warrant a public hearing, the commission ...
- Texas Natural Resources Code Section 131.165 - Procedure
The commission shall comply with the Administrative Procedure and Texas Register Act in all proceedings under this chapter except where inconsistent with this chapter. Acts ...
- Texas Natural Resources Code Section 131.201 - Performance Bond Requirement
(a) After a surface mining permit application has been approved but before the permit is issued, the applicant shall file with the commission, on a ...
- Texas Natural Resources Code Section 131.202 - Amount Of Performance Bond
(a) The amount of the bond required for each bonded area depends on the reclamation requirements of the approved permit and shall be determined by ...
- Texas Natural Resources Code Section 131.203 - Bond Without Surety
The commission may accept the bond of the operator itself, without separate surety, if the operator demonstrates to the satisfaction of the commission the existence ...
- Texas Natural Resources Code Section 131.204 - Extent Of Liability Under Bond
Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant ...
- Texas Natural Resources Code Section 131.205 - Security For Bond
(a) The bond shall be executed by the operator and a corporate surety licensed to do business in this state, or the operator may elect ...
- Texas Natural Resources Code Section 131.206 - Increase Or Decrease Of Bond
(a) The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or substitute collateral may be increased or ...
- Texas Natural Resources Code Section 131.207 - Forfeiture Of Operator's Performance Bond
On issuance of a final order revoking an operator's permit for failure to comply with an order of the commission to take action as required ...
- Texas Natural Resources Code Section 131.208 - Application For Release Of Performance Bond Or Deposit
(a) At any time, an operator may file an application with the commission for the release of all or part of the performance bond or ...
- Texas Natural Resources Code Section 131.209 - Notice
(a) The operator shall submit a copy of a notice that has been published once a week for four consecutive weeks in the newspaper of ...
- Texas Natural Resources Code Section 131.210 - Inspection And Evaluation
(a) On receipt of the notice and request, the commission shall conduct an inspection and evaluation of the reclamation work involved, the inspection and evaluation ...
- Texas Natural Resources Code Section 131.211 - Basis For Release Of Bond Or Deposit
The commission may release in whole or part the bond or deposit if it is satisfied that reclamation covered by the bond or deposit or ...
- Texas Natural Resources Code Section 131.212 - Disapproval Of Application For Bond Or Deposit Release
If the commission disapproves the application for release of the bond or deposit or a portion of the bond or deposit, it shall notify the ...
- Texas Natural Resources Code Section 131.213 - Notice Of Release To Local Governmental Agency
Within 30 days after an application for total or partial bond or deposit release is filed with the commission, the commission shall notify the local ...
- Texas Natural Resources Code Section 131.214 - Objections To Release
(a) Any person or the officer or head of a federal, state, or local governmental agency is entitled to file written objections to the proposed ...
- Texas Natural Resources Code Section 131.231 - Land Reclamation Fund
(a) Money received through the payment of fees, loans, grants, gifts, penalties, bond forfeitures, and other money received by the commission shall be deposited in ...
- Texas Natural Resources Code Section 131.232 - Appropriation
Money for the operation of the commission under this chapter shall be appropriated by the legislature. Acts 1977, 65th Leg., p. 2630, ch. 871, art. ...
- Texas Natural Resources Code Section 131.233 - Use Of Proceeds From Bond Forfeitures And Penalties
Proceeds from the forfeiture of bonds and penalties recovered shall be spent to reclaim land as provided in this chapter with respect to which the ...
- Texas Natural Resources Code Section 131.234 - Reclamation Of Land
(a) In the reclamation of land affected by surface mining for which funds are available, the commission may use services of other state agencies or ...
- Texas Natural Resources Code Section 131.261 - Conditions, Practices, And Violations Creating Imminent Danger Or Causing Imminent Harm
(a) On the basis of any inspection, if the commission or its authorized representative or agent determines that a condition or practice exists or that ...
