NATURAL RESOURCES CODE
CHAPTER 114. OIL TANKER VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 30, eff. Sept.
1, 1983.
§ 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, § 30, eff. Sept.
1, 1983.
[Sections 114.003 to 114.010 reserved for expansion]
SUBCHAPTER B. CARGO MANIFEST
§ 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, § 30, eff. Sept.
1, 1983.
§ 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, § 30, eff. Sept.
1, 1983.
§ 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, § 30, eff. Sept.
1, 1983.
§ 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, § 30, eff. Sept.
1, 1983.
[Sections 114.015 to 114.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
§ 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, § 30, eff. Sept.
1, 1983.
§ 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, § 30, eff. Sept.
1, 1983.
