Tex. Nat. Resources Code Section 85.3855
Administrative Penalty


(a)

The commission may impose an administrative penalty on a person who:

(1)

violates Section 91.705 (Effect of Cancellation on Operator of Pipeline or Other Carrier) or 91.706 (Effect of Cancellation on Owner or Operator of Well) or a rule or order adopted under Section 91.705 (Effect of Cancellation on Operator of Pipeline or Other Carrier) or 91.706 (Effect of Cancellation on Owner or Operator of Well); or

(2)

knowingly destroys, breaks, removes, or otherwise tampers with, or attempts to destroy, break, remove, or otherwise tamper with, a cap, seal, or other device placed by the commission on an oil well, gas well, oil and gas well, or other associated oil or gas gathering equipment.

(b)

The amount of the penalty may not exceed $10,000 for each violation. The amount shall be based on:

(1)

the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;

(2)

the economic harm to property or the environment caused by the violation;

(3)

the history of previous violations;

(4)

efforts to correct the violation; and

(5)

any other matter that justice may require.

(c)

The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty. A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the commission to contest the affidavit as provided by those rules.

(d)

The attorney general may sue to collect the penalty.

(e)

A proceeding to impose the penalty is considered to be a contested case under Chapter 2001 (Administrative Procedure), Government Code.

(f)

A penalty imposed under this section is in addition to a forfeiture provided by law or a penalty imposed by the commission for contempt for violation of a commission rule or order.
Added by Acts 1999, 76th Leg., ch. 1252, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 2, eff. September 1, 2007.

Source: Section 85.3855 — Administrative Penalty, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­85.­htm#85.­3855 (accessed Jun. 5, 2024).

85.001
Definitions
85.002
Antitrust and Monopoly Statutes
85.011
Supervisors, Deputy Supervisors, and Umpires
85.012
Assistants and Clerical Help
85.013
Persons Enforcing Rules and Orders
85.041
Acts Prohibited in Violation of Laws, Rules, and Orders
85.042
Rules and Orders
85.043
Application of Certain Rules and Orders
85.044
Exempt Purchases
85.045
Waste Illegal and Prohibited
85.046
Waste
85.047
Exclusion from Definition of Waste
85.048
Authority to Limit Production
85.049
Hearing
85.050
Procedure at Hearing
85.051
Adoption of Rule or Order
85.052
Compliance with Rule or Order
85.053
Distribution, Proration, and Apportionment of Allowable Production
85.054
Allowable Production of Oil
85.055
Allowable Production of Gas
85.056
Public Interest
85.057
Restriction on Unexplored Territory
85.058
Commission Inquiry and Determination
85.059
Records
85.060
Sworn Statements and Reports
85.061
Inspection and Gauging
85.062
Examination of Books and Records
85.063
Violations by Corporations
85.064
Action Against Corporation
85.065
Informal Complaint Process Regarding Loss of or Inability to Account for Natural Gas Gathered or Transported
85.121
Definitions
85.122
Wells Considered as Marginal Wells
85.123
Curtailment of Marginal Well Production as Waste
85.124
Rules and Orders Restricting Marginal Wells
85.125
Effect of Other Subchapters
85.201
Adoption of Rules and Orders
85.202
Purposes of Rules and Orders
85.203
Considerations in Adopting Rules and Orders to Prevent Waste
85.204
Prohibited Rules and Orders
85.205
Notice and Hearing
85.206
Emergency Order
85.207
Effect of Amendment, Repeal, or Expiration of a Rule or Order
85.241
Suits by Interested Persons
85.242
Expeditious Trial
85.243
Burden of Proof
85.244
Conditions for Injunctive Relief
85.245
Notice to Commission
85.246
Intervention in Suit
85.247
Rules and Orders Prima Facie Valid
85.248
Bond
85.249
Conditions of Bond
85.250
Changing Amount, Parties, and Sureties
85.251
Suits on Bonds
85.252
Inadmissible Evidence
85.253
Appeal
85.254
Appeal Has Precedence
85.255
Early Decision by Court of Appeals
85.256
Appeal Procedures
85.257
Certified Questions and Writs of Error
85.258
Authority of Court of Appeals to Issue Writs
85.259
Issuance of Writs by Court of Appeals
85.291
Request for Receiver
85.292
Appointment of Receiver and Bond
85.293
Duties of Receiver
85.294
Dissolution of Receivership
85.321
Suit for Damages
85.322
Proceedings Not to Impair Suit for Damages
85.351
Suit for Injunction
85.352
Types of Court Orders
85.353
Appointment of Receiver
85.381
Penalty for Violation of Laws, Rules, and Orders
85.382
Venue
85.383
Suit
85.384
Effect of Recovery or Payment of Penalty
85.385
Persons Aiding or Abetting Violation
85.386
Forging Names on Permits and Tenders
85.387
Procuring Tenders and Permits
85.388
Possessing a Forged Permit or Tender
85.389
Criminal Penalty
85.2021
Drilling Permit Fee
85.3855
Administrative Penalty

Accessed:
Jun. 5, 2024

§ 85.3855’s source at texas​.gov