CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES, AND COMMON PURCHASERS
NATURAL RESOURCES CODE
TITLE 3. OIL AND GAS
SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS
CHAPTER 111. COMMON CARRIERS, PUBLIC UTILITIES, AND COMMON
PURCHASERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Railroad Commission of Texas.
(2) "Public utility" means a person, association of persons, or
corporation that owns, operates, or manages crude petroleum
storage tanks or storage facilities for the public for hire,
either in connection with a pipeline, pipelines, or otherwise.
Acts 1977, 65th Leg., p. 2578, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.002. COMMON CARRIERS UNDER CHAPTER. A person is a
common carrier subject to the provisions of this chapter if it:
(1) owns, operates, or manages a pipeline or any part of a
pipeline in the State of Texas for the transportation of crude
petroleum to or for the public for hire, or engages in the
business of transporting crude petroleum by pipeline;
(2) owns, operates, or manages a pipeline or any part of a
pipeline in the State of Texas for the transportation of crude
petroleum to or for the public for hire and the pipeline is
constructed or maintained on, over, or under a public road or
highway, or is an entity in favor of whom the right of eminent
domain exists;
(3) owns, operates, or manages a pipeline or any part of a
pipeline in the State of Texas for the transportation of crude
petroleum to or for the public for hire which is or may be
constructed, operated, or maintained across, on, along, over, or
under the right-of-way of a railroad, corporation, or other
common carrier required by law to transport crude petroleum as a
common carrier;
(4) under lease, contract of purchase, agreement to buy or sell,
or other agreement or arrangement of any kind, owns, operates,
manages, or participates in ownership, operation, or management
of a pipeline or part of a pipeline in the State of Texas for the
transportation of crude petroleum, bought of others, from an oil
field or place of production within this state to any
distributing, refining, or marketing center or reshipping point
within this state;
(5) owns, operates, or manages, wholly or partially, pipelines
for the transportation for hire of coal in whatever form or of
any mixture of substances including coal in whatever form;
(6) owns, operates, or manages, wholly or partially, pipelines
for the transportation of carbon dioxide or hydrogen in whatever
form to or for the public for hire, but only if such person files
with the commission a written acceptance of the provisions of
this chapter expressly agreeing that, in consideration of the
rights acquired, it becomes a common carrier subject to the
duties and obligations conferred or imposed by this chapter; or
(7) owns, operates, or manages a pipeline or any part of a
pipeline in the State of Texas for the transportation of
feedstock for carbon gasification, the products of carbon
gasification, or the derivative products of carbon gasification,
in whatever form, to or for the public for hire, but only if the
person files with the commission a written acceptance of the
provisions of this chapter expressly agreeing that, in
consideration of the rights acquired, it becomes a common carrier
subject to the duties and obligations conferred or imposed by
this chapter.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 2692, ch. 871,
art. II, Sec. 2, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p.
199, ch. 93, Sec. 1, eff. Aug. 31, 1981; Acts 1991, 72nd Leg.,
ch. 689, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
22, Sec. 1, eff. September 1, 2007.
Sec. 111.003. APPLICABILITY OF CHAPTER. (a) The provisions of
this chapter do not apply to pipelines that are limited in their
use to the wells, stations, plants, and refineries of the owner
and that are not a part of the pipeline transportation system of
a common carrier as defined in Section 111.002 of this code.
(b) The provisions of this chapter do not apply to any property
of a common carrier, as defined in Section 111.002 of this code,
that is not a part of or necessarily incident to its pipeline
transportation system.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.004. GENERAL RESTRICTION ON TRANSPORTATION OF OIL. No
person, including a common carrier, may transport crude oil or
petroleum in this state unless the crude oil or petroleum has
been produced or purchased or both in accordance with the laws of
this state or a rule of the commission made under those laws, or
both.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER B. COMMON CARRIERS
Sec. 111.011. REGULATION IN PUBLIC INTEREST. The operation of
common carriers covered by this chapter is a business in which
the public is interested and is subject to regulation by law.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.012. GENERAL JURISDICTION OF COMMISSION. Particular
powers granted to the commission by the provisions of this
chapter do not limit the general powers conferred by other laws.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.013. CONTROL OF PIPELINES. A pipeline subject to the
provisions of this chapter not exempt under Section 111.003,
which is used in connection with the business of purchasing or
purchasing and selling crude petroleum, or in the business of
transporting coal, carbon dioxide, hydrogen, feedstock for carbon
gasification, the products of carbon gasification, or the
derivative products of carbon gasification in whatever form by
pipeline for hire in Texas, shall be operated as a common carrier
and shall be subject to the jurisdiction of the commission.
Acts 1977, 65th Leg., p. 2579, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 2692, ch. 871,
art. II, Sec. 2, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p.
199, ch. 93, Sec. 1, eff. Aug. 31, 1981; Acts 1991, 72nd Leg.,
ch. 689, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
22, Sec. 2, eff. September 1, 2007.
Sec. 111.014. PUBLICATION OF TARIFFS. Common carriers shall
make and publish their tariffs under rules prescribed by the
commission.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.015. TRANSPORTATION WITHOUT DISCRIMINATION. Subject to
the law and the rules prescribed by the commission, a common
carrier shall receive and transport crude petroleum delivered to
it for transportation and perform its other related duties
without discrimination.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.016. DISCRIMINATION BETWEEN SHIPPERS. (a) A common
carrier in its operations as a common carrier shall not
discriminate between or against shippers with regard to
facilities furnished, services rendered, or rates charged under
the same or similar circumstances in the transportation of crude
petroleum.
(b) A common carrier shall not discriminate in the
transportation of crude petroleum produced or purchased by itself
directly or indirectly.