- Texas Natural Resources Code Section 131.262 - Violations Not Creating Imminent Danger Or Causing Imminent Harm
(a) On the basis of an inspection, if the commission or its authorized representative or agent determines that a permittee is in violation of a ...
- Texas Natural Resources Code Section 131.263 - Continuous Violations
(a) On the basis of an inspection, if the commission has reason to believe that a pattern of violations of any requirements of this chapter ...
- Texas Natural Resources Code Section 131.264 - Form Of Notices And Orders
(a) Notices and orders issued under Sections 131.261 through 131.263 of this code shall set forth with reasonable specificity: (1) the nature of the violation ...
- Texas Natural Resources Code Section 131.265 - Civil Actions
(a) The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other ...
- Texas Natural Resources Code Section 131.266 - Injunctive Relief And Civil Penalty
(a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or ...
- Texas Natural Resources Code Section 131.2661 - Administrative Penalty
(a) If a person violates a permit of this chapter and the violation results in pollution of the air or water of this state or ...
- Texas Natural Resources Code Section 131.2662 - Penalty Assessment Procedure
(a) A civil penalty may be assessed only after the person charged with a violation described under Section 131.2661 of this code has been given ...
- Texas Natural Resources Code Section 131.2663 - Payment Of Penalty; Refund
(a) On the issuance of notice or an order finding that a violation has occurred, the commission shall inform the person charged within 30 days ...
- Texas Natural Resources Code Section 131.2664 - Recovery Of Penalty
Civil penalties owed under Sections 131.2661-131.2663 of this code may be recovered in a civil action brought by the attorney general at the request of ...
- Texas Natural Resources Code Section 131.267 - Criminal Penalty For Violating Permits And Orders
A person who wilfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order ...
- Texas Natural Resources Code Section 131.268 - Criminal Penalty For Corporate Permittee
If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under ...
- Texas Natural Resources Code Section 131.269 - Criminal Penalty For False Statement, Representation, Or Certification
A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, ...
- Texas Natural Resources Code Section 131.270 - Recovery Of Civil Penalties
(a) The commission may request the attorney general to institute a suit to recover civil or criminal penalties or to obtain injunctive relief or for ...
- Texas Natural Resources Code Section 131.301 - Discharge Rules, Orders, And Permits
To prevent the pollution of surface and subsurface water in the state, the commission shall adopt rules and may issue orders and permits relating to ...
- Texas Natural Resources Code Section 131.302 - Access To Property And Records
Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions associated with any uranium exploration ...
- Texas Natural Resources Code Section 131.303 - Injunctive Relief And Civil Penalty
If a person violates or threatens to violate a rule, order, or permit issued by the commission under this subchapter, the commission may request the ...
- Texas Natural Resources Code Section 131.304 - Administrative Penalty
A person who violates a rule, order, or permit issued by the commission under this subchapter may be assessed a civil penalty by the commission. ...
- Texas Natural Resources Code Section 131.305 - Criminal Penalty
A person who knowingly, willfully, or with criminal negligence violates a rule, order, or permit issued by the commission under this subchapter commits an offense ...
- Texas Natural Resources Code Section 132.001 - Adoption Of Compact
The Interstate Mining Compact is enacted into law and entered into with all other jurisdictions legally joining in the compact in the form provided in ...
- Texas Natural Resources Code Section 132.002 - Text Of Compact
The Interstate Mining Compact reads as follows: INTERSTATE MINING COMPACT ARTICLE I. FINDINGS AND PURPOSES (a) The party states find that: (1) Mining and the ...
- Texas Natural Resources Code Section 132.003 - Establishment And Duties Of Texas Mining Council
The Texas Mining Council is established in the office of the governor and shall perform the duties of the advisory board provided in Section (a), ...
- Texas Natural Resources Code Section 132.004 - Membership Of Texas Mining Council
(a) The Texas Mining Council is composed of 11 members appointed by the governor. (b) Each member of the Texas Mining Council shall be a ...
