CHAPTER 114. OIL TANKER VEHICLES

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS

CHAPTER 114. OIL TANKER VEHICLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 114.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Railroad Commission of Texas.

(2) "Liquid hydrocarbons" means unrefined oil or condensate, and

refined oil or condensate to be blended with unrefined liquid

hydrocarbons.

(3) "Transporter" means each gatherer, storer, or other handler

of liquid hydrocarbons who moves or transports those liquid

hydrocarbons by truck or other motor vehicle.

(4) "Oil tanker vehicle" means a motor vehicle licensed for

highway use on a public highway or used on a public highway:

(A) that is equipped with, carrying, pulling, or otherwise

transporting an assembly, compartment, tank, or other container

that is used for transporting, hauling, or delivering liquids;

and

(B) that is being used to transport liquid hydrocarbons on a

public highway.

(5) "Public highway" means a way or place of whatever nature

open to the use of the public as a matter of right for the

purpose of vehicular travel, even if the way or place is

temporarily closed for the purpose of construction, maintenance,

or repair.

(6) "Lease" means a well producing oil, gas, or oil and gas, and

any group of contiguous wells producing oil, gas, or oil and gas

of any number operated as a producing unit.

(7) "Facility" means any place used to store, process, refine,

reclaim, dispose of, or treat liquid hydrocarbons.

(8) "Cargo manifest" means one or more documents that together

contain the information required by Section 114.012 of this code.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

Sec. 114.002. APPLICABILITY OF CHAPTER. This chapter does not

apply to:

(1) a common carrier as defined by and regulated under Chapter

111 of the Natural Resources Code; or

(2) the movement by a person or entity by motor vehicle of salt

water, brine, sludge, drilling mud, and other liquid or

semiliquid material arising out of or incidental to drilling for

or producing oil or gas if:

(A) the commission has authorized the person or entity to move

or transport the material and the material being moved or

transported contains less than seven percent liquid hydrocarbons

by volume; or

(B) the person or entity is not moving or transporting the

material for hire and the material being moved or transported

contains less than seven percent liquid hydrocarbons by volume.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

SUBCHAPTER B. CARGO MANIFEST

Sec. 114.011. CARGO MANIFEST REQUIRED. A cargo manifest must be

carried in each oil tanker vehicle transporting liquid

hydrocarbons on a public highway in this state and must be

presented on request for inspection as provided by Section

114.101 of this code.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

Sec. 114.012. CONTENTS OF CARGO MANIFEST. For each load of

liquid hydrocarbons loaded onto and transported by an oil tanker

vehicle, the cargo manifest must include:

(1) an identification of the lease or facility from which the

liquid hydrocarbons were removed which must include:

(A) the lease or facility name; and

(B) the name of the operator of the lease or facility;

(2) the total quantity of liquid hydrocarbons removed from the

lease or facility and loaded onto the oil tanker vehicle;

(3) the date and hour when the liquid hydrocarbons were removed

from the lease or facility and loaded onto the oil tanker

vehicle;

(4) the identity of the transporter which must include:

(A) the company or individual transporter's name and address;

(B) the oil tanker vehicle driver's name; and

(C) a unique number for the oil tanker vehicle that for a truck

tractor and semitrailer type oil tanker vehicle must include

unique vehicle numbers for both truck tractor and semitrailer;

and

(5) the intended point of destination for the liquid

hydrocarbons, including the name of the receiving facility.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

Sec. 114.013. COPY OF CARGO MANIFEST LEFT AT LEASE OR FACILITY.

(a) A copy of the cargo manifest must be left at the lease or

facility from which the liquid hydrocarbons were removed or

delivered to the lease or facility operator, his agent, or his

representative.

(b) The requirements of this section may be met by leaving a

separate document at the lease or facility from which the liquid

hydrocarbons were removed or delivering to the lease or facility

operator a separate document that includes information required

under Subdivisions (1)-(3) and Subdivisions (4)(A) and (B),

Section 114.012, of this code.

(c) If more than one load of liquid hydrocarbons are removed

from a single tank or other container of liquid hydrocarbons

within a period of 24 consecutive hours, Subdivisions (2) and

(3), Section 114.012, of this code may be met for purposes of

this section by a separate document that includes:

(1) the total quantity of liquid hydrocarbons removed;

(2) the date and hour the first load was removed; and

(3) the date and hour the last load was removed.

(d) If the operator of a facility requires that a transporter

leave at the facility or deliver to the operator a document other

than the transporter's cargo manifest, a transporter may meet the

requirements of this section by leaving those specified documents

at an agreed location or delivering the document to the operator.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

Sec. 114.014. CARGO MANIFEST RECORDS. After the delivery of all

liquid hydrocarbons in an oil tanker vehicle is completed, the

cargo manifest must be maintained in the records of the

transporter for a period of not less than two years from the date

the liquid hydrocarbons are removed from the oil tanker vehicle.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

SUBCHAPTER C. ENFORCEMENT

Sec. 114.101. AUTHORITY TO EXAMINE CARGO MANIFESTS. The

commission, its designated agents or employees, or a peace

officer may examine a cargo manifest, whether it is on an oil

tanker vehicle or in the records of the transporter, under

circumstances where the examination is a lawful attempt to

determine whether this chapter is being violated.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.

Sec. 114.102. CRIMINAL OFFENSES. (a) A person commits an

offense if the person knowingly or intentionally:

(1) fails to leave a copy of the cargo manifest or other

document as required under Section 114.013 of this code at the

lease or facility from which the liquid hydrocarbons were removed

or fails to deliver a copy of the cargo manifest or other

document as required under Section 114.013 of this code to the

operator of the lease or facility, his agent, or his

representative;

(2) operates an oil tanker vehicle without a cargo manifest as

required by this chapter;

(3) fails to maintain cargo manifest records as required under

Section 114.014 of this code; or

(4) forges or falsifies a cargo document or documents required

by this chapter or exhibits a cargo document or documents knowing

that those documents are forged or falsified.

(b) An offense under this section is a felony of the third

degree.

(c) It is an affirmative defense to prosecution under

Subdivision (1), (2), or (3), Subsection (a), of this section

that the person charged with the offense provides the information

required by Section 114.012 of this code.

(d) A penalty imposed for violation of this chapter is in

addition to any civil or administrative penalty or sanction

authorized by Sections 85.042 and 85.201 of this code or any

other provision of law.

Added by Acts 1983, 68th Leg., p. 1230, ch. 263, Sec. 30, eff.

Sept. 1, 1983.