(c) In this connection, a pipeline is a shipper of the crude
petroleum produced or purchased by itself directly or indirectly
and handled through its facilities.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.017. EQUAL COMPENSATION FOR LIKE SERVICE. (a) No
common carrier in its operations as a common carrier may charge,
demand, collect, or receive either directly or indirectly from
anyone a greater or lesser compensation for a service rendered
than from another for a like and contemporaneous service.
(b) The provisions of Subsection (a) of this section do not
limit the right of the commission to prescribe rules and rates
from or to some places that are different from rules or rates for
transportation from or to other places.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.018. EFFECT OF COMMISSION ORDER. A common carrier is
not guilty of discrimination when obeying an order of the
commission.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.019. RIGHT OF EMINENT DOMAIN. (a) Common carriers
have the right and power of eminent domain.
(b) In the exercise of the power of eminent domain granted under
the provisions of Subsection (a) of this section, a common
carrier may enter on and condemn the land, rights-of-way,
easements, and property of any person or corporation necessary
for the construction, maintenance, or operation of the common
carrier pipeline.
(c) Upon written request by a resident or owner of land crossed
by a common carrier pipeline, the common carrier must disclose
material data safety sheets concerning the commodities
transported by the common carrier required by the commission and
the Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Section 11001 et seq.). Such disclosure must be in
writing and must be mailed or delivered to the resident or
landowner within 30 days of receipt of the request.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 630, Sec. 1,
eff. Sept. 1, 1993.
Sec. 111.0191. COSTS OF RELOCATION OF PROPERTY. In the event a
common carrier pipeline in the exercise of the power of eminent
domain or police power or any other power granted under this
chapter makes necessary the relocation, raising, lowering,
rerouting, or changing the grade of, or altering the construction
of any railroad, electric transmission, telegraph or telephone
lines, properties and facilities, or pipeline, all such
relocation, raising, lowering, rerouting, changing of grade, or
alteration of construction shall be accomplished at the sole
expense of such common carrier pipeline. The term "sole expense"
means the actual cost of the relocation, raising, lowering,
rerouting, or change in grade or alteration of construction in
providing comparable replacement without enhancement of the
facilities, after deducting therefrom the net salvage value
derived from the old facility.
Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 4, eff.
Sept. 1, 1977.
Sec. 111.0192. LIMITATIONS ON THE POWERS OF EMINENT DOMAIN IN
CERTAIN SITUATIONS. (a) The right of eminent domain granted
under this chapter to any pipelines transporting coal in whatever
form shall not include and cannot be used to condemn water or
water rights for use in the transportation of coal by pipeline,
and no Texas water from any source shall be used in connection
with the transportation, maintenance, or operation of a coal
slurry pipeline (except water used for drinking, toilet, bath, or
other personal uses at pumping stations or offices) within the
State of Texas unless the Texas Natural Resource Conservation
Commission shall determine, after public hearing, that the use
will not be detrimental to the water supply of the area from
which the water is sought to be extracted.
(b) The right of eminent domain granted under this chapter to
any pipeline transporting coal in whatever form shall not include
the power to take land or any interest in land, by exercise of
the power of eminent domain, for the purpose of drilling for,
mining, or producing any oil, gas, geothermal,
geothermal/geopressured, lignite, coal, sulphur, uranium,
plutonium, or other mineral, but this provision does not impair
the right of any such entity to acquire title to real property
for pipelines, including cooling ponds and related surface
installations and equipment.
Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 6, eff.
Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.271, eff. Sept. 1, 1995.
Sec. 111.0193. RESTORATION OF PROPERTY. Every condemnation
award granted under this chapter shall require that the condemnor
restore the property which is the subject of the award to its
former condition as near as reasonably practicable.
Acts 1977, 65th Leg., p. 2695, ch. 871, art. II, Sec. 7, eff.
Sept. 1, 1977.
Sec. 111.0194. PIPELINE EASEMENTS. (a) Unless the terms of the
grant or the condemnation judgment expressly provide otherwise,
or the easement rights otherwise prescriptively owned through
actual use are greater, an easement created through grant or
through the power of eminent domain for the benefit of a single
common carrier pipeline for which the power of eminent domain is
available under Section 111.019 of this code as of January 1,
1994, is presumed to create an easement in favor of the common
carrier pipeline, or a successor in interest to the common
carrier pipeline, that extends only a width of 50 feet as to each
pipeline laid under the grant or judgment in eminent domain prior
to January 1, 1994.
(b) The presumption in Subsection (a) of this section is not
applicable to pipeline easements of a common carrier pipeline
granted under the terms of an oil and gas lease or oil, gas, and
mineral lease, or to any easement which authorizes the
construction of gathering lines.
(c) The presumption set out in Subsection (a) of this section on
the limitation of width may be rebutted by evidence on behalf of
the common carrier pipeline that a greater width is reasonably
needed for purposes of operation, construction of additional
lines under the grant or judgment in an eminent domain
proceeding, maintenance, repair, replacement, safety,
surveillance, or as a buffer zone for protection of the safe
operation of the common carrier pipeline, together with such
other evidence as a court may deem relevant to establish the
extent of an easement in excess of 50 feet in width.
(d) The presumption in Subsection (a) of this section shall
apply separately as to each pipeline under a grant or judgment
which allows more than one pipeline on the subservient estate.
(e) This section shall not be deemed to limit any rights of
ingress to or egress from easements that may exist under the
original grant, prescriptive rights, or common law.
(f) This section does not limit or otherwise affect the rights
of parties engaged in litigation before January 1, 1994.
Added by Acts 1993, 73rd Leg., ch. 787, Sec. 1, eff. Jan. 1,
1994.
Sec. 111.020. PIPELINE ON PUBLIC STREAM OR HIGHWAY. (a)
Subject to the provisions of Subsection (b) of this section, all
common carriers are entitled to lay, maintain, and operate along,
across, or under a public stream or highway in this state
pipelines, together with telegraph and telephone lines incidental
to and designed for use only in connection with the operation of
the pipelines.