- Texas Natural Resources Code Section 132.0041 - Limitations On Council Membership
(a) A member or employee of the council may not be an officer, employee, or paid consultant of a trade association for an industry that ...
- Texas Natural Resources Code Section 132.0042 - Removal Of Council Members
(a) It is a ground for removal from the council if a member: (1) does not have at the time of appointment the qualifications required ...
- Texas Natural Resources Code Section 132.005 - Terms Of Office
Members of the Texas Mining Council shall serve for terms of two years. Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, § 1, ...
- Texas Natural Resources Code Section 132.0051 - Council Chairman
The member of the council selected as the governor's alternate under Section (a), Article V of the Interstate Mining Compact serves as chairman of the ...
- Texas Natural Resources Code Section 132.006 - Compensation And Travel Expenses
(a) The members of the Texas Mining Council are not entitled to compensation for their services. (b) The members of the Texas Mining Council are ...
- Texas Natural Resources Code Section 132.007 - Membership In Employees Retirement System
(a) The Employees Retirement System of Texas may enter into agreements with the Interstate Mining Commission for participation in the retirement system and other benefit ...
- Texas Natural Resources Code Section 132.008 - Filing Bylaws And Amendments
A copy of the bylaws and all amendments to the bylaws of the Interstate Mining Commission promulgated under Section (i), Article V of the Interstate ...
- Texas Natural Resources Code Section 132.0081 - Annual Report
On or before October 1 of each year, the office of the Interstate Mining Compact Commissioner for Texas shall prepare and file with the presiding ...
- Texas Natural Resources Code Section 133.001 - Short Title
This chapter may be cited as the Texas Aggregate Quarry and Pit Safety Act. Added by Acts 1991, 72nd Leg., ch. 668, § 1, eff. ...
- Texas Natural Resources Code Section 133.002 - Purpose
The Legislature of the State of Texas finds that: (1) protection of the public good by requiring safety devices for certain aggregate quarries and pits ...
- Texas Natural Resources Code Section 133.003 - Definitions
In this chapter: (1) "Abandoned" means having relinquished all right, title, claim, and possession with the intent of never again claiming a future right or ...
- Texas Natural Resources Code Section 133.011 - General Authority Of The Commission
To accomplish the limited purposes of this chapter, the commission may: (1) with proper notice to all parties affected, adopt rules and regulations consistent with ...
- Texas Natural Resources Code Section 133.012 - Inventory Of Active, Inactive, And Abandoned Quarries And Pits
(a) The commission shall inventory, classify, and maintain a log according to the degree of hazard, proximity to public roads, age, and current use of ...
- Texas Natural Resources Code Section 133.013 - Determination Of Status
After notice and hearing, the commission may determine whether a quarry or pit has been abandoned, is active, or is inactive. Added by Acts 1991, ...
- Texas Natural Resources Code Section 133.021 - Persons Responsible For Quarry Or Pit
(a) For the purposes of this chapter, the person responsible for a quarry or pit is the current operator of the quarry or pit, except ...
- Texas Natural Resources Code Section 133.031 - Report Of Abandoned Or Inactive Quarry Or Pit
(a) On or before March 1, 1992, the person responsible for an abandoned quarry or pit shall report to the commission. (b) On or before ...
- Texas Natural Resources Code Section 133.032 - Report Of An Active Quarry Or Pit
On or before October 1, 1991, the person responsible for a quarry or pit that is active on June 30, 1991, shall report to the ...
- Texas Natural Resources Code Section 133.033 - Form And Content Of Report
(a) Each report under this chapter must show the location, age, operational status, and current use of the quarry or pit to which the report ...
- Texas Natural Resources Code Section 133.041 - Barriers Required
(a) A person responsible for an active pit must construct a barrier or other device required by this code between a public road adjoining the ...
- Texas Natural Resources Code Section 133.042 - Construction Standards
(a) A barrier constructed under Section 133.041 of this code must: (1) reach a height that the commission determines that under the circumstances will obstruct, ...
