WATER CODE

CHAPTER 29. SALT WATER HAULERS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 21, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 22, eff. Jan. 1, 
1992.

SUBCHAPTER B. PERMITS


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 23, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 24, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 25, eff. Sept. 1, 
1991.


	§ 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, § 1.  
Renumbered and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, 
§ 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 
5266, ch. 967, § 15, eff. Sept. 1, 1983.


	§ 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, § 1, eff. 
Sept. 1, 1977.


	§ 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, § 1, eff. 
Sept. 1, 1977.


	§ 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, § 1, eff. 
Sept. 1, 1977.

SUBCHAPTER C. COMMISSION AUTHORITY


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, § 12, eff. 
Sept. 1, 1983.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, § 12, eff. 
Sept. 1, 1983.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1983, 68th Leg., p. 5264, ch. 967, § 12, eff. 
Sept. 1, 1983.


	§ 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, § 12, eff. Sept. 
1, 1983.  Amended by Acts 1991, 72nd Leg., ch. 603, § 26, eff. 
Jan. 1, 1992.

SUBCHAPTER D. OFFENSES;  PENALTIES


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 27, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 28, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 29, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 30, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 603, § 31, eff. Jan. 1, 
1992.


	§ 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, § 1, eff. 
Sept. 1, 1977.


	§ 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, § 7, eff. Aug. 
29, 1983.


	§ 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, § 7, eff. Aug. 
29, 1983.


	§ 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, § 7, eff. Aug. 
29, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(53), 
(59), eff. Sept. 1, 1995.


	§ 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, § 7, eff. Aug. 
29, 1983.

SUBCHAPTER E. CIVIL ENFORCEMENT


	§ 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, § 13, eff. Sept. 
1, 1983.


	§ 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, § 13, eff. Sept. 
1, 1983.


	§ 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, § 13, eff. Sept. 
1, 1983.