(b) The right to run a pipeline or telegraph or telephone line
along, across, or over a public road or highway may be exercised
only on condition that:
(1) it does not interfere with traffic on the road or highway;
(2) the road or highway is promptly restored to its former
condition of usefulness;
(3) the restoration of the road or highway is subject also to
the supervision of the commissioners court or other proper local
authority; and
(4) no pipes or pipelines are laid parallel with and on a public
highway closer than 15 feet from the improved section of the
highway except with the approval and under the direction of the
commissioners court of the county in which the public highway is
located.
(c) The common carrier shall compensate the county or road
district, respectively, for any damage done to the public road in
the exercise of the privileges conferred.
(d) A person may acquire the right conferred in this section by
filing with the commission a written acceptance of the provisions
of this chapter expressly agreeing that, in consideration of the
rights acquired, it becomes a common carrier subject to the
duties and obligations conferred or imposed by this chapter.
Acts 1977, 65th Leg., p. 2580, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.021. PIPELINE UNDER RAILROAD, STREET RAILROAD, OR
CANAL. A common carrier is entitled to lay its pipe or pipeline
under any railroad, railroad right-of-way, street railroad, or
canal in this state.
Acts 1977, 65th Leg., p. 2581, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.022. RIGHT TO USE STREET OR ALLEY IN CITY OR TOWN. The
provisions of this chapter do not grant a pipeline company the
right to use a public street or alley in an incorporated or
unincorporated city or town except with express permission of the
governing body of the city or town or the right to lay its pipes
or pipelines along and under a street or alley in an incorporated
city or town except with the consent and under the direction of
the governing body of the city or town.
Acts 1977, 65th Leg., p. 2581, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.023. EXCHANGE OF FACILITIES. (a) A common carrier
shall exchange crude petroleum tonnage with each like common
carrier.
(b) When a necessity exists, the commission may require
connections and facilities for the interchange of crude petroleum
tonnage to be made at every locality reached by both pipelines,
subject to the rules and rates made by the commission.
(c) A common carrier pipeline under like rules shall be required
to install and maintain facilities for the receipt and delivery
of crude petroleum of patrons at all points on the pipeline.
Acts 1977, 65th Leg., p. 2581, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.024. LIMIT ON AMOUNT OF OIL CARRIED. No common carrier
may be required at any time to receive for shipment from any
person more than 3,000 barrels of petroleum in any one day.
Acts 1977, 65th Leg., p. 2581, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.025. ABANDONING CONNECTIONS. (a) No common carrier
may abandon any of its connections or lines except under
authority of a permit granted by the commission or with written
consent of the owner or duly authorized agent of the wells to
which connections are made.
(b) Before granting a permit to abandon any connection, the
commission shall issue proper notice and hold a hearing as
provided by law.
Acts 1977, 65th Leg., p. 2581, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER C. PUBLIC UTILITIES
Sec. 111.051. APPLICABILITY OF STATUTE TO PUBLIC UTILITIES. A
public utility is subject to the provisions of this subchapter
and other provisions of this chapter relating to public
utilities.
Acts 1977, 65th Leg., p. 2582, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.052. DISCRIMINATION BY PUBLIC UTILITY. No public
utility in its operations as a public utility may discriminate
between or against its patrons in regard to facilities furnished
or services rendered, or rates charged under the same or similar
circumstances, in the storage of crude oil.
Acts 1977, 65th Leg., p. 2582, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.053. BOND OF PUBLIC UTILITY. (a) Before engaging in
business as a public utility, a person, association, or
corporation that is to engage in business as a public utility
shall file a bond in an amount not to exceed $25,000 that is
properly executed and made payable to the State of Texas with the
amount of the bond and the sureties on the bond subject to the
approval of the commission.
(b) In lieu of a bond as required by Subsection (a), a person,
association, or corporation may deposit with the commission:
(1) bonds of the United States;
(2) certificates of indebtedness issued by the United States
secretary of the treasury;
(3) bonds of this state or a county, municipality, or school
district of this state; or
(4) shares or share accounts of savings and loan associations
organized under the laws of this state or federal savings and
loan associations domiciled in this state, if the shares or share
accounts are insured by the Federal Deposit Insurance
Corporation.
(c) The bond or securities in lieu of the bond as provided by
Subsection (b) shall be approved by the commission before the
bond is filed or the securities deposited.
(d) After proper notice and hearing as provided by law, the
amount of the bond may be changed from time to time by order of
the commission, according to the volume of business done or to be
done by the public utility.
(e) The bond shall be conditioned that the public utility will
observe the applicable provisions of this subchapter and chapter
and the rules of the commission insofar as its business is
regulated and controlled by the commission and that the public
utility will exercise ordinary care in the storage, preservation,
handling, and delivery of petroleum products entrusted to it and
shall guarantee the classification, measurements, and grades made
by it under its authority and in conformity herewith.
(f) The bond shall be for the benefit of the patrons of the
public utility and their assignees as though they were named
obligees in the bond and they shall severally have the right of
suit on the bond.
Acts 1977, 65th Leg., p. 2582, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 2001, 77th Leg., ch. 1420, Sec.
8.107, eff. Sept. 1, 2001.
Sec. 111.054. LIEN FOR STORAGE CHARGES. A public utility shall
have a lien on the commodity in its possession to secure it in
the payment of all proper storage charges against the commodity
or the transportation charges accrued to or paid or advanced by
it or both and the lien is superior to all other liens on the
commodity except a lien for taxes.
