CHAPTER 141. GEOTHERMAL RESOURCES

State Codes and Statutes

Statutes > Texas > Natural-resources-code > Title-5-geothermal-energy-and-associated-resources > Chapter-141-geothermal-resources

NATURAL RESOURCES CODE

TITLE 5. GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 141.001. SHORT TITLE. This chapter may be cited as the

Geothermal Resources Act of 1975.

Acts 1977, 65th Leg., p. 2640, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.002. DECLARATION OF POLICY. It is declared to be the

policy of the State of Texas that:

(1) the rapid and orderly development of geothermal energy and

associated resources located within the State of Texas is in the

interest of the people of the State of Texas;

(2) in developing the state's geothermal energy and associated

resources, the primary purpose is to provide a dependable supply

of energy in an efficient manner that avoids waste of the energy

resources;

(3) consideration shall be afforded to protection of the

environment, to protection of correlative rights, and to

conservation of natural resources by all agencies and officials

of the State of Texas involved in directing and prescribing rules

or orders governing the exploration, development, and production

of geothermal energy and associated resources and by-products in

Texas;

(4) since geopressured geothermal resources in Texas are an

energy resource system, and since an integrated development of

components of the resources, including recovery of the energy of

the geopressured water without waste, is required for best

conservation of these natural resources of the state, all of the

resource system components, as defined in this chapter, shall be

treated and produced as mineral resources; and

(5) in making the declaration of policy in Subdivision (4) of

this section, there is no intent to make any change in the

substantive law of this state, and the purpose is to restate the

law in clearer terms to make it more accessible and

understandable.

Acts 1977, 65th Leg., p. 2640, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 394, ch. 185,

Sec. 1, eff. Aug. 27, 1979.

Sec. 141.003. DEFINITIONS. In this chapter:

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

(2) "Board" means the School Land Board.

(3) "Commissioner" means the Commissioner of the General Land

Office.

(4) "Geothermal energy and associated resources" means:

(A) products of geothermal processes, embracing indigenous

steam, hot water and hot brines, and geopressured water;

(B) steam and other gasses, hot water and hot brines resulting

from water, gas, or other fluids artificially introduced into

geothermal formations;

formations; and

(D) any by-product derived from them.

(5) "By-product" means any other element found in a geothermal

formation which is brought to the surface, whether or not it is

used in geothermal heat or pressure inducing energy generation.

Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 395, ch. 185,

Sec. 2, eff. Aug. 27, 1979.

SUBCHAPTER B. POWERS AND DUTIES OF THE RAILROAD COMMISSION

Sec. 141.011. GENERAL DUTY OF THE RAILROAD COMMISSION. Except

for duties and responsibilities given to other agencies and

officials under this chapter, the commission shall regulate the

exploration, development, and production of geothermal energy and

associated resources on public and private land for the purpose

of conservation and the protection of correlative rights.

Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.012. RULES. (a) The commission, in consultation with

the commissioner and the executive director of the Texas Natural

Resource Conservation Commission, shall make, publish, and

enforce rules providing for the rapid and orderly exploration,

development, and production of geothermal energy and associated

resources and to accomplish the purposes of this chapter.

(b) The rules made under this section shall include rules

governing:

(1) protection of the environment against damage resulting from

the exploration, development, and production of geothermal energy

and associated resources;

(2) prevention of waste of natural resources, including

geothermal energy and associated resources, in connection with

the exploration, development, and production of geothermal energy

and associated resources;

(3) protection of the general public against injury or damage

resulting from the exploration, development, and production of

geothermal energy and associated resources; and

(4) protection of correlative rights against infringement

resulting from the exploration, development, and production of

geothermal energy and associated resources.

hearing.

Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 76, Sec.

11.276, eff. Sept. 1, 1995.

Sec. 141.013. ADMINISTRATIVE PENALTY. (a) If a person violates

provisions of this title which pertain to safety or the

prevention or control of pollution or the provisions of a rule,

order, license, permit, or certificate which pertain to safety or

the prevention or control of pollution and are issued under this

title, the person may be assessed a civil penalty by the

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.

shall consider the person's history of previous violations of

this subchapter or the rules, the seriousness of the violation,

any hazard to the health or safety of the public, and the

demonstrated good faith of the person.

Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff.

Aug. 29, 1983.

Sec. 141.014. PENALTY ASSESSMENT PROCEDURE. (a) A civil

penalty may be assessed only after the person charged with a

violation described under Section 141.013 of this code has been

given an opportunity for a public hearing.

(b) If a public hearing has been held, the 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.

hearings with other proceedings.

(d) If the person charged with the violation fails to avail

himself of the opportunity for a public hearing, a civil penalty

may be assessed by the commission after it has determined that a

violation did occur and the amount of the penalty that is

warranted.

(e) The commission shall then issue an order requiring that the

penalty be paid.

Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff.

Aug. 29, 1983.

Sec. 141.015. PAYMENT OF PENALTY; REFUND. (a) On the issuance

of an order finding that a violation has occurred, the 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 commission for placement in an

escrow account; or

(B) in lieu of payment into escrow, post a supersedeas bond with

the commission under the following conditions. If the decision or

order being appealed is the first final commission decision or

order assessing any administrative penalty against the person,

the 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 commission may accept a supersedeas bond. Each supersedeas

bond shall be for the amount of the penalty and in a form

approved by the commission and shall stay the collection of the

penalty until all judicial review of the decision or order is

final.

determined that no violation occurred or that the amount of the

penalty should be reduced or not assessed, the commission shall,

within the 30-day period immediately following that

determination, if the penalty has been paid to the commission,

remit the appropriate amount to the person, with accrued

interest, or where a supersedeas bond has been posted, the

commission shall execute a release of such bond.

