Tex. Nat. Resources Code Section 91.113
Investigation, Assessment, or Cleanup by Commission


(a)

If oil and gas wastes or other substances or materials regulated by the commission under Section 91.101 (Rules and Orders) are causing or are likely to cause the pollution of surface or subsurface water, the commission, through its employees or agents, may use money in the oil and gas regulation and cleanup fund to conduct a site investigation or environmental assessment or control or clean up the oil and gas wastes or other substances or materials if:

(1)

the responsible person has failed or refused to control or clean up the oil and gas wastes or other substances or materials after notice and opportunity for hearing;

(2)

the responsible person is unknown, cannot be found, or has no assets with which to control or clean up the oil and gas wastes or other substances or materials; or

(3)

the oil and gas wastes or other substances or materials are causing the pollution of surface or subsurface water.

(b)

For purposes of this section, “responsible person” means any operator or other person required by law, rules adopted by the commission, or a valid order of the commission to control or clean up the oil and gas wastes or other substances or materials.

(c)

The commission or its employees or agents, on proper identification, may enter the land of another for the purpose of conducting a site investigation or environmental assessment or controlling or cleaning up oil and gas wastes or other substances or materials under this section.

(d)

The conducting of a site investigation or environmental assessment or the control or cleanup of oil and gas wastes or other substances or materials by the commission under this section does not prevent the commission from seeking penalties or other relief provided by law from any person who is required by law, rules adopted by the commission, or a valid order of the commission to control or clean up the oil and gas wastes or other substances or materials.

(e)

The commission and its employees are not liable for any damages arising from an act or omission if the act or omission is part of a good-faith effort to carry out this section.

(f)

If the commission conducts a site investigation or environmental assessment or controls or cleans up oil and gas wastes or other substances or materials under this section, the commission may recover all costs incurred by the commission from any person who was required by law, rules adopted by the commission, or a valid order of the commission to control or clean up the oil and gas wastes or other substances or materials. The commission by order may require the person to reimburse the commission for those costs or may request the attorney general to file suit against the person to recover those costs. At the request of the commission, the attorney general may file suit to enforce an order issued by the commission under this subsection. A suit under this subsection may be filed in any court of competent jurisdiction in Travis County. Costs recovered under this subsection shall be deposited to the oil and gas regulation and cleanup fund.
Added by Acts 1991, 72nd Leg., ch. 603, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 120, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 57, Sec. 3, eff. May 10, 1999.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.18, eff. September 28, 2011.

Source: Section 91.113 — Investigation, Assessment, or Cleanup by Commission, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­91.­htm#91.­113 (accessed Jun. 5, 2024).

