Texas Natural Resources Code
§ 91.115 — FIRST LIEN ON EQUIPMENT AND STORED HYDROCARBONS OR DRILL CUTTINGS
NR § 91.115Title 3. OIL AND GAS · Part B. CONSERVATION AND REGULATION OF OIL AND GAS · Ch. 91. PROVISIONS GENERALLY APPLICABLE · Art. D. PREVENTION OF POLLUTION
Statute text
View on source(a)If a responsible person fails to clean up a site or facility that has ceased oil and gas operations under the commission's jurisdiction on or before the date the site or facility is required to be cleaned up by law or by a rule adopted or order issued by the commission, the state has a first lien, superior to all preexisting and subsequent liens and security interests, on the responsible person's interest in any hydrocarbons or drill cuttings stored at the site or facility and in any equipment that is:
(1)located at the site or facility; and
(2)used by the responsible person in connection with the activity that generated the pollution.
(b)The lien is in the amount of the total costs of cleaning up the oil and gas wastes or other substances from the site or facility and arises on the date the site or facility is required by law or by a rule or order of the commission to be cleaned up.
(c)The commission may foreclose on the lien by entering into a contract to clean up the site or facility. The commission is not required to give notice or an opportunity for a hearing to subordinate lienholders before entering into a contract to clean up the site or facility.
(d)The lien is extinguished if the site or facility is cleaned up in accordance with commission rules by any person before the commission enters into a contract to clean up the site or facility.
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Legislative history
Acts 2021, 87th Leg., R.S., Ch. 57 (S.B. 1260), Sec. 1, eff. May 18, 2021. Acts 2021, 87th Leg., R.S., Ch. 57 (S.B. 1260), Sec. 2, eff. May 18, 2021.