Acts 1977, 65th Leg., p. 2582, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER D. COMMON PURCHASERS
Sec. 111.081. DEFINITION OF COMMON PURCHASER. (a) In this
subchapter, "common purchaser" means:
(1) every person that purchases crude oil or petroleum produced
within the limits of this state and that is affiliated through
stock ownership, common control, contract, or in any other manner
with a common carrier by pipeline or is itself a common carrier;
(2) every person, gas pipeline company, or gas purchaser that
claims or exercises the right to carry or transport natural gas
by pipeline or pipelines for hire, compensation, or otherwise
within the limits of this state or that engages in the business
of purchasing or taking natural gas, residue gas, or casinghead
gas thereof;
(3) every person that operates a crude oil gathering system,
whether by pipeline or truck, that may purchase crude oil or
petroleum in this state, whether or not it is a common carrier or
affiliated with a common carrier; and
(4) the business of purchasing or of purchasing and selling
crude petroleum by the use of a gathering system for crude
petroleum, whether by pipeline or by truck.
(b) The persons covered by Subdivision (3), Subsection (a) of
this section do not include persons transporting only crude oil
from property in which they own an operating interest.
(c) The operation of a crude oil gathering system by a person,
association of persons, or corporation transporting only crude
oil from property in which it owns an operating interest shall
not be considered to be included in Subdivision (4) of Subsection
(a) of this section.
Acts 1977, 65th Leg., p. 2582, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.082. PURPOSE FOR INCLUDING CERTAIN ENTITIES UNDER
REGULATION AS COMMON PURCHASERS. Persons, gas pipeline
companies, and gas purchasers claiming or exercising the right to
carry or transport natural gas by pipeline or pipelines for hire,
compensation, or otherwise within the limits of this state are
regulated as common purchasers under this subchapter for the
purpose of further conserving the natural gas resources of this
state.
Acts 1977, 65th Leg., p. 2583, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.083. DUTY OF CERTAIN COMMON PURCHASERS. A common
purchaser as defined in Subdivision (2), Subsection (a), Section
111.081 of this code shall purchase or take the natural gas
purchased or taken by it as a common purchaser under rules
prescribed by the commission in the manner, under the inhibitions
against discriminations, and subject to the provisions applicable
under this chapter to common purchasers of oil.
Acts 1977, 65th Leg., p. 2583, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.084. OPERATION OF GATHERING SYSTEMS FOR CRUDE
PETROLEUM. The operation of gathering systems for crude
petroleum by pipeline or by truck in connection with the purchase
or purchase and sale of crude petroleum is a business in the mode
of the conduct of which the public is interested, and as such is
subject to regulation by law. Therefore, it is provided that the
business of purchasing or of purchasing and selling crude
petroleum by the use of a gathering system for crude petroleum,
whether by pipeline or by truck, shall not be conducted unless
the person operating the gathering system being used in this
manner in connection with this business is a common purchaser
under this law and subject to the jurisdiction conferred on the
commission over common purchasers.
Acts 1977, 65th Leg., p. 2583, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.085. APPLICABILITY OF RATE PROVISIONS TO CERTAIN COMMON
PURCHASERS. Common purchasers as defined in Subdivision (3),
Subsection (a), Section 111.081 of this code are subject to the
same regulation concerning rates and charges for gathering,
transporting, loading, and delivering crude petroleum as set out
in Subchapter F of this chapter.
Acts 1977, 65th Leg., p. 2583, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.086. DISCRIMINATION BETWEEN PERSONS AND FIELDS. (a) A
common purchaser shall purchase oil offered to it for purchase
without discrimination in favor of one producer or person against
another producer or person in the same field and without unjust
or unreasonable discrimination between fields in this state.
(b) A question of justice or reasonableness under this section
shall be determined by the commission taking into consideration
the production and age of wells in respective fields and all
other proper factors.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.087. CONDITIONS IN TAKING PRODUCTION. (a) No common
purchaser may discriminate between or against crude oil or
petroleum of a similar kind or quality in favor of its own
production, or production in which the common carrier may be
directly or indirectly interested in whole or part.
(b) For the purpose of prorating the purchase of crude oil or
petroleum to be marketed, the production shall be taken in like
manner as that of any other person or producer and shall be taken
in the ratable proportion that the production bears to the total
production offered for market in the field.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.088. COMMISSION RELIEF. After proper notice and
hearing as provided by law, the commission may relieve any common
purchaser from the duty of purchasing petroleum of inferior
quality or grade.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.089. DISCRIMINATION AS TO ROYALTY OIL. (a) In making
purchases of royalty oil, a common purchaser shall comply with
the provisions of this subchapter, Subchapters C, F, and G of
this chapter, and Sections 111.004, 111.025, 111.131 through
111.133, 111.136, 111.137, and 111.140 of this code, and shall
not discriminate between royalty owners or landowners or both in
making those purchases.
(b) No common purchaser may unreasonably delay payments to a
royalty owner or landowner or both in purchases of said oil or
gas.
(c) In addition to other penalties, the royalty owner or
landowner or both have a cause of action for violation of this
section against the common purchaser for damages and may file
suit for damages in any court of competent jurisdiction in the
county in which the royalty lies.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.090. COMPLIANCE BY COMMON PURCHASERS. The commission
shall enforce compliance with this subchapter, Subchapters C, F,
and G of this chapter, and Sections 111.004, 111.025, 111.131
through 111.133, 111.136, 111.137, and 111.140 of this code and
after notice and hearing, may make rules and orders defining the
distance that extensions or gathering lines shall be made to all
oil or gas wells and other rules or orders that may be necessary
to carry out those provisions cited in this section and to
prevent discrimination.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.091. PREVENTION OF DISCRIMINATION. (a) The commission
shall make inquiry in each field concerning the connection of
various producers, and if discrimination is found to be practiced
by a common purchaser, the commission shall issue an order to the
common purchaser to make any reasonable extensions of its lines,
reasonable connections, and ratable purchases that will prevent
the discrimination.
(b) The commission may issue a show cause order to any common
purchaser requesting it to appear and show cause why it should
not purchase the allowable production of any producer
discriminated against under Subsection (a) of this section.
