NATURAL RESOURCES CODE
TITLE 5. GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES
CHAPTER 141. GEOTHERMAL RESOURCES
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 394, ch. 185, § 1, eff.
Aug. 27, 1979.
§ 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;
(C) heat or other associated energy found in
geothermal 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, § 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 395, ch. 185, § 2, eff.
Aug. 27, 1979.
SUBCHAPTER B. POWERS AND DUTIES OF THE RAILROAD COMMISSION
§ 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, § 1, eff. Sept. 1,
1977.
§ 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.
(c) Rules shall be made and enforced only after a public
hearing.
Acts 1977, 65th Leg., p. 2641, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 76, § 11.276, eff.
Sept. 1, 1995.
§ 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.
(c) In determining the amount of the penalty, the commission
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, § 6, eff. Aug.
29, 1983.
§ 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.
(c) If appropriate, the commission shall consolidate the
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, § 6, eff. Aug.
29, 1983.
§ 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.
(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 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, § 6, eff. Aug.
29, 1983. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(53),
(59), eff. Sept. 1, 1995.
§ 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, § 6, eff. Aug.
29, 1983.
§ 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, § 10, eff. Sept.
1, 1983. Renumbered from § 141.013 by Acts 1987, 70th Leg., ch.
167, § 5.01(a)(33), eff. Sept. 1, 1987.
SUBCHAPTER C. POWERS AND DUTIES OF THE COMMISSIONER AND BOARD
§ 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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977.
§ 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.
(c) The board may require the taking in kind of the state's
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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977. Amended by Acts 1995, 74th Leg., ch. 76, § 11.277, eff.
Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977.
§ 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.
(c) The permits and leases may be issued or granted for
research 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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977.
§ 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, § 1, eff. Sept. 1,
1977.
SUBCHAPTER D. ENFORCEMENT
§ 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, § 11, eff. Sept.
1, 1983. Amended by Acts 1995, 74th Leg., ch. 310, § 7, eff. Aug.
28, 1995.
§ 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.
(c) Venue for prosecution of an alleged violation of this
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, § 11, eff. Sept.
1, 1983.
