Texas Natural Resources Code Title 3, Chapter 85 - Conservation Of Oil And Gas

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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...

SUBCHAPTER B ADMINISTRATIVE PROVISIONS

• Texas 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 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 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...

SUBCHAPTER C PROVISIONS GENERALLY APPLICABLE TO THE CONSERVATION OF OIL AND GAS

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER D MARGINAL WELLS

• Texas Section 85.065 - Informal Complaint Process Regarding Loss Of Or Inability To Account For Natural Gas Gathered Or Transported
  (a) A producer may submit a written request to a person who gathers or transports gas for the producer for an explanation of any loss...
• Texas 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 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 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 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...

SUBCHAPTER F RULES AND ORDERS OF THE COMMISSION

• Texas 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 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 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 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 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 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 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 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...

SUBCHAPTER G SUITS CHALLENGING THE VALIDITY OF LAWS AND ORDERS

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER H RECEIVERSHIP

• Texas 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 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 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 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...

SUBCHAPTER I DAMAGES

• Texas 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 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...

SUBCHAPTER J INJUNCTIONS

• Texas 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 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 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...

SUBCHAPTER K PENALTIES, IMPRISONMENT, AND CONFINEMENT

• Texas 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 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 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 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 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 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 Section 85.3855 - Administrative Penalty
  (a) The commission may impose an administrative penalty on a person who: (1) violates Section 91.705 or 91.706 or a rule or order adopted under...
• Texas Section 85.386 - Forging Names On Permits And Tenders
  A person shall be imprisoned in the Texas Department of Criminal Justice for not less than two nor more than five years if he: (1)...
• Texas Section 85.387 - Procuring Tenders And Permits
  A person shall be imprisoned in the Texas Department of Criminal Justice for not less than two nor more than five years if he: (1)...
• Texas 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 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...

Last modified: September 28, 2016