TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 85. CONSERVATION OF OIL AND GAS

SUBCHAPTER G. SUITS CHALLENGING THE VALIDITY OF LAWS AND ORDERS



§ 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 waste of oil or gas, and who is dissatisfied with any of these laws or orders, may file suit against the commission or its members in a court of competent jurisdiction in Travis County to test the validity of the law or order.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 continuance shall be granted except for reasons considered imperative by the court.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 law or order, and the law or order is deemed prima facie valid.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 to restrain it or them from enforcing any rule or order adopted by the commission under the oil and gas conservation laws of this state or from enforcing any of these laws unless notice is given to the commission and a hearing is held as provided in this subchapter.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 the court in which the petition or application is filed shall issue notice in writing to the commission.
     (b) The notice shall include:
          (1) the docket number;
          (2) the style of the case; and
          (3) a brief statement of the nature of the suit.
     (c) The notice shall be served on the commission in Travis County by delivering a copy of the citation to the commission, a member of the commission, or the secretary of the commission for the service of other citations.
     (d) Five days after the citation has been served a hearing may be held on the petition or application.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 shall not be sufficient to overcome the prima facie validity of the rule or order or to authorize the court to grant any injunctive relief against the enforcement of the rule or order.

Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 required by the court to execute a bond with good and sufficient sureties in a reasonably sufficient amount determined by the court to indemnify any persons whom the court may find from the facts proven will suffer damage as a result of the violation of the law, rule, or order in question. The persons shall be named in the order of the judge at the time the amount of the bond is fixed by the court and entered in the record.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 to make the bond so that the judge can determine the amount and reasonableness of the bond under the facts and circumstances.
     (b) A bond made or executed by a bonding or surety company shall be by a company authorized to do business in Texas.
     (c) The bond shall be approved by the judge and shall be for the use and benefit of and may be sued on by any person named in the order who suffers damage as a result of violation of the law, rule, or order.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 the bond;
          (2) add new beneficiaries; and
          (3) require new and additional sureties that the facts may justify.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 part of the rule or order.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 bond.

Acts 1977, 65th Leg., p. 2525. ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 refusing the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief or granting or overruling a motion to dissolve the temporary restraining order, temporary or permanent injunction, or other form of injunctive relief.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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, and causes of a different character that are pending.

Acts 1977, 65th Leg., p. 2525, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 800, ch. 291, § 92, eff. Sept. 1, 1981.

§ 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, as amended, relating to temporary injunctions, apply to appeals from any order granting or refusing a temporary restraining order, or granting or overruling a motion to dissolve a temporary restraining order under the provisions of this subchapter.

Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 hearing immediately and shall decide the cause at as early a date as possible.
     (b) The cause shall have precedence over all other causes, proceedings, and causes of a different character in the court.

Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 or judgment of a trial court or judge who grants any type of injunctive relief without notice and hearing in violation of the requirements of Sections 85.244 and 85.245 of this code.

Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 800, ch. 291, § 93, eff. Sept. 1, 1981.

§ 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 commission to the court of appeals having jurisdiction, the court shall issue instanter the necessary writs of prohibition, mandamus, or injunction to prohibit and restrain the trial judge from enforcing or attempting to enforce the provisions of the injunction issued by him and to prohibit and restrain the party or parties in whose favor the order is entered from acting or attempting to act under the protection of the order or from violating the law, rule, or order of the commission attacked.

Acts 1977, 65th Leg., p. 2526, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 800, ch. 291, § 94, eff. Sept. 1, 1981.