CHAPTER 29. OIL AND GAS WASTE HAULERS
WATER CODE
TITLE 2. WATER ADMINISTRATION
SUBTITLE D. WATER QUALITY CONTROL
CHAPTER 29. OIL AND GAS WASTE HAULERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 29.001. SHORT TITLE. This chapter may be cited as the Oil
and Gas Waste Haulers Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 21, eff. Jan.
1, 1992.
Sec. 29.002. DEFINITIONS. In this chapter:
(1) "Person" means an individual, association of individuals,
partnership, corporation, receiver, trustee, guardian, executor,
or a fiduciary or representative of any kind.
(2) "Railroad commission" means the Railroad Commission of
Texas.
(3) "Oil and gas waste" means oil and gas waste as defined by
Section 91.1011, Natural Resources Code, and includes water
containing salt or other mineralized substances produced by
drilling an oil or gas well or produced in connection with the
operation of an oil or gas well.
(4) "Hauler" means a person who transports oil and gas waste for
hire by any method other than by pipeline.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 22, eff. Jan.
1, 1992.
SUBCHAPTER B. PERMITS
Sec. 29.011. APPLICATION FOR PERMIT. Any person may apply to
the railroad commission for a permit to haul and dispose of oil
and gas waste.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 23, eff. Jan.
1, 1992.
Sec. 29.012. APPLICATION FORM. The railroad commission shall
prescribe a form on which an application for a permit may be made
and shall provide the form to any person who wishes to submit an
application.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
Sec. 29.013. CONTENTS OF APPLICATION. The application for a
permit shall:
(1) state the number of vehicles the applicant plans to use for
hauling oil and gas waste;
(2) affirmatively show that the vehicles are designed so that
they will not leak during transportation of oil and gas waste;
(3) include an affidavit from a person who operates an approved
system of oil and gas waste disposal stating that the applicant
has permission to use the approved system;
(4) state the applicant's name, business address, and permanent
mailing address; and
(5) include other relevant information required by railroad
commission rules.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 24, eff. Jan.
1, 1992.
Sec. 29.014. REJECTING AN APPLICATION. If an application for a
permit does not comply with Section 29.013 of this code or with
reasonable rules of the railroad commission, the railroad
commission may reject the application.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
Sec. 29.015. APPLICATION FEE. With each application for
issuance, renewal, or material amendment of a permit, the
applicant shall submit to the railroad commission a nonrefundable
fee of $100. Fees collected under this section shall be deposited
in the oil-field cleanup fund.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 25, eff. Sept.
1, 1991.
Sec. 29.018. SUSPENSION; REFUSAL TO RENEW. The railroad
commission may suspend or refuse to renew a permit for a period
not to exceed one year if the permittee:
(1) violates the provisions of this chapter;
(2) violates reasonable rules promulgated under Section 29.031
of this code; or
(3) does not maintain his operation at the standards that
entitled him to a permit under Section 29.013 of this code.
Amended by Acts 1977, 65th Leg., p. 1654, ch. 650, Sec. 1.
Renumbered and amended by Acts 1977, 65th Leg., p. 2207, ch. 870,
Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p.
5266, ch. 967, Sec. 15, eff. Sept. 1, 1983.
Sec. 29.019. APPEAL. Any person whose permit application is
refused, whose permit is suspended, or whose application for
permit renewal is refused by the railroad commission may file a
petition in an action to set aside the railroad commission's act
within the 30-day period immediately following the day he
receives notice of the railroad commission's action.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
Sec. 29.020. SUIT TO COMPEL RAILROAD COMMISSION TO ACT. If the
railroad commission does not act within a reasonable time after a
person applies for a permit or for renewal of a permit, the
applicant may notify the railroad commission of his intention to
file suit. After 10 days have elapsed since the day the notice
was given, the applicant may file a petition in an action to
compel the railroad commission to show cause why it should not be
directed by the court to take immediate action.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
Sec. 29.021. VENUE. The venue in actions under Sections 29.019
and 29.020 of this code is fixed exclusively in the district
courts of Travis County.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. COMMISSION AUTHORITY
Sec. 29.031. RULEMAKING POWER. The railroad commission shall
adopt rules to effectuate the provisions of this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12,
eff. Sept. 1, 1983.
