TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES, AND COMMON

SUBCHAPTER E. POWERS AND DUTIES OF THE COMMISSION



§ 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 storage facilities necessarily incident to this transportation and shall prescribe and enforce rules, in the manner provided by law, for the government and control of common carriers with respect to their pipelines and receiving, transferring, and loading facilities.

Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 to be issued by public utilities; and
          (3) the rates, charges, and rules for the storage of crude petroleum by public utilities in respect to their storage facilities and for the inspection, grading, measurement, deductions for waste or deterioration, and the delivery of their products.
     (b) The commission also shall exercise its authority to establish and enforce rules governing public utilities on petition of an interested person.

Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 through 111.132, 111.136, 111.137, and 111.140 of this code.

Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 days nor more than 30 days notice to the person, firm, corporation, partnership, joint stock association, or association owning or controlling and operating the pipeline or pipelines affected.

Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 within its jurisdiction shall be accepted as prima facie evidence of their validity.

Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 a manner other than by trial de novo.

Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 common carrier owning or operating pipelines in this state or owning, operating, or managing crude petroleum storage tanks or facilities for the public for hire, to extend or enlarge those pipelines or storage facilities if the extension or enlargement is found to be reasonable and required in the public interest and the expense involved will not impair the ability of the common carrier or public utility to perform its duty to the public.

Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

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

§ 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 by the common carrier in the state;
          (2) the total quantities of crude petroleum held by the common carrier in storage for others in the state; and
          (3) the common carrier's unfilled storage capacity.
     (b) The commission shall give no publicity to the stock of crude petroleum on hand of any particular common carrier, but the commission may, in its discretion, make public the aggregate amounts held by all common carriers making reports and their aggregate storage capacity.
     (c) The commission shall require each common carrier to mail, return receipt requested, a copy of all spill or leak reports required by the commission to residents or owners of land upon which a spill or leak has occurred within 30 days of filing the report with the commission. If a resident or owner of land has not registered with the commission, the common carrier is relieved of the requirement to mail copies of spill or leak reports to the resident or landowner. The commission shall provide a procedure for residents and owners of land crossed by a common carrier pipeline to voluntarily register their names and mailing addresses with the commission.

Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 630, § 2, eff. Sept. 1, 1993.

§ 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 commission and shall post in a conspicuous place accessible to the general public in its principal office and each of its division offices in this state a statement, duly verified, containing information concerning its business during the preceding calendar month as follows:
          (1) the amount of crude or refined petroleum in the actual and immediate custody of the common carrier or public utility at the beginning and close of the month and the location or holding point of this petroleum, including the location and designation of each plant or place of deposit and the name of its owner;
          (2) the amount of crude or refined petroleum received by the common carrier or public utility during the month;
          (3) the amount of crude or refined petroleum that was delivered by the common carrier or public utility during the month;
          (4) the amount of crude or refined petroleum held by the common carrier or public utility for itself or parent or affiliated organizations; and
          (5) the available empty storage owned or controlled by the common carrier or public utility and its location.
     (b) The information to be provided under Subsection (a) of this section shall be set out separately as to crude petroleum and each refined product of crude petroleum in each statement.

Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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) deduction for water and other foreign matter; and
          (3) the amount of deduction to be made for temperature, leakage, and evaporation.
     (b) No common carrier may be required to receive or transport any crude petroleum except that which is marketable under rules prescribed by the commission.

Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 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 may make and enforce general or specific rules for equitable apportionment.

Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, § 1, eff. Sept. 1, 1977.