Acts 1977, 65th Leg., p. 2584, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.092. INJUNCTION TO PREVENT DISCRIMINATION. On
information that discrimination is practiced in its purchases by
a common purchaser, the commission shall request the attorney
general to bring a mandatory injunction suit against the common
purchaser to compel the reasonable extensions that are necessary
to prevent discrimination.
Acts 1977, 65th Leg., p. 2585, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.093. FORFEITURE OF CHARTER OF DOMESTIC CORPORATION.
(a) If a domestic corporation that is a common purchaser
violates any provision of this subchapter, Subchapter C, F, or G
of this chapter, or Sections 111.004, 111.025, 111.131 through
111.133, 111.136, 111.137, or 111.140 of this code or any valid
rule promulgated by the commission under those provisions, the
attorney general may bring suit in a district court in Travis
County against the corporation to forfeit the charter of the
corporation and enjoin and forever prohibit the corporation from
doing business in this state.
(b) If the corporation is found guilty by the court before whom
the action is brought under this section, the charter of the
corporation may be forfeited and the injunction may be granted,
provided that the forfeiture and injunction are in addition to
all other penalties.
Acts 1977, 65th Leg., p. 2585, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.094. FORFEITURE OF CHARTER OF FOREIGN CORPORATION. (a)
If a foreign corporation that is a common purchaser violates a
provision of this subchapter, Subchapter C, F, or G of this
chapter, or Sections 111.004, 111.025, 111.131 through 111.133,
111.136, 111.137, or 111.140 of this code or a valid rule
promulgated by the commission under these provisions, the
attorney general may bring suit in a district court of Travis
County to cancel the permit of the corporation and enjoin and
forever prohibit the corporation from doing business in this
state.
(b) If the corporation is found guilty by the court before whom
the action is brought, the permit may be cancelled and the
injunction may be granted, provided the cancellation and
injunction are in addition to all other penalties.
Acts 1977, 65th Leg., p. 2585, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.095. ACTION FOR DAMAGES. (a) If a person is
discriminated against by a common purchaser in favor of the
production of the common purchaser, the person may bring an
action for damages against the common purchaser.
(b) An action for damages under this section may be brought in
any court of competent jurisdiction in the county in which the
damage occurred.
Acts 1977, 65th Leg., p. 2585, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.096. DUTIES AND RESPONSIBILITIES OF COMMON PURCHASERS,
PURCHASERS, GATHERERS, AND TRANSPORTERS. Notwithstanding the
provisions of any statute or law including the provisions of this
subchapter, Subchapters C, F, and G of this chapter, and Sections
111.004, 111.025, 111.131 through 111.133, 111.136, 111.137, and
111.140 of this code, none of the provisions of Sections 111.081,
111.084, 111.085, and 111.091 of this code shall increase or
decrease the duties or responsibilities of any common purchaser,
purchaser, gatherer, or transporter of natural gas, residue gas,
or casinghead gas.
Acts 1977, 65th Leg., p. 2585, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.097. ANTITRUST LAWS UNAFFECTED. (a) No provision of
this subchapter may be construed as modifying, limiting,
changing, repealing, or affecting in any manner any part of the
present law of this state defining and regulating trusts,
monopolies, and conspiracies in restraint of trade.
(b) No provision of this subchapter may be construed as
authorizing any agreement or combination or both of capital,
skill, and acts or any of these and any combination or
consolidation now prohibited by the antitrust laws of this state
or laws of this state prohibiting trusts, monopolies, and
conspiracies in restraint of trade or both.
(c) No provision of this subchapter is intended or may be
construed as authorizing any agreement, act, combination,
consolidation, or other arrangement that is now prohibited under
the antitrust laws of this state or the laws prohibiting and
defining trusts, monopolies, and conspiracies in restraint of
trade or both.
Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER E. POWERS AND DUTIES OF THE COMMISSION
Sec. 111.131. COMMISSION RULES FOR COMMON CARRIERS. The
commission shall establish and promulgate rules for gathering,
transporting, loading, and delivering crude petroleum by common
carriers in this state and for use of storage facilities
necessarily incident to this transportation and shall prescribe
and enforce rules, in the manner provided by law, for the
government and control of common carriers with respect to their
pipelines and receiving, transferring, and loading facilities.
Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.132. COMMISSION RULES FOR PUBLIC UTILITIES. (a) The
commission shall establish and enforce rules governing:
(1) the character of facilities to be furnished by public
utilities;
(2) the forms of receipts to be issued by public utilities; and
(3) the rates, charges, and rules for the storage of crude
petroleum by public utilities in respect to their storage
facilities and for the inspection, grading, measurement,
deductions for waste or deterioration, and the delivery of their
products.
(b) The commission also shall exercise its authority to
establish and enforce rules governing public utilities on
petition of an interested person.
Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.133. ENFORCEMENT BY COMMISSION. The commission may
make rules for the enforcement of the provisions of Subchapters
C, D, and F of this chapter and Sections 111.004, 111.025,
111.131 through 111.132, 111.136, 111.137, and 111.140 of this
code.
Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.134. NOTICE AND HEARING. No order of the commission
establishing, prescribing, or modifying rules or rates may be
made except after a hearing and after not less than 10 days nor
more than 30 days notice to the person, firm, corporation,
partnership, joint stock association, or association owning or
controlling and operating the pipeline or pipelines affected.
