TX NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 115. REGULATION OF CERTAIN TRANSPORTERS OF OIL OR PETROLEUM

SUBCHAPTER B. TENDERS AND MANIFESTS



§ 115.011. TENDER REQUIREMENTS.
     The commission by order may require that a tender be obtained before oil or a petroleum product may be transported or received for transportation by pipeline, railway, boat, or barge.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.012. TENDER;
     APPLICATION REQUIREMENTS.
     (a) The commission by order shall prescribe the form of a tender and a tender application.
     (b) The form must show:
          (1) the name and address of the shipper or other person who tenders oil or a petroleum product for transportation;
          (2) the name and address of the transporter if the commission order requires the transporter to be designated;
          (3) the quantity and classification of each commodity authorized to be transported;
          (4) each location at which delivery is to be made to the transporter; and
          (5) other related information as prescribed by commission order.
     (c) Each tender must:
          (1) bear a date and serial number;
          (2) state the expiration date of the tender; and
          (3) be executed by an agent authorized by the commission to deny, approve, or register tenders.
     (d) An agent may not approve or register a tender for the transportation of unlawful oil or an unlawful petroleum product.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.013. ACTION ON TENDER APPLICATION.
     (a) If an agent of the commission rejects an application for a tender, the agent shall return a copy of the application to the applicant with the reasons for the rejection indicated on the copy.
     (b) A person whose tender application is not acted on before the 21st day after the date on which the application is filed is entitled to judicial review in the manner provided by Section 115.014 for the appeal of a rejection of a tender application.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.014. JUDICIAL REVIEW.
     (a) A person whose tender application is rejected may appeal that action by filing a petition against the commission in a district court of Travis County for review of the agent's decision.
     (b) The clerk of the court shall issue to the commission a notice setting forth briefly the cause of action stated in the petition. The court may not enter an order on the petition until the court conducts a hearing. The court must conduct the hearing not later than the fifth day after the date of issuance of the notice.
     (c) The court may sustain, modify, or overrule the agent's decision and may issue a restraining order or injunction as warranted by the facts.
     (d) A person dissatisfied with the decision of the district court may appeal to the court of appeals.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.015. TRANSFER UNDER TENDER.
     (a) A person who obtains a tender may not transport or deliver, or cause or permit to be transported or delivered, any more or any different commodity than that authorized by the tender.
     (b) A connecting carrier or consignee who receives oil or a petroleum product from another transporter by pipeline, railway, boat, or barge under authority of shipping papers executed by the initial transporter that bear the date and serial number of a tender issued to that initial transporter is considered to receive the oil or petroleum product by authority of that tender if the commission order provides that a connecting carrier or consignee may rely on the shipping papers.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.016. ISSUANCE OF MANIFEST.
     (a) A person who obtains a tender required under this subchapter shall sign and issue a manifest to the operator of each motor vehicle used to transport the oil or petroleum product that is covered by the tender.
     (b) The person shall issue a separate manifest for each load carried by the motor vehicle.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.017. FORM OF MANIFEST.
     (a) The commission by order may prescribe the form of a manifest.
     (b) A manifest must:
          (1) bear a certificate signed by the shipper that states the amount of oil or petroleum products to be transported and specifies each petroleum product to be transported; and
          (2) include, if required by commission order:
               (A) the date and serial number of the tender that authorizes the transportation or a seal, number, or other evidence of the tender, if a tender is required;
               (B) the amount and classification of each petroleum product to be transported;
               (C) the name and address of the transporter, the name and address of the shipper, and the name and address of the consignee, if known;
               (D) the name and address of the operator of the motor vehicle;
               (E) the license plate number of the motor vehicle;
               (F) the date, time, and place at which the motor vehicle was loaded and the destination, if known, of the load; and
               (G) other related information as required by commission order.
     (c) If the form of the manifest is not prescribed by commission order, each shipper required to issue a manifest to a transporter shall use a form of manifest that is:
          (1) commonly used in commercial transactions; or
          (2) required by another state agency to accompany the movement of gasoline.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.018. TRANSFER UNDER MANIFEST;
     RESTRICTIONS.
     (a) A person authorized to transport oil or a petroleum product on a manifest issued by a shipper may not receive:
          (1) a commodity for transportation that is different from the commodity described in the manifest; or
          (2) oil or a petroleum product in an amount exceeding the amount authorized by the manifest.
     (b) A person authorized to transport oil or a petroleum product by a shipper-issued manifest that bears on its face the date and serial number of the tender may rely on the manifest delivered to that person and each consignee or person to whom the transporter delivers oil or a petroleum product covered by that manifest may rely on the manifest as authority to receive the commodity delivered if the manifest:
          (1) appears to be valid on its face;
          (2) is signed by the shipper; and
          (3) bears the certificate of the shipper that the transportation of the oil or petroleum product is authorized by the tender.
     (c) If the commission by order prohibits the transportation of oil or a petroleum product by motor vehicle without a manifest that shows the date and serial number of a tender authorizing the transportation, a person may not ship or transport or cause to be shipped or transported by motor vehicle oil or a petroleum product unless the person furnishes the manifest to the operator of the motor vehicle. The person transporting the oil or petroleum product shall maintain the manifest in the vehicle at all times during the shipment. If the person to whom the tender is issued is the operator of the motor vehicle and the tender identifies the motor vehicle by license number and covers one load, the person may carry the tender in the vehicle in lieu of a manifest.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.019. RECEIPT REQUIRED.
     A person who transports oil or a petroleum product by motor vehicle under conditions that require a tender or manifest shall obtain a receipt from each person to whom any part of the oil or petroleum product is delivered. The receipt must be on the reverse side of the tender or manifest and must indicate:
          (1) the number of gallons of oil or of each petroleum product delivered;
          (2) the date of delivery; and
          (3) the signature and address of the purchaser or consignee of the oil or petroleum product.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.

§ 115.020. RECORDS;
     INSPECTION.
     (a) A person who transports by motor vehicle and delivers oil or a petroleum product shall keep in this state for two years each tender or manifest issued to the person, together with the receipts and endorsements on the tender or manifest.
     (b) A tender or manifest is at all times subject to inspection by the commission or an agent or inspector of the commission.

Added by Acts 1997, 75th Leg., ch. 166, § 7, eff. Sept. 1, 1997.