Sec. 29.032. COPIES OF RULES. The railroad commission shall
print the rules and provide copies to persons who apply for them.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12,
eff. Sept. 1, 1983.
Sec. 29.033. EFFECTIVE DATE OF RULES. No rule or amendment to a
rule is effective until after the 30-day period immediately
following the day on which a copy of the rule is filed with the
Secretary of State.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12,
eff. Sept. 1, 1983.
Sec. 29.034. ACCESS TO PROPERTY. Members and employees of the
railroad commission, on proper identification, may enter public
or private property to inspect and investigate conditions
relating to the hauling of oil and gas waste, to monitor
compliance with a rule, permit, or other order of the railroad
commission, or to examine and copy, during reasonable working
hours, those records or memoranda of the business being
investigated. Members or employees acting under the authority of
this section who enter an establishment on public or private
property shall observe the establishment's posted safety,
internal security, and fire protection rules.
Added by Acts 1983, 68th Leg., p. 5264, ch. 967, Sec. 12, eff.
Sept. 1, 1983. Amended by Acts 1991, 72nd Leg., ch. 603, Sec. 26,
eff. Jan. 1, 1992.
SUBCHAPTER D. OFFENSES; PENALTIES
Sec. 29.041. HAULING WITHOUT PERMIT. No hauler may haul or
dispose of oil and gas waste off the lease, unit, or other oil or
gas property where it is generated unless the hauler has a permit
issued under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 27, eff. Jan.
1, 1992.
Sec. 29.042. EXCEPTIONS. (a) A person may haul oil and gas
waste for use in connection with drilling or servicing an oil or
gas well without obtaining a hauler's permit under this chapter.
(b) The commission by rule may except from the permitting
requirements of this chapter specific categories of oil and gas
waste other than salt water.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 28, eff. Jan.
1, 1992.
Sec. 29.043. USING HAULERS WITHOUT PERMIT. No person may
knowingly utilize the services of a hauler to haul or dispose of
oil and gas waste off the lease, unit, or other oil or gas
property where it is generated if the hauler does not have a
permit as required under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 29, eff. Jan.
1, 1992.
Sec. 29.044. DISPOSING OF OIL AND GAS WASTE. (a) No hauler may
dispose of oil and gas waste on public roads or on the surface of
public land or private property in this state in other than a
railroad commission-approved disposal facility without written
authority from the railroad commission.
(b) No hauler may dispose of oil and gas waste on property of
another in other than a railroad commission-approved disposal
facility without the written authority of the landowner.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 30, eff. Jan.
1, 1992.
Sec. 29.045. USE OF UNMARKED VEHICLES. No person who is
required to have a permit under this chapter may haul oil and gas
waste in a vehicle that does not bear the owner's name and the
hauler's permit number. This information shall appear on both
sides and the rear of the vehicle in characters not less than
three inches high.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977; Acts 1991, 72nd Leg., ch. 603, Sec. 31, eff. Jan.
1, 1992.
Sec. 29.046. PENALTY. A person who violates any provision of
this chapter is guilty of a misdemeanor and upon conviction is
punishable by a fine of not less than $100 nor more than $1,000
or by confinement in the county jail for not more than 10 days or
by both.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff.
Sept. 1, 1977.
Sec. 29.047. ADMINISTRATIVE PENALTY. (a) If a person violates
the provisions of this chapter or a rule, order, license, permit,
or certificate issued under this chapter, the person may be
assessed a civil penalty by the railroad commission.
(b) The penalty may not exceed $10,000 a day for each violation.
Each day a violation continues may be considered a separate
violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the railroad
commission shall consider the permittee's history of previous
violations of this chapter, the seriousness of the violation, any
hazard to the health or safety of the public, and the
demonstrated good faith of the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff.
Aug. 29, 1983.
Sec. 29.048. PENALTY ASSESSMENT PROCEDURE. (a) A civil penalty
may be assessed only after the permittee or person charged with a
violation described under Section 29.047 of this code has been
given an opportunity for a public hearing.
(b) If a public hearing has been held, the railroad commission
shall make findings of fact, and it shall issue a written
decision as to the occurrence of the violation and the amount of
the penalty that is warranted, incorporating, when appropriate,
an order requiring that the penalty be paid.
(c) If appropriate, the railroad commission shall consolidate
the hearings with other proceedings under this chapter.