Acts 1977, 65th Leg., p. 2586, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.135. VALIDITY OF COMMISSION ORDERS. Until set aside or
vacated by an order or decree of a court of competent
jurisdiction, all orders of the commission relating to any matter
within its jurisdiction shall be accepted as prima facie evidence
of their validity.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.136. REVIEW OF ORDERS. A person affected by an order
of the commission adopted under the authority of this chapter is
entitled to judicial review of that order in a manner other than
by trial de novo.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.137. ENLARGEMENT AND EXTENSION OF FACILITIES. On its
own initiative without complaint, and after proper notice and
hearing, as provided by law the commission may authorize or
require by order any common carrier owning or operating pipelines
in this state or owning, operating, or managing crude petroleum
storage tanks or facilities for the public for hire, to extend or
enlarge those pipelines or storage facilities if the extension or
enlargement is found to be reasonable and required in the public
interest and the expense involved will not impair the ability of
the common carrier or public utility to perform its duty to the
public.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.138. BOOKS AND RECORDS. The commission may investigate
the books and records kept by any common carrier in connection
with its business.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.139. REPORTS. (a) The commission shall require each
common carrier to make reports including duly verified monthly
reports of:
(1) the total quantities of crude petroleum owned by the common
carrier in the state;
(2) the total quantities of crude petroleum held by the common
carrier in storage for others in the state; and
(3) the common carrier's unfilled storage capacity.
(b) The commission shall give no publicity to the stock of crude
petroleum on hand of any particular common carrier, but the
commission may, in its discretion, make public the aggregate
amounts held by all common carriers making reports and their
aggregate storage capacity.
(c) The commission shall require each common carrier to mail,
return receipt requested, a copy of all spill or leak reports
required by the commission to residents or owners of land upon
which a spill or leak has occurred within 30 days of filing the
report with the commission. If a resident or owner of land has
not registered with the commission, the common carrier is
relieved of the requirement to mail copies of spill or leak
reports to the resident or landowner. The commission shall
provide a procedure for residents and owners of land crossed by a
common carrier pipeline to voluntarily register their names and
mailing addresses with the commission.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 630, Sec. 2,
eff. Sept. 1, 1993.
Sec. 111.140. FILING MONTHLY STATEMENTS. (a) On or before the
20th day of each calendar month, every common carrier in this
state and every public utility shall file with the commission and
shall post in a conspicuous place accessible to the general
public in its principal office and each of its division offices
in this state a statement, duly verified, containing information
concerning its business during the preceding calendar month as
follows:
(1) the amount of crude or refined petroleum in the actual and
immediate custody of the common carrier or public utility at the
beginning and close of the month and the location or holding
point of this petroleum, including the location and designation
of each plant or place of deposit and the name of its owner;
(2) the amount of crude or refined petroleum received by the
common carrier or public utility during the month;
(3) the amount of crude or refined petroleum that was delivered
by the common carrier or public utility during the month;
(4) the amount of crude or refined petroleum held by the common
carrier or public utility for itself or parent or affiliated
organizations; and
(5) the available empty storage owned or controlled by the
common carrier or public utility and its location.
(b) The information to be provided under Subsection (a) of this
section shall be set out separately as to crude petroleum and
each refined product of crude petroleum in each statement.
Acts 1977, 65th Leg., p. 2587, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.141. GRADES OF OIL. (a) The commission shall make
rules for:
(1) the ascertainment of the amount of water and other foreign
matter in oil tendered for transportation;
(2) deduction for water and other foreign matter; and
(3) the amount of deduction to be made for temperature, leakage,
and evaporation.
(b) No common carrier may be required to receive or transport
any crude petroleum except that which is marketable under rules
prescribed by the commission.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.142. EQUITABLE APPORTIONMENT OF EXCESSIVE AMOUNT OF
CRUDE PETROLEUM. If more crude petroleum is offered for
transportation by a common carrier than can be transported
immediately, it shall be apportioned equitably, and the
commission may make and enforce general or specific rules for
equitable apportionment.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER F. RATES
Sec. 111.181. ESTABLISHING AND PROMULGATING RATES. The
commission shall establish and promulgate rates of charges for
gathering, transporting, loading, and delivering crude petroleum
by common carriers in this state and for use of storage
facilities necessarily incident to this transportation.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.182. ITEMS INCLUDED IN RATES. The rates established
and promulgated by the commission shall include both single- and
joint-line transportation, deduction for evaporation and
shrinkage, demurrage, storage, and overage charges and all other
similar items.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.183. BASIS FOR RATE. The basis of the rates shall be
an amount that will provide a fair return on the aggregate value
of the property of a common carrier used and useful in the
services performed after providing reasonable allowance for
depreciation and other factors and for reasonable operating
expenses under honest, efficient, and economical management.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.184. DISCRETION OF COMMISSION. The commission has
reasonable latitude in establishing and adjusting competitive
rates.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.185. TEMPORARY RATES. If a common carrier makes
application or files a tariff to establish a new rate on either a
new or old line, a temporary rate may be placed into effect
immediately on filing the tariff with the commission.
Acts 1977, 65th Leg., p. 2588, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.186. REPARATION AND REIMBURSEMENT. If rates have been
filed, each shipper who pays these filed rates is entitled to
reparation or reimbursement of all excess rates or transportation
charges paid over and above the rate that is finally determined
on the shipments.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.187. REIMBURSEMENT OF EXCESS CHARGES. If a rate is
filed by a common carrier and complaint against the rate or
petition to reduce the rate is filed by a shipper, and the
complaint is sustained in whole or part, all shippers who have
paid the rates filed by the common carrier are entitled to
reparation or reimbursement of all excess transportation charges
paid over and above the proper rate as finally determined on all
shipments made after the date of the filing of the complaint.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.188. ANNUAL RATE HEARING. The commission shall hold a
general hearing once each year for the purpose of adjusting rates
to conform to the basis of rates and charges provided in this
subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.189. HEARING AND DETERMINATION OF RATES. If a person
at interest files an application for a change in a rate or rates,
the commission shall call a hearing and immediately after the
hearing shall establish and promulgate a rate or rates in
accordance with the basis provided in this subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.190. HEARINGS TO ADJUST RATES. On its own motion or on
motion of any interested person, the commission shall hold a
hearing to adjust, establish, and promulgate a proper rate or
rates if it has reason to believe that any rate or rates do not
conform to the basis provided in this subchapter.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER G. ENFORCEMENT
Sec. 111.221. COMPLAINTS; JURISDICTION TO HEAR COMPLAINTS. Any
person or the attorney general on behalf of the state may
institute proceedings before the commission or apply for a
hearing before the commission on any question relating to the
enforcement of Subchapters C, D, and F of this chapter and
Sections 111.004, 111.025, 111.131 through 111.133, 111.136,
111.137, and 111.140 of this code, and the commission has
jurisdiction to hear and determine these questions after giving
proper notice as provided by law.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.222. APPLICATION FOR RECEIVERSHIP. If a rule or order
promulgated by the commission under Subchapter C, D, or F of this
chapter or Section 111.004, 111.025, 111.131 through 111.133,
111.136, 111.137, or 111.140 of this code is found by a court to
be valid in whole or part in a suit to which the commission is a
party, and if another party to the suit or other proceedings
violates the rule, order, or judgment or allows any property
owned or controlled by him to be used in violation of the rule,
order, or judgment, the commission shall make application to the
judge of the trial court setting out the rule, order, or judgment
and that the party subsequent to the date of the judgment
violated or is violating the rule, order, or judgment and
requesting a receiver be appointed as provided in Section 111.223
of this code.
