Tex. Nat. Res. Code § 91.101 · Subchapter D. PREVENTION OF POLLUTION
RULES AND ORDERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of section effective until delegation of RCRA authority to Railroad Commission of Texas
Sec. 91.101. RULES AND ORDERS.
(a) To prevent pollution of surface water or subsurface water in the state, the commission shall adopt and enforce rules and orders and may issue permits relating to:
(1) the drilling of exploratory wells and oil and gas wells or any purpose in connection with them;
(2) the production of oil and gas, including:
(A) activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;
(B) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission;
(C) activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;
(D) activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code;
(E) activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code; and
(F) activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;
(3) the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the commission; and
(4) the discharge, storage, handling, transportation, reclamation, or disposal of oil and gas waste as defined in Section 91.1011 of this subchapter, or of any other substance or material associated with any operation or activity regulated by the commission under Subdivisions (1), (2), and (3) of this subsection.
(b) Notwithstanding the provisions of Subsection (a) of this section, the authority granted to the commission by this section does not include the authority to adopt and enforce rules and orders or issue permits regarding the collection, storage, handling, transportation, processing, or disposal of waste arising out of or incidental to activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants if that waste is a hazardous waste as defined by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., as amended.
Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas
Sec. 91.101. RULES AND ORDERS.
To prevent pollution of surface water or subsurface water in the state, the commission shall adopt and enforce rules and orders and may issue permits relating to:
(1) the drilling of exploratory wells and oil and gas wells or any purpose in connection with them;
(2) the production of oil and gas, including:
(A) activities associated with the drilling of injection water source wells which penetrate the base of useable quality water;
(B) activities associated with the drilling of cathodic protection holes associated with the cathodic protection of wells and pipelines subject to the jurisdiction of the commission;
(C) activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants;
(D) activities associated with any underground natural gas storage facility, provided the terms "natural gas" and "storage facility" shall have the meanings set out in Section 91.173, Natural Resources Code;
(E) activities associated with any underground hydrocarbon storage facility, provided the terms "hydrocarbons" and "underground hydrocarbon storage facility" shall have the meanings set out in Section 91.201, Natural Resources Code; and
(F) activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel;
(3) the operation, abandonment, and proper plugging of wells subject to the jurisdiction of the commission; and
(4) the discharge, storage, handling, transportation, reclamation, or disposal of oil and gas waste as defined in Section 91.1011 of this subchapter, or of any other substance or material associated with any operation or activity regulated by the commission under Subdivisions (1), (2), and (3) of this section.
Notes and commentary — not statutory text
History (Text of section effective until delegation of RCRA authority to Railroad Commission of Texas)
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 921, Sec. 4, eff. June 15, 1985.
History (Text of section effective upon delegation of RCRA authority to Railroad Commission of Texas)
Acts 1977, 65th Leg., p. 2563, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5258, ch. 967, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 921, Sec. 4, eff. June 15, 1985.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.91.htm
- Text hash
- sha256 fe5f0379e400ecf97b39ffe8a2b4b32861ea9dd607bef58daf37cc534a57bccc
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
- the Legislative Council prints 2 versions of this section in force side by side, each under its caption
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 11 provisions
Provisions in this library whose text cites Tex. Nat. Res. Code § 91.101. Each shows the citation as that text prints it.
Health and Safety Code
Natural Resources Code
- Tex. Nat. Res. Code § 40.008RAILROAD COMMISSION AUTHORITY.Printed as Section 91.101
- Tex. Nat. Res. Code § 91.002CRIMINAL PENALTY.Printed as Section 91.101
- Tex. Nat. Res. Code § 91.1012ACCESS TO PROPERTY AND RECORDS.Printed as Section 91.101
- Tex. Nat. Res. Code § 91.113INVESTIGATION, ASSESSMENT, OR CLEANUP BY COMMISSION.Printed as Section 91.101
Occupations Code
Tax Code
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