- Texas Natural Resources Code Section 133.043 - Construction Costs
(a) The commission shall adopt and implement rules, standards, or procedures necessary to obtain funds that are or may become available under the federal act, ...
- Texas Natural Resources Code Section 133.044 - Prohibition Against Opening Pits
(a) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this ...
- Texas Natural Resources Code Section 133.045 - Safety Certificate Required
(a) A safety certificate is required for an active, inactive, or abandoned quarry or pit that is located in hazardous proximity to a public road ...
- Texas Natural Resources Code Section 133.046 - Form And Contents Of Application
(a) The commission by rule shall prescribe the form of an application for a safety certificate. (b) An application for a safety certificate must contain ...
- Texas Natural Resources Code Section 133.047 - Application Fee
(a) The commission may require the payment of an application fee. (b) The commission shall set the fee in an amount reasonably necessary to cover ...
- Texas Natural Resources Code Section 133.048 - Review Of Application
(a) Not later than the 10th day after the day on which an application for a safety certificate is received, the commission shall review the ...
- Texas Natural Resources Code Section 133.049 - Inspection Of Barriers
Within 15 days of the time in which construction of barriers required by Section 133.041 of this code and described in an approved application is ...
- Texas Natural Resources Code Section 133.050 - Issuance Of Certificate
(a) If, after inspection, the commission determines that the barriers described in an approved application conform with the plan and comply with this subchapter, and ...
- Texas Natural Resources Code Section 133.051 - Transfer Of Certificate After Transfer Of Title
(a) A person holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer ...
- Texas Natural Resources Code Section 133.052 - Recertification After Transfer Of Title
(a) Unless proper transfer affidavit is filed pursuant to this subchapter, or an application for an amended certificate as required by Subsection (b) of this ...
- Texas Natural Resources Code Section 133.053 - Denial Or Revocation Of Certificate
(a) At its option, the commission may not issue or approve the transfer of a certificate to a person who has violated this chapter or ...
- Texas Natural Resources Code Section 133.054 - Cessation Of Active Pit Operations
(a) The responsible party who plans or intends to cease active operations in a quarry or pit subject to the provisions of this code shall, ...
- Texas Natural Resources Code Section 133.081 - Notice Of Violation; Time To Cure
(a) On receipt of a complaint or a violation of this chapter or a rule or order adopted under this chapter or on its own ...
- Texas Natural Resources Code Section 133.082 - Civil Penalty
(a) A person or responsible party who violates this chapter or a rule or order adopted under this chapter after due notice is liable to ...
- Texas Natural Resources Code Section 133.083 - Injunction
(a) The commission may enforce this chapter or a rule or order adopted under this chapter by injunction or other appropriate remedy. (b) On application ...
- Texas Natural Resources Code Section 133.084 - Recovery Of Costs
A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the commission in undertaking ...
- Texas Natural Resources Code Section 133.085 - Procedure
(a) At the request of the commission, the attorney general shall bring suit for injunctive or other relief, to recover a civil penalty or costs ...
- Texas Natural Resources Code Section 133.086 - Disposition Of Penalties And Costs
Money collected under Section 133.082 or 133.084 of this code shall be deposited in the state treasury to the credit of the Texas aggregates quarry ...
- Texas Natural Resources Code Section 133.087 - Compliance
Compliance with this Act shall be admissible as evidence in any legal proceeding. Added by Acts 1991, 72nd Leg., ch. 668, § 1, eff. Aug. ...
- Texas Natural Resources Code Section 133.088 - Governmental Liability
The provisions of this act shall not be construed to impose any liability upon a state governmental entity or county, or their officers or employees. ...
- Texas Natural Resources Code Section 133.091 - County Authority To Regulate
A county with a population of 2.4 million or more may adopt regulations requiring the placement of signs or barriers on aggregate quarries and pits. ...