Acts 1977, 65th Leg., p. 2589, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.223. APPOINTMENT OF RECEIVER. On application by the
commission and after notice and hearing, the judge of the trial
court may appoint a receiver of the property involved in
violating the rule, order, or judgment and shall set a proper
bond for the receiver.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.224. DUTIES AND RESPONSIBILITIES OF RECEIVER. As soon
as the receiver has qualified, he shall take possession of the
property and shall perform his duties as receiver of the property
under the orders of the court, strictly observing the rule,
order, or judgment.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.225. MOTION TO DISSOLVE RECEIVERSHIP. A party whose
property has been placed in the hands of a receiver may move to
dissolve the receivership and discharge the receiver only on
showing that the party has not wilfully violated nor allowed
property owned or controlled by him to be used in violating the
rule, order, or judgment or on other good cause shown.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.226. BOND. (a) Before dissolving the receivership or
discharging the receiver, the court, in its discretion, may
require the party applying for the dissolution or discharge to
give bond with good and sufficient sureties in an amount to be
fixed by the court, sufficient reasonably to indemnify all
persons who may suffer damage by reason of the violation of the
rule or order judged to be valid.
(b) In determining the amount of the bond, the judge shall take
into consideration all the facts and circumstances surrounding
the parties that he considers necessary to determine the
reasonableness of the amount of the bond.
(c) If the bond is made by a bonding or surety company, it shall
be made by a company authorized to do business in this state.
(d) The bond shall be made payable to and be approved by the
judge of the court and shall be for the use and benefit of and
may be sued on by all persons who suffer damage by reason of any
further violation by the party giving the bond and who brings
suit on the bond.
(e) From time to time on motion, the court may increase or
decrease the amount of the bond and may require new or additional
sureties as the facts may warrant or justify.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.227. PROVISIONS APPLICABLE TO ENFORCEMENT. The
provisions of Title 102, Revised Civil Statutes of Texas, 1925,
as amended, including provisions of this code formerly included
in that title, apply in the enforcement of Subchapters C, D, and
F of this chapter and Sections 111.004, 111.025, 111.131 through
111.133, 111.136, 111.137, and 111.140 of this code.
Acts 1977, 65th Leg., p. 2590, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER H. PENALTIES
Sec. 111.261. PENALTY RECOVERABLE BY STATE. A common carrier
under this chapter is subject to a penalty of not less than $100
nor more than $1,000 for each offense, recoverable in the name of
the state, if the common carrier:
(1) violates Section 111.013 through 111.024, 111.134, 111.135,
111.138, 111.139, 111.141, or 111.142 of this code or a valid
order of the commission; or
(2) fails to perform a duty imposed by Section 111.013 through
111.024, 111.134, 111.135, 111.138, 111.139, 111.141, or 111.142
of this code.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.262. PENALTY RECOVERABLE BY AGGRIEVED PARTY. A common
carrier is subject to a penalty of not less than $100 nor more
than $1,000 for each offense of unlawful discrimination as
defined in Sections 111.015 through 111.017 of this code. The
suit shall be brought in the name of and for the use of the
aggrieved person, corporation, or association of persons.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
Sec. 111.263. PENALTY RECOVERABLE BY STATE AND AGGRIEVED PARTY.
(a) Any person who violates a provision of Subchapter C, D, F,
or G of this chapter or Section 111.004, 111.025, 111.131 through
111.133, 111.136, 111.137, or 111.140 of this code, a rule
promulgated under these subchapters or sections, or an order
passed by the commission under these subchapters or sections or
one of these rules, on violation, is subject to a penalty of not
less than $100 nor more than $1,000 for each offense recoverable
in the name of the state in a district court in Travis County.
Each day a violation continues constitutes a separate offense.
(b) One-half of the penalty may be recovered by and for the use
of any person against whom there is an unlawful discrimination as
defined in Subchapter D of this chapter, and this suit shall be
brought in the name of and for the use of the party or parties
aggrieved.
Acts 1977, 65th Leg., p. 2591, ch. 871, art. I, Sec. 1, eff.
Sept. 1, 1977.
SUBCHAPTER I. COMMON CARRIER COAL PIPELINES
Sec. 111.301. CERTIFICATE REQUIRED. A person that is a common
carrier under Subsection (5), Section 111.002 of this code must
apply for and be issued a certificate of public convenience and
necessity from the commission pursuant to the commission's
authority to issue certificates under Section 111.302 of this
code if the commission finds after a hearing that the public
convenience and necessity will be served by the construction and
operation of the pipeline.
Acts 1977, 65th Leg., p. 2692, ch. 871, art. II, Sec. 3, eff.
Sept. 1, 1977.
