CHAPTER 114. OIL TANKER VEHICLES
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 114. OIL TANKER VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 114.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of Texas.
(2) "Liquid hydrocarbons" means unrefined oil or condensate, and
refined oil or condensate to be blended with unrefined liquid
hydrocarbons.
(3) "Transporter" means each gatherer, storer, or other handler
of liquid hydrocarbons who moves or transports those liquid
hydrocarbons by truck or other motor vehicle.
(4) "Oil tanker vehicle" means a motor vehicle licensed for
highway use on a public highway or used on a public highway:
(A) that is equipped with, carrying, pulling, or otherwise
transporting an assembly, compartment, tank, or other container
that is used for transporting, hauling, or delivering liquids;
and
(B) that is being used to transport liquid hydrocarbons on a
public highway.
(5) "Public highway" means a way or place of whatever nature
open to the use of the public as a matter of right for the
purpose of vehicular travel, even if the way or place is
temporarily closed for the purpose of construction, maintenance,
or repair.
(6) "Lease" means a well producing oil, gas, or oil and gas, and
any group of contiguous wells producing oil, gas, or oil and gas
of any number operated as a producing unit.
(7) "Facility" means any place used to store, process, refine,
reclaim, dispose of, or treat liquid hydrocarbons.
(8) "Cargo manifest" means one or more documents that together
contain the information required by Section 114.012 of this code.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
Sec. 114.002. APPLICABILITY OF CHAPTER. This chapter does not
apply to:
(1) a common carrier as defined by and regulated under Chapter
111 of the Natural Resources Code; or
(2) the movement by a person or entity by motor vehicle of salt
water, brine, sludge, drilling mud, and other liquid or
semiliquid material arising out of or incidental to drilling for
or producing oil or gas if:
(A) the commission has authorized the person or entity to move
or transport the material and the material being moved or
transported contains less than seven percent liquid hydrocarbons
by volume; or
(B) the person or entity is not moving or transporting the
material for hire and the material being moved or transported
contains less than seven percent liquid hydrocarbons by volume.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
SUBCHAPTER B. CARGO MANIFEST
Sec. 114.011. CARGO MANIFEST REQUIRED. A cargo manifest must be
carried in each oil tanker vehicle transporting liquid
hydrocarbons on a public highway in this state and must be
presented on request for inspection as provided by Section
114.101 of this code.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
Sec. 114.012. CONTENTS OF CARGO MANIFEST. For each load of
liquid hydrocarbons loaded onto and transported by an oil tanker
vehicle, the cargo manifest must include:
(1) an identification of the lease or facility from which the
liquid hydrocarbons were removed which must include:
(A) the lease or facility name; and
(B) the name of the operator of the lease or facility;
(2) the total quantity of liquid hydrocarbons removed from the
lease or facility and loaded onto the oil tanker vehicle;
(3) the date and hour when the liquid hydrocarbons were removed
from the lease or facility and loaded onto the oil tanker
vehicle;
(4) the identity of the transporter which must include:
(A) the company or individual transporter's name and address;
(B) the oil tanker vehicle driver's name; and
(C) a unique number for the oil tanker vehicle that for a truck
tractor and semitrailer type oil tanker vehicle must include
unique vehicle numbers for both truck tractor and semitrailer;
and
(5) the intended point of destination for the liquid
hydrocarbons, including the name of the receiving facility.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
Sec. 114.013. COPY OF CARGO MANIFEST LEFT AT LEASE OR FACILITY.
(a) A copy of the cargo manifest must be left at the lease or
facility from which the liquid hydrocarbons were removed or
delivered to the lease or facility operator, his agent, or his
representative.
(b) The requirements of this section may be met by leaving a
separate document at the lease or facility from which the liquid
hydrocarbons were removed or delivering to the lease or facility
operator a separate document that includes information required
under Subdivisions (1)-(3) and Subdivisions (4)(A) and (B),
Section 114.012, of this code.
(c) If more than one load of liquid hydrocarbons are removed
from a single tank or other container of liquid hydrocarbons
within a period of 24 consecutive hours, Subdivisions (2) and
(3), Section 114.012, of this code may be met for purposes of
this section by a separate document that includes:
(1) the total quantity of liquid hydrocarbons removed;
(2) the date and hour the first load was removed; and
(3) the date and hour the last load was removed.
(d) If the operator of a facility requires that a transporter
leave at the facility or deliver to the operator a document other
than the transporter's cargo manifest, a transporter may meet the
requirements of this section by leaving those specified documents
at an agreed location or delivering the document to the operator.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
Sec. 114.014. CARGO MANIFEST RECORDS. After the delivery of all
liquid hydrocarbons in an oil tanker vehicle is completed, the
cargo manifest must be maintained in the records of the
transporter for a period of not less than two years from the date
the liquid hydrocarbons are removed from the oil tanker vehicle.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
SUBCHAPTER C. ENFORCEMENT
Sec. 114.101. AUTHORITY TO EXAMINE CARGO MANIFESTS. The
commission, its designated agents or employees, or a peace
officer may examine a cargo manifest, whether it is on an oil
tanker vehicle or in the records of the transporter, under
circumstances where the examination is a lawful attempt to
determine whether this chapter is being violated.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.
Sec. 114.102. CRIMINAL OFFENSES. (a) A person commits an
offense if the person knowingly or intentionally:
(1) fails to leave a copy of the cargo manifest or other
document as required under Section 114.013 of this code at the
lease or facility from which the liquid hydrocarbons were removed
or fails to deliver a copy of the cargo manifest or other
document as required under Section 114.013 of this code to the
operator of the lease or facility, his agent, or his
representative;
(2) operates an oil tanker vehicle without a cargo manifest as
required by this chapter;
(3) fails to maintain cargo manifest records as required under
Section 114.014 of this code; or
(4) forges or falsifies a cargo document or documents required
by this chapter or exhibits a cargo document or documents knowing
that those documents are forged or falsified.
(b) An offense under this section is a felony of the third
degree.
(c) It is an affirmative defense to prosecution under
Subdivision (1), (2), or (3), Subsection (a), of this section
that the person charged with the offense provides the information
required by Section 114.012 of this code.
(d) A penalty imposed for violation of this chapter is in
addition to any civil or administrative penalty or sanction
authorized by Sections 85.042 and 85.201 of this code or any
other provision of law.
Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.
Sept. 1, 1983.