- Texas Natural Resources Code Section 133.092 - Area Subject To Regulation
A regulation adopted under this subchapter applies only in the unincorporated area of the county. Added by Acts 1993, 73rd Leg., ch. 693, § 9, ...
- Texas Natural Resources Code Section 133.093 - Conflict With Commission Rule
A county may not adopt regulations for aggregate quarries and pits which are regulated by the commission. Added by Acts 1993, 73rd Leg., ch. 693, ...
- Texas Natural Resources Code Section 133.901 - Distance Between Pit And Property Line
(a) Except as provided by Subsection (b), at the time quarrying is completed, the distance from the edge of the consolidated material of a pit ...
- Texas Natural Resources Code Section 134.001 - Short Title
This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act. Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), eff. ...
- Texas Natural Resources Code Section 134.002 - Findings And Declaration Of Policy
The legislature finds and declares that: (1) the Congress of the United States has enacted the federal Act, which provides for the establishment of a ...
- Texas Natural Resources Code Section 134.003 - Purposes
It is the purpose of this chapter: (1) to prevent adverse effects to society and the environment from unregulated surface coal mining operations as defined ...
- Texas Natural Resources Code Section 134.004 - Definitions
In this chapter: (1) "Affected person" means a person having an interest that is or may be affected. (2) "Alluvial valley floors" means the unconsolidated ...
- Texas Natural Resources Code Section 134.005 - Exemptions
(a) This chapter does not apply to the extraction of coal: (1) by a landowner for the landowner's own noncommercial use from land owned or ...
- Texas Natural Resources Code Section 134.006 - Water Rights
This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by ...
- Texas Natural Resources Code Section 134.007 - Conflict Of Interest; Offense
(a) An employee of the commission commits an offense if the employee knowingly: (1) performs a function or duty under this chapter; and (2) has ...
- Texas Natural Resources Code Section 134.008 - Applicability To Governmental Units
An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local ...
- Texas Natural Resources Code Section 134.011 - General Authority Of Commission
To accomplish the purposes of this chapter, the commission may: (1) adopt, amend, and enforce rules pertaining to surface coal mining and reclamation operations consistent ...
- Texas Natural Resources Code Section 134.012 - Jurisdiction Of Commission Over Surface Coal, Iron Ore, And Iron Ore Gravel Mining And Reclamation Operations
(a) The commission has exclusive jurisdiction over: (1) surface coal mining and reclamation operations in this state; and (2) iron ore and iron ore gravel ...
- Texas Natural Resources Code Section 134.013 - Rulemaking And Permitting
(a) The commission shall adopt rules pertaining to surface coal mining and reclamation operations required by this chapter. (b) The process of making and amending ...
- Texas Natural Resources Code Section 134.014 - Coal Exploration Operations
(a) A person who conducts coal exploration operations that substantially disturb the natural land surface shall comply with commission rules adopted to govern those operations. ...
- Texas Natural Resources Code Section 134.015 - Surface Effects Of Underground Mining
(a) The commission shall adopt rules applicable to the surface effects of underground mining that are consistent with the federal Act and regulations adopted under ...
- Texas Natural Resources Code Section 134.016 - Development Of Process For Designating Areas Unsuitable For Surface Coal Mining
The commission shall develop a process for designating areas unsuitable for surface coal mining. The process shall include: (1) reviewing surface coal mining land; (2) ...
- Texas Natural Resources Code Section 134.017 - Petition For Designation
(a) An affected person is entitled: (1) before an application is filed under Section 134.052, to petition the commission to designate an area unsuitable for ...
- Texas Natural Resources Code Section 134.018 - Hearing On Designation
(a) Not later than 10 months after the date the commission receives the petition, the commission shall hold a public hearing under Chapter 2001, Government ...
- Texas Natural Resources Code Section 134.019 - Commission Statement
Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) the potential coal resources of ...
- Texas Natural Resources Code Section 134.020 - Designation Of Area As Unsuitable For Surface Coal Mining
(a) On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the ...