91.001
Definitions
91.002
Criminal Penalty
91.003
Additional Enforcement Authority
91.011
Casing
91.012
Water in Wells
91.013
Plugging and Shutting in Wells by Others
91.014
Petition to Restrain Waste
91.015
Prevention of Waste
91.016
Confining Gas to Original Stratum
91.017
Using Gas in the Open Air
91.018
Illumination
91.019
Standards for Construction, Operation, and Maintenance of Electrical Power Lines
91.020
Electronic Geologic Data
91.051
Title
91.052
Definition
91.053
Commission Determination
91.054
Notice and Hearing
91.055
Findings and Rules
91.056
Use of Findings and Field Rules
91.057
Method of Reporting
91.058
Sale, Purchase, Delivery, and Receipt of Gas
91.059
Constitutionality
91.061
Civil Suit
91.062
Applicability of Certain Provisions
91.101
Rules and Orders
91.102
Additional Personnel
91.103
Persons Required to Execute Bond, Letter of Credit, or Cash Deposit
91.104
Bonds, Letters of Credit, Cash Deposits, and Well-specific Plugging Insurance Policies
91.105
Bond Conditions
91.106
Execution of Bond
91.107
New Bond, Letter of Credit, or Cash Deposit
91.108
Deposit and Use of Funds
91.109
Financial Security for Persons Involved in Activities Other than Operation of Wells
91.110
Oil and Gas Waste Reduction and Minimization
91.113
Investigation, Assessment, or Cleanup by Commission
91.114
Acceptance of Organization Report or Application for Permit
91.0115
Casing
91.115
First Lien on Equipment and Stored Hydrocarbons or Drill Cuttings
91.116
Notice of Commercial Surface Disposal Facility Permit Application
91.117
Public Information Hearing on Application for Commercial Surface Disposal Facility Permit
91.141
Books and Records
91.142
Report to Commission
91.143
False Applications, Reports, and Documents and Tampering with Gauges
91.171
Short Title
91.172
Declaration of Policy
91.173
Definitions
91.174
Findings of Commission
91.175
Commission Jurisdiction
91.176
Withdrawal of Native Gas
91.177
Storage Operations Must Be Bona Fide
91.178
Relocation of Facilities
91.179
Appropriation of Storage Facilities
91.180
Institution of Condemnation Proceedings
91.181
Exercise of Right of Eminent Domain
91.182
Ownership of Stored Gas
91.183
Rights of Purchasers of Native Gas
91.184
Abandonment
91.201
Definitions
91.202
Policy
91.203
Authority
91.204
Permits
91.205
Authority to Enter Property
91.206
Authority to Examine Records
91.207
Notice of Noncompliance
91.251
Definitions
91.252
Commission Jurisdiction
91.253
Commission Enforcement
91.254
Inspection
91.255
Safety Standards and Practices
91.256
Limitation on Powers of Municipalities and Counties
91.257
Safety Procedure Manual
91.258
Records
91.259
Damage to Storage Facility
91.260
Injunction
91.261
Administrative Penalty
91.262
Administrative Penalty Assessment Procedure
91.263
Payment of Administrative Penalty
91.264
Judicial Review of Administrative Penalty
91.401
Definitions
91.402
Time for Payment of Proceeds
91.403
Payment of Interest on Late Payments
91.404
Nonpayment of Oil and Gas Proceeds or Interest
91.405
Exemptions
91.406
Attorney’s Fees and Minimum Award
91.407
Notice of Change of Payor
91.408
Information for Payees of Proceeds of Production from Certain Gas Wells
91.451
Definition
91.452
Prohibited Activity
91.453
Commission Authorized
91.454
Removal of Authorized Pits
91.455
Rules, Standards, and Specifications
91.456
Injunctive Relief
91.457
Removal of Unauthorized Pit
91.458
Criminal Penalty
91.459
Civil Penalty
91.501
Information Required
91.502
Types of Information Provided
91.503
Lease, Property, or Well Description
91.504
Providing Information About Payment Deductions and Adjustments, Heating Value, or Lease Identification
91.505
Providing Other Information
91.506
Exemption
91.507
Enforcement
91.551
Definitions
91.552
Electric Logs Required to Be Filed
91.553
Availability of Electric Logs
91.554
Availability of Confidential Electric Logs
91.555
Management and Storage of Electric Logs
91.556
Enforcement
91.601
Definitions
91.602
Rules
91.603
Access to Property and Records
91.604
Criminal Penalty
91.605
Hazardous Oil and Gas Waste Generation Fee
91.651
Definitions
91.652
Purpose
91.653
Eligibility for Voluntary Cleanup Program
91.654
Application to Participate in Voluntary Cleanup Program
91.655
Rejection of Application
91.656
Voluntary Cleanup Agreement
91.657
Termination of Agreement
91.658
Voluntary Cleanup Work Plans and Reports
91.659
Certificate of Completion
91.660
Persons Released from Liability
91.661
Permit Not Required
91.701
Well Owners and Operators Certificates
91.702
Prohibited Connection
91.703
Temporary Connection
91.704
Cancellation of Certificate
91.705
Effect of Cancellation on Operator of Pipeline or Other Carrier
91.706
Effect of Cancellation on Owner or Operator of Well
91.707
Fee for Reissued Certificate
91.751
Definition
91.752
Applicability
91.753
Notice Required
91.754
Address for Notice
91.755
Commission Permits and Rights of Owner of Mineral Estate Not Affected
91.801
Rules Authorizing Multiple or Alternative Uses of Wells
91.802
Law Applicable to Geologic Storage Facilities and Associated Injection Wells
91.851
Disclosure of Composition of Hydraulic Fracturing Fluids
91.901
Definitions
91.902
Pipeline on Public Road
91.903
Relocation of Saltwater Pipeline Facility for Certain Purposes
91.904
Construction of Subchapter
91.905
Application of Other Law
91.1011
Oil and Gas Waste
91.1012
Access to Property and Records
91.1013
Application Fees
91.1015
Groundwater Protection Requirements
91.1017
Location of Certain Pits
91.1041
Individual Bond
91.1042
Blanket Bond
91.1091
Refund
91.1131
Risk Assessment Standards
91.1132
Prioritization of High-risk Wells
91.5001
Definition

Accessed:
Jun. 5, 2024

§ 91.113’s source at texas​.gov