Sec. 111.302. COMMISSION AUTHORITY TO ISSUE CERTIFICATES. (a)
The commission is further authorized, empowered, and directed to
issue certificates of public convenience and necessity to
pipelines transporting coal in whatever form or mixture for hire
in Texas if the commission finds that the public convenience and
necessity will be served in that existing facilities will not be
able to provide the transportation as economically or efficiently
as the proposed pipeline.
(b) In exercising its powers and duties under this section, the
commission may not issue a permit for or attempt to regulate in
any manner the condemnation, appropriation, or acquisition of
surface or ground water in Texas.
(c) The commission shall not issue a permit, certificate, or any
authority to any applicant whose rates and charges are not
regulated by government authority, either state or federal, and
that state or federal regulations insure to the public and to the
ultimate electric consumer that the contracts, rates, and charges
shall be just and reasonable, nondiscriminatory, and offering no
preference or advantage to any person, corporation, entity, or
group.
(d) The commission shall not issue a permit, certificate, or any
authority to any applicant whose pipeline transporting coal in
whatever form unless the pipeline transporting coal in whatever
form is to be buried at least 36 inches below the surface, except
in such instances in which the commission specifically exempts
the 36-inch depth requirement and unless the pipeline
transporting coal in whatever form conforms to all applicable
state or federal regulations concerning the operation,
maintenance, and construction of that same pipeline.
(e) The commission shall condition the issuance of a
certification upon the requirement that the pipeline company
shall take no more than 50 feet in width of right-of-way under
the power of eminent domain, except for temporary work areas
adjacent to the right-of-way and then not to exceed 100 feet in
width for the duration of the construction period only; and
provided that any condemnation award granted under this chapter
shall take into account the damages to the remainder caused by
the exercise of eminent domain for the temporary work areas.
Acts 1977, 65th Leg., p. 2693, ch. 871, art. II, Sec. 3, eff.
Sept. 1, 1977.
Sec. 111.303. CERTIFICATION PROCEDURE. (a) The coal pipeline
applicant shall publish, in accordance with regulations
promulgated by the commission and existing law, a notice that it
has filed an application for a certificate of public convenience
and necessity under this Act in a newspaper of general
circulation in each county in which the project will be located.
The notice shall, among other things, specify to the extent
practicable the land which would be subject to the power of
eminent domain.
(b) The commission shall then conduct public hearings in areas
of the state along the prospective pipeline right-of-way as it
shall determine shall be necessary to give property owners an
opportunity to be heard. The commission is vested with authority
to alter the right-of-way to meet with local objections.
Acts 1977, 65th Leg., p. 2693, ch. 871, art. II, Sec. 3, eff.
Sept. 1, 1977.
Sec. 111.304. TRANSPORTATION CONTRACT. No common carrier
pipeline transporting coal in whatever form shall contract or
otherwise agree to transport coal for a term in excess of three
years without prior approval of that contract or agreement by the
commission which approval shall be given on determination that
the contract or agreement is in the public interest in which case
the contract or agreement shall be enforceable.
Acts 1977, 65th Leg., p. 3693, ch. 871, art. II, Sec. 3, eff.
Sept. 1, 1977.
Sec. 111.305. OTHER AGENCIES. (a) The commission shall seek
and act on the recommendations of the Texas Natural Resource
Conservation Commission, the Governor's Energy Advisory Council,
or their successors responsible for environmental determinations
and shall specify the proper use and disposal of nondischargeable
water.
(b) Neither the authority conveyed to the commission by this
subchapter to issue certificates and to promulgate rules
governing pipelines transporting coal in whatever form nor the
powers and duties conveyed on those pipelines by this chapter
shall affect, diminish, or otherwise limit the jurisdiction and
authority of the Texas Natural Resource Conservation Commission
to regulate by applicable rules the acquisition, use, control,
disposition, and discharge of water or water rights in Texas.
Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, Sec. 3, eff.
Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 76, Sec.
11.272, eff. Sept. 1, 1995.
SUBCHAPTER J. WELL WASTEWATER CORPORATION
Sec. 111.401. DEFINITION. In this subchapter, "well wastewater"
means water containing salt or other substances produced during
drilling or operating oil and other types of wells.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1,
1997.
Sec. 111.402. CREATION OF WELL WASTEWATER CORPORATION. A well
wastewater corporation may be created to gather, store, and
impound well wastewater and to prevent the flow of the well
wastewater into a stream when the stream may be used for
irrigation.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1,
1997.
Sec. 111.403. CORPORATION POWERS. In addition to the general
powers conferred to a private corporation, a well wastewater
corporation may acquire, own, and operate a ditch, canal,
pipeline, levee, or reservoir, and an associated appliance as
appropriate to gather, impound, or store well wastewater and to
protect a reservoir from inflow or damage by surface water.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1,
1997.
Sec. 111.404. CONDEMNATION. (a) A well wastewater corporation
may condemn land or a property right necessary for a purpose of
the corporation.
(b) A well wastewater corporation's ditch, canal, or pipeline
may cross under a highway, canal, pipeline, railroad, or tram or
logging road if the use of the highway, canal, pipeline,
railroad, or tram or logging road is not impaired except for the
time necessary to construct the crossing.
(c) Without the consent of the appropriate authority, a well
wastewater corporation's ditch, canal, or pipeline may not:
(1) pass through a cemetery;
(2) pass under a residence or public building; or
(3) cross a street or alley of a municipality.
Added by Acts 1997, 75th Leg., ch. 166, Sec. 6, eff. Sept. 1,
1997.
Sec. 111.405. SERVICE TO WELL WASTEWATER PRODUCERS. (a) A well
wastewater corporation shall serve all well wastewater producers
in the area in which the corporation operates to the extent the
corporation has adequate facilities to gather, impound, and store
well wastewater.
(b) A well wastewater corporation:
(1) shall serve a well wastewater producer in proportion to t