- Texas Natural Resources Code Section 134.021 - Integration With Land Use Planning And Regulation Processes
Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and ...
- Texas Natural Resources Code Section 134.022 - Prohibition On Surface Coal Mining In Certain Areas
(a) Surface coal mining operations may not be permitted: (1) that will adversely affect a publicly owned park or place included in the National Register ...
- Texas Natural Resources Code Section 134.023 - Cooperative Agreements With Federal Government
The commission may enter into cooperative agreements with the federal government under the federal Act. Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), ...
- Texas Natural Resources Code Section 134.024 - Experimental Practices
(a) The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this ...
- Texas Natural Resources Code Section 134.025 - Certification Of Blasters
The commission shall adopt rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives ...
- Texas Natural Resources Code Section 134.026 - Monitoring, Reporting, And Inspections
(a) The commission shall: (1) require monitoring and reporting; (2) inspect surface coal mining and reclamation operations; (3) require the maintenance of signs and markers; ...
- Texas Natural Resources Code Section 134.027 - Monitoring Of Operations That Affect Aquifers
For surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use ...
- Texas Natural Resources Code Section 134.028 - Inspection Procedure
Inspections by the commission shall: (1) occur irregularly, averaging not fewer than one partial inspection each month and one complete inspection each calendar quarter for ...
- Texas Natural Resources Code Section 134.029 - Procedure On Detection Of Violation
On detection of a violation of this chapter, an inspector, in writing, shall: (1) promptly inform the operator; and (2) report the violation to the ...
- Texas Natural Resources Code Section 134.030 - Rules Regarding Monitoring, Reporting, And Inspections
The commission shall adopt rules for: (1) informing an operator of a violation detected by an inspector; and (2) making public all inspection and monitoring ...
- Texas Natural Resources Code Section 134.031 - Confidentiality
(a) Information pertaining to coal seams, test borings, core samplings, or soil samples required by Section 134.052 shall be made available to an affected person. ...
- Texas Natural Resources Code Section 134.032 - Determination Regarding Prime Farmland
The commission may determine that land is not prime farmland because of its soil type or slope. Added by Acts 1995, 74th Leg., ch. 76, ...
- Texas Natural Resources Code Section 134.041 - Reclamation Plan
A reclamation plan submitted as part of a permit application shall include, in sufficient detail to demonstrate that reclamation required by this chapter can be ...
- Texas Natural Resources Code Section 134.042 - Blasting Plan
An applicant for a surface coal mining and reclamation permit shall submit to the commission as part of its application a blasting plan that outlines ...
- Texas Natural Resources Code Section 134.051 - Permit Required For Operation
A person may not conduct a surface coal mining operation in this state without first obtaining a permit for that operation from the commission under ...
- Texas Natural Resources Code Section 134.052 - Contents Of Permit Application
(a) A permit application must be submitted in a manner satisfactory to the commission and must contain: (1) the name and address of: (A) the ...
- Texas Natural Resources Code Section 134.053 - Liability Insurance Policy
(a) The public liability insurance policy required by Section 134.052(a)(19) shall provide for personal injury and property damage protection in an amount adequate to compensate ...
- Texas Natural Resources Code Section 134.054 - Application Fees
(a) An application for a surface mining permit or for renewal or revision of a surface mining permit must be accompanied by an application fee ...
- Texas Natural Resources Code Section 134.055 - Annual Fees
(a) In addition to the application fees required by Section 134.054, each permit holder shall pay to the commission the following annual fees: (1) a ...
- Texas Natural Resources Code Section 134.056 - Small Mine Exemption
The commission shall designate a qualified public or private laboratory to prepare the determination of probable hydrologic consequences and statement of the results of test ...
- Texas Natural Resources Code Section 134.057 - Public Inspection Of Application
(a) An applicant for a surface coal mining and reclamation permit shall file a copy of the application for public inspection with the county clerk ...
