TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE

SUBCHAPTER E. BOOKS, RECORDS, AND REPORTS



§ 91.141. BOOKS AND RECORDS.
     (a) Owners and operators of oil and gas wells shall keep books that show accurately:
          (1) the amount of sold and unsold stock;
          (2) the amount of promotion money paid;
          (3) the amount of oil and gas produced and disposed of and the price for which the oil and gas was sold;
          (4) the receipts from the sale or transfer of leases or other property; and
          (5) disbursements made in connection with or for the benefit of the business.
     (b) The books shall be kept open for the inspection of the commission or any accredited representative of the commission and any stockholder or shareholder or royalty owner in the business.
     (c) The owners and operators of oil and gas wells shall report the information to the commission for its information if required by the commission to do so.

Acts 1977, 65th Leg., p. 2564, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 91.142. REPORT TO COMMISSION.
     (a) A person, firm, partnership, joint stock association, corporation, or other domestic or foreign organization operating wholly or partially in this state and acting as principal or agent for another for the purpose of performing operations which are within the jurisdiction of the commission shall file immediately with the commission:
          (1) the name of the company or organization;
          (2) the post-office address of the company or organization;
          (3) the plan under which the company or organization was organized;
          (4) the names and post-office addresses of the trustee or trustees of the company or organization;
          (5) the names, unique identifying numbers such as driver's license numbers, and post-office addresses of the officers and directors; and
          (6) if required by Subsection (b) of this section, the name and address of the resident agent.
     (b) Any foreign or nonresident entity listed in Subsection (a) of this section shall maintain or designate a resident agent upon whom any process, notice, or demand required or permitted by law to be served upon such entity may be served.
     (c) If any such entity required by the terms of this section to maintain or designate such agent shall fail to do so, then and in such event, the organization report required to be filed with the commission is not valid.
     (d) Failure by any such entity listed in Subsection (a) of this section to answer such process or demand shall render the organization report invalid.
     (e) The commission shall require an entity described by Subsection (a) of this section to refile an organization report annually according to a schedule established by the commission.
     (f) If an entity described by Subsection (a) of this section does not maintain on file with the commission an organization report and financial security as required by this chapter:
          (1) the entity may not perform operations under the jurisdiction of the commission except as necessary to remedy a violation of law or commission rules and as authorized by the commission; and
          (2) the commission, on written notice, may suspend:
               (A) any permits held by the entity; or
               (B) any certificates of compliance approved under Chapter 85 of this code.
     (g) An organization report filed under this section must be accompanied by the following fee:
          (1) for an operator of not more than 25 wells, $300;
          (2) for an operator of more than 25 but not more than 100 wells, $500;
          (3) for an operator of more than 100 wells, $1,000;
          (4) for an operator of one or more natural gas pipelines as classified by the commission, $225;
          (5) for an operator of one or more service activities or facilities who does not operate any wells, an amount determined by the commission but not less than $300 or more than $500;
          (6) for an operator of one or more liquids pipelines as classified by the commission who does not operate any wells, an amount determined by the commission but not less than $425 or more than $625;
          (7) for an operator of one or more service activities or facilities, including liquids pipelines as classified by the commission, who also operates one or more wells, an amount determined by the commission based on the sum of the amounts provided by the applicable subdivisions of this subsection but not less than $425 or more than $1,125; and
          (8) for an entity not currently performing operations under the jurisdiction of the commission, $300.
     (h) To enable the commission to better protect the state's resources, an entity described by Subsection (a) or an affiliate of such an entity performing operations within the jurisdiction of the commission that files for federal bankruptcy protection shall give written notice to the commission of that action by submitting the notice to the office of general counsel not later than the 30th day after the date of filing.

Acts 1977, 65th Leg., p. 2565, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 398, § 1, eff. Aug. 26, 1985; Acts 1997, 75th Leg., ch. 121, § 2, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 1233, § 33, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 490, § 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 626, § 1, eff. Sept. 1, 2003.

§ 91.143. FALSE APPLICATIONS, REPORTS, AND DOCUMENTS AND TAMPERING WITH GAUGES.
     (a) A person may not:
          (1) make or subscribe any application, report, or other document required or permitted to be filed with the commission by the provisions of Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, knowing that the application, report, or other document is false or untrue in a material fact;
          (2) aid or assist in, or procure, counsel, or advise the preparation or presentation of any of these applications, reports, or other documents that are fraudulent, false, or incorrect in any material matter, knowing them to be fraudulent, false, or incorrect in any material matter;
          (3) knowingly simulate or falsely or fraudulently execute or sign such an application, report, or other document;
          (4) knowingly procure these applications, reports, or other documents to be falsely or fraudulently executed, or advise, aid in, or connive at this execution; or
          (5) knowingly render inaccurate any monitoring device required to be maintained by a commission rule, order, or permit.
     (b) A person commits an offense if the person violates this section. An offense under this section is a felony punishable by:
          (1) imprisonment in the institutional division of the Texas Department of Criminal Justice for a term of not less than two years or more than five years;
          (2) a fine of not more than $10,000; or
          (3) both the imprisonment and the fine.
     (c) If other penalties prescribed in Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, overlap offenses that are also punishable under this section, the penalties prescribed in this section shall be in addition to other penalties.
     (d) No application, report, or other document required or permitted to be filed with the commission under Title 102, Revised Civil Statutes of Texas, 1925, as amended, including provisions of this code formerly included in that title, may be required to be under oath, verification, acknowledgment, or affirmation.
     (e) The commission may impose an administrative penalty in the manner provided by Sections 81.0531-81.0534 on a person who violates this section. The amount of the penalty may not exceed $1,000 for each violation.

Acts 1977, 65th Leg., p. 2565, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5251, ch. 967, § 1, eff. Sept. 1, 1983; Acts 1999, 76th Leg., ch. 31, § 1, eff. Aug. 30, 1999.