Texas Natural Resources Code Title 3, Chapter 111 - Common Carriers, Public Utilities, And Common Purchasers

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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...

SUBCHAPTER B COMMON CARRIERS

• Texas 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 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 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 Section 111.013 - Control Of Pipelines
  A pipeline subject to the provisions of this chapter not exempt under Section 111.003, which is used in connection with the business of purchasing or...
• Texas 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, Sec....
• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER C PUBLIC UTILITIES

• Texas 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 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 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 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...

SUBCHAPTER D COMMON PURCHASERS

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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,...

SUBCHAPTER E POWERS AND DUTIES OF THE COMMISSION

• Texas 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 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 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 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 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 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 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 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 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 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 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 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)...

SUBCHAPTER F RATES

• Texas 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 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 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 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 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, Sec. 1, eff. Sept....
• Texas 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 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 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 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 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...

SUBCHAPTER G ENFORCEMENT

• Texas 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 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 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 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 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 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 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...

SUBCHAPTER H PENALTIES

• Texas 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 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 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...

SUBCHAPTER I COMMON CARRIER COAL PIPELINES

• Texas 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 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 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 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 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...

SUBCHAPTER J WELL WASTEWATER CORPORATION

• Texas 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 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 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 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 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 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 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,...

Last modified: September 28, 2016