- Texas Natural Resources Code Section 134.058 - Notice By Applicant
At the time the applicant submits an application for a surface coal mining and reclamation permit or renewal of an existing permit, the applicant shall ...
- Texas Natural Resources Code Section 134.059 - Notification By Commission
(a) The commission shall notify local governmental bodies, planning agencies, and sewage and water treatment authorities in the locality of a proposed surface coal mining ...
- Texas Natural Resources Code Section 134.060 - Comments
(a) During a period established by the commission, a local body, agency, authority, or company described by Section 134.059 may submit written comments on the ...
- Texas Natural Resources Code Section 134.061 - Written Objections
(a) Not later than the 30th day after the date of the last publication of notice under Section 134.058, an affected person or a federal, ...
- Texas Natural Resources Code Section 134.062 - Request For Public Hearing; Notice
(a) Not later than the 45th day after the date of the last publication of notice under Section 134.058, the applicant or an affected person ...
- Texas Natural Resources Code Section 134.063 - Notice Of Approval Or Denial
The commission shall notify the applicant and any objector that the permit application has been approved or denied: (1) within the time provided by Chapter ...
- Texas Natural Resources Code Section 134.064 - Procedure
Chapter 2001, Government Code, applies to a permit application under this chapter. Notice of hearing and appeal is governed by that chapter, except as provided ...
- Texas Natural Resources Code Section 134.065 - Permit Approval Or Denial
(a) On the basis of a complete application for a surface coal mining and reclamation permit or a revision or renewal of a permit, as ...
- Texas Natural Resources Code Section 134.066 - Written Findings Required
(a) The commission may not approve an application for a permit or a permit revision unless it finds, in writing, using the information in the ...
- Texas Natural Resources Code Section 134.067 - Determination Of Ownership
If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to ...
- Texas Natural Resources Code Section 134.068 - Schedule Of Notices Of Violations
(a) The applicant shall file with the application a schedule listing any notices of violations of this chapter, the federal Act, a federal regulation or ...
- Texas Natural Resources Code Section 134.069 - Effect Of Past Or Present Violation
(a) If the schedule under Section 134.068 or other information available to the commission indicates that a surface coal mining operation owned or controlled by ...
- Texas Natural Resources Code Section 134.070 - Permit For Mining On Prime Farmland
(a) After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence ...
- Texas Natural Resources Code Section 134.071 - Term
(a) A permit is issued for a term not to exceed five years. (b) The commission may grant a permit for a specified longer term ...
- Texas Natural Resources Code Section 134.072 - Termination On Failure To Begin Operations
(a) A permit terminates if the permit holder has not begun the surface coal mining operation covered by the permit on or before the third ...
- Texas Natural Resources Code Section 134.073 - Successor In Interest
A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's ...
- Texas Natural Resources Code Section 134.074 - Right To Renewal
A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit. ...
- Texas Natural Resources Code Section 134.075 - Application For And Issuance Of Renewal
(a) A permit holder may apply for renewal. (b) After the public notice requirements of Sections 134.058 through 134.062 have been met, the commission shall ...
- Texas Natural Resources Code Section 134.076 - Extension Of Permit Area
(a) Except for incidental boundary revisions, an extension of the permit area must be made by application for another permit. (b) If an application for ...
- Texas Natural Resources Code Section 134.077 - Term Of Renewal Permit
A permit renewal is for a term not to exceed the term of the original permit established by this chapter. Added by Acts 1995, 74th ...
- Texas Natural Resources Code Section 134.078 - Time Limit For Renewal Application
Application for permit renewal must be made not later than the 120th day before the date the existing permit expires. Added by Acts 1995, 74th ...
- Texas Natural Resources Code Section 134.079 - Application For Permit Revision
During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation ...
- Texas Natural Resources Code Section 134.080 - Approval Or Disapproval Of Permit Revision
(a) The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be ...
- Texas Natural Resources Code Section 134.081 - Guidelines For Revision
(a) The commission shall establish guidelines for determining the scale or extent of a revision request for which all permit application information requirements and procedures, ...
