TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 85. CONSERVATION OF OIL AND GAS

SUBCHAPTER F. RULES AND ORDERS OF THE COMMISSION



§ 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 1977, 65th Leg., p. 2522, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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, of oil and gas in drilling and producing operations and in the storage, piping, and distribution of oil and gas;
          (2) to require dry or abandoned wells to be plugged in a manner that will confine oil, gas, and water in the strata in which they are found and prevent them from escaping into other strata;
          (3) for the drilling of wells and preserving a record of the drilling of wells;
          (4) to require wells to be drilled and operated in a manner that will prevent injury to adjoining property;
          (5) to prevent oil and gas and water from escaping from the strata in which they are found into other strata;
          (6) to provide rules for shooting wells and for separating oil from gas;
          (7) to require records to be kept and reports made; and
          (8) to provide for issuance of permits, tenders, and other evidences of permission when the issuance of the permits, tenders, or permission is necessary or incident to the enforcement of the commission's rules or orders for the prevention of waste.
     (b) The commission shall do all things necessary for the conservation of oil and gas and prevention of waste of oil and gas and may adopt other rules and orders as may be necessary for those purposes.

Acts 1977, 65th Leg., p. 2522, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 the commission a nonrefundable fee of:
          (1) $200 if the total depth of the well is 2,000 feet or less;
          (2) $225 if the total depth of the well is greater than 2,000 feet but less than or equal to 4,000 feet;
          (3) $250 if the total depth of the well is greater than 4,000 feet but less than or equal to 9,000 feet;
          (4) $300 if the total depth of the well is greater than 9,000 feet.
     (b) An applicant shall submit an additional nonrefundable fee of $200 when a Rule 37 spacing or a Rule 38 density exception review is requested.
     (c) An applicant shall submit an additional nonrefundable fee of $150 when requesting that the commission expedite the application for a permit to drill, deepen, plug back, or reenter a well.
     (d) All fees collected under this section shall be deposited in the state oil-field cleanup fund.

Added by Acts 1983, 68th Leg., p. 5260, ch. 967, § 7, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 239, § 74, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 603, § 5, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 1089, § 2, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 1233, § 9, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1233, § 10, eff. Sept. 1, 2004.

§ 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 make them applicable, in adopting rules or orders to prevent waste of oil or gas.

Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 refining oil constitutes waste.

Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 by the commission except after notice and hearing as provided by law.

Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 a hearing, the emergency order may be adopted and shall be valid as though notice had been given and a hearing held.
     (b) The emergency order shall remain in force no longer than 15 days from its effective date.
     (c) The emergency order shall expire, in any event, at the time an order relating to the same subject matter and adopted after proper notice and hearing becomes effective.

Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 of Chapter 76, General Laws, Acts of the 44th Legislature, Regular Session, 1935, as amended, or the provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, shall not have the effect of releasing or discharging from liability, penalty, or forfeiture any person violating the rule or order before the effective date of the amendment, repeal, or expiration. Prosecutions and suits for these violations, liabilities, penalties, and forfeitures shall be instituted and proceeded with in all respects as if the rule or order had not been amended or repealed, or had not expired.

Acts 1977, 65th Leg., p. 2523, ch. 871, art. I, § 1, eff. Sept. 1, 1977.