CHAPTER 120. OWNERSHIP AND STEWARDSHIP OF ANTHROPOGENIC CARBON DIOXIDE
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 120. OWNERSHIP AND STEWARDSHIP OF ANTHROPOGENIC CARBON
DIOXIDE
Chapter 120, consisting of Secs. 120.001 to 120.004, was added by
Acts 2009, 81st Leg., R.S., Ch.
224, Sec. 7.
For another Chapter 120, consisting of Secs. 120.001 to 120.004,
added by Acts 2009, 81st Leg., R.S., Ch.
1109, Sec. 3, see Sec. 120.001 et seq., post.
Sec. 120.001. DEFINITIONS. In this chapter:
(1) "Anthropogenic carbon dioxide," "anthropogenic carbon
dioxide injection well," and "geologic storage facility" have the
meanings assigned by Section 27.002, Water Code.
(2) "Commission" means the Railroad Commission of Texas.
(3) "Storage operator" means a person authorized by the
commission to operate a geologic storage facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
224, Sec. 7, eff. September 1, 2009.
Sec. 120.002. OWNERSHIP OF ANTHROPOGENIC CARBON DIOXIDE. (a)
This section does not apply to anthropogenic carbon dioxide
injected for the primary purpose of enhanced recovery operations.
(b) Unless otherwise expressly provided by a contract, bill of
sale, deed, mortgage, deed of trust, or other legally binding
document or by other law, anthropogenic carbon dioxide stored in
a geologic storage facility is considered to be the property of
the storage operator or the storage operator's heirs, successors,
or assigns.
(c) Absent a final judgment of wilful abandonment rendered by a
court or a regulatory determination of closure or abandonment,
anthropogenic carbon dioxide stored in a geologic storage
facility is not considered to be the property of the owner of the
surface or mineral estate in the land in which the anthropogenic
carbon dioxide is stored or of a person claiming under the owner
of the surface or mineral estate.
(d) The owner, as designated by Subsection (b) or (c), of the
anthropogenic carbon dioxide stored in a geologic storage
facility, or the owner's heirs, successors, or assigns, may
produce, take, extract, or otherwise possess anthropogenic carbon
dioxide stored in the facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
224, Sec. 7, eff. September 1, 2009.
Sec. 120.003. ANTHROPOGENIC CARBON DIOXIDE STORAGE TRUST FUND.
(a) The anthropogenic carbon dioxide storage trust fund is
created as a special fund in the state treasury.
(b) The anthropogenic carbon dioxide storage trust fund is an
interest-bearing fund. Interest earned on money in the fund
shall be deposited to the credit of the fund.
(c) Fees collected by the commission under Subchapter C-1,
Chapter 27, Water Code, and penalties imposed for violations of
that subchapter or rules adopted under that subchapter shall be
deposited to the credit of the anthropogenic carbon dioxide
storage trust fund.
(d) The anthropogenic carbon dioxide storage trust fund may be
used by the commission only for:
(1) inspecting, monitoring, investigating, recording, and
reporting on geologic storage facilities and associated
anthropogenic carbon dioxide injection wells;
(2) long-term monitoring of geologic storage facilities and
associated anthropogenic carbon dioxide injection wells;
(3) remediation of mechanical problems associated with geologic
storage facilities and associated anthropogenic carbon dioxide
injection wells;
(4) repairing mechanical leaks at geologic storage facilities;
(5) plugging abandoned anthropogenic carbon dioxide injection
wells used for geologic storage;
(6) training and technology transfer related to anthropogenic
carbon dioxide injection and geologic storage; and
(7) compliance and enforcement activities related to geologic
storage and associated anthropogenic carbon dioxide injection
wells.
Added by Acts 2009, 81st Leg., R.S., Ch.
224, Sec. 7, eff. September 1, 2009.
Sec. 120.004. EXTRACTION OF STORED ANTHROPOGENIC CARBON DIOXIDE.
(a) The commission shall adopt rules allowing anthropogenic
carbon dioxide stored in a geologic storage facility to be
extracted for a commercial or industrial use.
(b) The commission has jurisdiction over the extraction of
anthropogenic carbon dioxide stored in a geologic storage
facility.
Added by Acts 2009, 81st Leg., R.S., Ch.
224, Sec. 7, eff. September 1, 2009.