Texas Natural Resources Code Title 3, Chapter 89 - Abandoned Wells

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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...

SUBCHAPTER B DUTY TO PLUG WELLS

• Texas 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 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...

SUBCHAPTER B-1 PLUGGING OF CERTAIN INACTIVE WELLS

• Texas 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 Section 89.021 - Applicability
  This subchapter does not apply to a bay or offshore well as defined by commission rules. Added by Acts 2009, 81st Leg., R.S., Ch. 442...
• Texas Section 89.022 - Plugging Of Inactive Wells Required
  (a) Except as provided by Section 89.023, on or before the date the operator is required to renew the operator's organization report required by Section...
• Texas Section 89.023 - Extension Of Deadline For Plugging Inactive Well
  Sec. 89.023. EXTENSION OF DEADLINE FOR PLUGGING INACTIVE WELL. (a) The commission may grant an extension of the deadline for plugging an inactive well if...
• Texas Section 89.024 - Abeyance Of Plugging Report
  (a) An abeyance of plugging report filed under Section 89.023(a)(3)(B) is valid for a period of not more than five years. (b) An abeyance of...
• Texas Section 89.025 - Enhanced Oil Recovery Project
  (a) For purposes of Section 89.023(a)(3)(C), an inactive well is considered to be part of an enhanced oil recovery project if the well is located...
• Texas Section 89.026 - Fluid Level Or Hydraulic Pressure Test
  (a) Documentation filed under Section 89.023(a)(3)(D) of the results of a successful fluid level test is valid for a period of one year from the...
• Texas Section 89.027 - Supplemental Financial Assurance
  (a) A supplemental bond, letter of credit, or cash deposit filed under Section 89.023(a)(3)(E) is in addition to any other financial assurance otherwise required of...
• Texas Section 89.028 - Escrow Funds
  (a) Escrow funds described by Section 89.023(a)(3)(F) must be deposited with the commission each time an operator files an application for an extension of the...
• Texas Section 89.029 - Affirmation Regarding Surface Requirements
  (a) An application for an extension of the deadline for plugging an inactive well must include a written affirmation by the operator: (1) that the...

SUBCHAPTER C POWERS AND DUTIES OF THE COMMISSION

• Texas Section 89.030 - Revocation Of Extension Of Deadline For Plugging Inactive Well
  The commission may revoke an extension of the deadline for plugging an inactive well granted under this subchapter if the commission determines, after notice and...
• Texas 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 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 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 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 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 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 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...

SUBCHAPTER D COSTS OF PLUGGING WELLS

• Texas 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 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 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 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 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 Section 89.086 - Claims Against Oil And Gas Regulation And 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 may make a...
• Texas 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...

SUBCHAPTER E ENFORCEMENT; JUDICIAL REVIEW

• Texas 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 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 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...

Last modified: September 28, 2016