(d) Failure to forward the money to the 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 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. 1419, ch. 286, Sec. 6, eff.

Aug. 29, 1983. Amended by Acts 1995, 74th Leg., ch. 76, Secs.

5.95(53), (59), eff. Sept. 1, 1995.

Sec. 141.016. RECOVERY OF PENALTY. Civil penalties owed under

Sections 141.013-141.015 of this code may be recovered in a civil

action brought by the attorney general at the request of the

commission.

Added by Acts 1983, 68th Leg., p. 1419, ch. 286, Sec. 6, eff.

Aug. 29, 1983.

Sec. 141.018. ACCESS TO PROPERTY. Members and employees of the

commission, on proper identification, may enter public or private

property to inspect and investigate conditions relating to the

exploration, development, and production of geothermal energy, to

monitor compliance with a rule, permit, or other order of the

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 safety, internal

security, and fire protection rules.

Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 10, eff.

Sept. 1, 1983. Renumbered from Sec. 141.013 by Acts 1987, 70th

Leg., ch. 167, Sec. 5.01(a)(33), eff. Sept. 1, 1987.

SUBCHAPTER C. POWERS AND DUTIES OF THE COMMISSIONER AND BOARD

Sec. 141.071. GENERAL AUTHORITY OF COMMISSIONER. To facilitate

and encourage the rapid and orderly development of geothermal

energy and associated resources, the commissioner may:

(1) provide for the orderly exploration of land that belongs to

the permanent school fund, excluding wildlife refuges and

recreational areas except as provided in Section 141.077 of this

code; and

(2) issue permits and charge reasonable fees for the permits in

accordance with rules promulgated under this chapter by the

board.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.072. DEPOSIT OF FEES. The fees collected from issuance

of the permits shall be deposited in General Land Office Fund 80

and used as the legislature may direct.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.073. LEASE OF PERMANENT SCHOOL FUND LAND. (a) On

direction of the commissioner, the board may lease land that

belongs to the permanent school fund, excluding wildlife refuges

and recreational areas, for the production of geothermal energy

and associated resources.

(b) The board has full authority to set the terms and conditions

of leases and may adopt rules relating to exploration,

development, and production of geothermal energy and associated

resources as the board determines to be in the best interest of

the state.

interest in the geothermal energy and associated resources or its

by-products provided from this land.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.074. FURNISHING LISTS OF LAND TO OTHER AGENCIES.

Before advertising land for lease, the commissioner shall furnish

a list of the tracts considered by the board for lease to the

Texas Natural Resource Conservation Commission, the commission,

and any other state or federal agency that might have information

that would be beneficial to the board in its determination of

terms and conditions of the proposed lease.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 76, Sec.

11.277, eff. Sept. 1, 1995.

Sec. 141.075. NOTICE OF SALE. Land offered for lease to the

public by the board shall be advertised in four daily newspapers

in the state that have general circulation at least 30 days in

advance of the sale date. The notice shall be published in three

issues of each newspaper.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.076. BIDS. (a) Sales of leases shall be made by

sealed bids.

(b) The board is entitled to reject any and all bids, but if it

accepts a bid, the bid must be determined by the board to be in

the best interest of the State of Texas.

Acts 1977, 65th Leg., p. 2642, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.077. LEASES AND PERMITS FOR GOVERNMENTAL AGENCIES. (a)

The board may grant permits and leases to state and federal

institutions, organizations, or groups desiring to do exploratory

or experimental research of geothermal energy and associated

resource potentials.

(b) These permits and leases may be granted on land that belongs

to the permanent school fund, excluding wildlife refuges and

recreational areas.

or experimental purposes under rules and conditions the board

determines to be in the best interest of the state.

(d) In granting these leases, the commissioner and board do not

have to follow the procedures in this subchapter for leasing to

the public.

Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.078. UNIT AGREEMENTS. (a) The board may approve unit

agreements of one or more leased tracts on application of the

lessees.

(b) Before approving any unit agreement, the board must find

that the unit agreement if approved by the board will be in the

best interest of the state.

Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 141.079. REPORT TO LEGISLATURE. During the first 30 days

of each regular session of the legislature, the commissioner

shall report on the status of the exploration, development, and

production of geothermal energy and associated resources under

the land governed by this subchapter.

Acts 1977, 65th Leg., p. 2643, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER D. ENFORCEMENT

Sec. 141.101. GENERAL ENFORCEMENT AUTHORITY. (a) In addition

to other authority specifically granted to the commission under

this chapter, the commission may enforce this chapter or any

rule, order, or permit of the commission adopted under this

chapter in the same manner and subject to the same conditions

provided by Chapters 81 and 85 of this code, including the

authority to seek and obtain civil penalties and injunctive

relief under those chapters.

(b) If the enforcement authority in Section 81.054, Natural

Resources Code, is used to institute a civil action alleging a

violation of an NPDES permit or the failure to obtain an NPDES

permit issued under this chapter, the attorney general may not

oppose intervention by a person who has standing to intervene as

provided by Rule 60, Texas Rules of Civil Procedure.

Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 11, eff.

Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 310, Sec. 7,

eff. Aug. 28, 1995.

Sec. 141.102. CRIMINAL PENALTY. (a) A person who knowingly,

wilfully, or with criminal negligence violates Subchapter B of

this chapter or a rule, order, or permit of the commission issued

under that subchapter commits an offense.

(b) An offense under Subsection (a) of this section is

punishable by a fine of not more than $10,000 a day for each day

a violation is committed.

section is in a court of competent jurisdiction in the county in

which the violation is alleged to have occurred.

Added by Acts 1983, 68th Leg., p. 5263, ch. 967, Sec. 11, eff.

Sept. 1, 1983.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!