- Texas Natural Resources Code Section 134.082 - Commission Requirement Of Permit Revision Or Modification
(a) The commission, within a time prescribed by rule, shall review outstanding permits and may require reasonable revision or modification of a permit during the ...
- Texas Natural Resources Code Section 134.083 - Transfer Of Permit
A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission. ...
- Texas Natural Resources Code Section 134.084 - Suspension Or Rescission Of Improvidently Issued Permit
(a) The commission may suspend or rescind an improvidently issued permit under rules adopted by the commission. (b) A rule adopted by the commission under ...
- Texas Natural Resources Code Section 134.091 - Operations Required To Meet Performance Standards
A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter. ...
- Texas Natural Resources Code Section 134.092 - Performance Standards
(a) Performance standards for surface coal mining and reclamation operations shall require an operator: (1) to conduct surface coal mining operations to maximize the use ...
- Texas Natural Resources Code Section 134.093 - Backfilling, Grading, And Compacting: Insufficient Overburden
(a) This section applies to a surface coal mining operation: (1) that is carried out at the same location over a substantial period; (2) that ...
- Texas Natural Resources Code Section 134.094 - Backfilling, Grading, And Compacting: Sufficient Overburden
(a) This section applies to a surface coal mining operation: (1) in which the volume of overburden is large relative to the thickness of the ...
- Texas Natural Resources Code Section 134.095 - Maintenance Of Topsoil Or Other Strata
(a) The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration ...
- Texas Natural Resources Code Section 134.096 - Specifications For Soil Removal, Storage, Replacement, And Reconstruction
For prime farmland to be mined and reclaimed, the applicable specifications for soil removal, storage, replacement, and reconstruction are those established by the secretary of ...
- Texas Natural Resources Code Section 134.097 - Removal, Storage, And Replacement Of Soil And Overburden Without Regard To Soil Horizons
(a) This section applies only to prime farmland to be mined and reclaimed. (b) On proper documentation supporting the use of the mining technique to ...
- Texas Natural Resources Code Section 134.098 - Prohibition On Augering
The commission may prohibit augering if necessary to: (1) maximize the use, recoverability, or conservation of the solid fuel resources; or (2) protect against adverse ...
- Texas Natural Resources Code Section 134.099 - Certification Of Siltation Structure
The performance standards shall require that a siltation structure constructed under Section 134.092(a)(10)(B) be certified by a qualified registered engineer to be constructed as designed ...
- Texas Natural Resources Code Section 134.100 - Proximity Of Mine To Underground Mines: Exception
Notwithstanding Section 134.092(a)(12), the commission shall permit an operator to mine near or through an abandoned underground mine or closer to an active underground mine ...
- Texas Natural Resources Code Section 134.101 - Rules Regarding Use Of Explosives
The commission rules described by Section 134.092(a)(15) shall require that: (1) adequate advance written notice be given to local governments and residents who might be ...
- Texas Natural Resources Code Section 134.102 - Variance To Permit Underground Mining Operations Before Reclamation
(a) The commission may grant a variance from the contemporaneous reclamation requirement of Section 134.092(a)(16) for specific areas within the reclamation plan to permit underground ...
- Texas Natural Resources Code Section 134.103 - Use Of Introduced Species For Revegetation
Notwithstanding Section 134.092(a)(19), introduced species may be used in the revegetation process where necessary to achieve the approved postmining land use plan. Added by Acts ...
- Texas Natural Resources Code Section 134.104 - Responsibility For Revegetation: Area Of Low Precipitation
Notwithstanding Section 134.092(a)(20), in areas or regions of the state where the annual average precipitation is 26 inches or less, an operator's assumption of responsibility ...
- Texas Natural Resources Code Section 134.105 - Responsibility For Revegetation: Long-Term Intensive Agricultural Postmining Use
(a) The applicable five-year or 10-year period of responsibility for revegetation begins on |