(d) If the permittee or person charged with the violation fails
to avail himself of the opportunity for a public hearing, a civil
penalty may be assessed by the railroad commission after it has
determined that a violation did occur and the amount of the
penalty that is warranted.
(e) The railroad commission shall then issue an order requiring
that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff.
Aug. 29, 1983.
Sec. 29.049. PAYMENT OF PENALTY; REFUND. (a) On the issuance
of an order finding that a violation has occurred, the railroad
commission shall inform the permittee and any other person
charged within 30 days of the amount of the penalty.
(b) Within the 30-day period immediately following the day on
which the decision or order is final as provided in Subchapter F,
Chapter 2001, Government Code, the person charged with the
penalty shall:
(1) pay the penalty in full; or
(2) if the person seeks judicial review of either the amount of
the penalty or the fact of the violation, or both:
(A) forward the amount to the railroad commission for placement
in an escrow account; or
(B) in lieu of payment into escrow, post a supersedeas bond with
the railroad commission under the following conditions. If the
decision or order being appealed is the first final railroad
commission decision or order assessing any administrative penalty
against the person, the railroad commission shall accept a
supersedeas bond. In the case of appeal of any subsequent
decision or order assessing any administrative penalty against
the person, regardless of the finality of judicial review of any
previous decision or order, the railroad commission may accept a
supersedeas bond. Each supersedeas bond shall be for the amount
of the penalty and in a form approved by the railroad commission
and shall stay the collection of the penalty until all judicial
review of the decision or order is final.
(c) If through judicial review of the decision or order it is
determined that no violation occurred or that the amount of the
penalty should be reduced or not assessed, the railroad
commission shall, within the 30-day period immediately following
that determination, if the penalty has been paid to the railroad
commission, remit the appropriate amount to the person, with
accrued interest, or where a supersedeas bond has been posted,
the railroad commission shall execute a release of such bond.
(d) Failure to forward the money to the railroad commission
within the time provided by Subsection (b) of this section
results in a waiver of all legal rights to contest the violation
or the amount of the penalty.
(e) Judicial review of the order or decision of the railroad
commission assessing the penalty shall be under the substantial
evidence rule and shall be instituted by filing a petition with
the district court of Travis County, Texas, and not elsewhere, as
provided for in Subchapter G, Chapter 2001, Government Code.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff.
Aug. 29, 1983. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
5.95(53), (59), eff. Sept. 1, 1995.
Sec. 29.050. RECOVERY OF PENALTY. Civil penalties owed under
Sections 29.047-29.049 of this code may be recovered in a civil
action brought by the attorney general at the request of the
railroad commission.
Added by Acts 1983, 68th Leg., p. 1421, ch. 286, Sec. 7, eff.
Aug. 29, 1983.
SUBCHAPTER E. CIVIL ENFORCEMENT
Sec. 29.051. CIVIL PENALTY. (a) A person who violates this
chapter, a rule or order of the railroad commission adopted under
this chapter, or a term, condition, or provision of a permit
issued under this chapter, is subject to a civil penalty of not
to exceed $10,000 for each offense. Each day a violation is
committed is a separate offense.
(b) An action to recover the penalty under Subsection (a) of
this section may be brought by the railroad commission in any
court of competent jurisdiction in the county in which the
offending activity occurred, in which the defendant resides, or
in Travis County.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff.
Sept. 1, 1983.
Sec. 29.052. INJUNCTION. The railroad commission may enforce
this chapter, a valid rule or order made under this chapter, or a
term or condition of a permit issued by the railroad commission
under this chapter by injunction or other appropriate remedy. The
action may be brought in a court of competent jurisdiction in the
county in which the offending activity has occurred, in which the
defendant resides, or in Travis County.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff.
Sept. 1, 1983.
Sec. 29.053. PROCEDURE. (a) At the request of the railroad
commission, the attorney general shall institute and conduct a
suit in the name of the state for injunctive relief or other
appropriate remedy or to recover a civil penalty as provided by
Section 29.051 or 29.052 of this code or for both injunctive
relief or other appropriate remedy and recovery of a civil
penalty.
(b) A party to a suit may appeal from a final judgment as in
other civil cases.
Added by Acts 1983, 68th Leg., p. 5265, ch. 967, Sec. 13, eff.
Sept. 1, 1983.