Texas Natural Resources Code 81.070 – Establishment of Surcharges On Fees
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(a) Except as provided by Subsection (b), the commission by rule shall provide for the imposition of reasonable surcharges as necessary on fees imposed by the commission that are required to be deposited to the credit of the oil and gas regulation and cleanup fund as provided by § 81.067 in amounts sufficient to enable the commission to recover the costs of performing the functions specified by § 81.068 from those fees and surcharges.
(b) The commission may not impose a surcharge on an oil-field cleanup regulatory fee on oil collected under § 81.116 or an oil-field cleanup regulatory fee on gas collected under § 81.117.
Terms Used In Texas Natural Resources Code 81.070
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Rule: includes regulation. See Texas Government Code 311.005
(c) The commission by rule shall establish a methodology for determining the amount of a surcharge that takes into account:
(1) the time required for regulatory work associated with the activity in connection with which the surcharge is imposed;
(2) the number of individuals or entities from which the commission’s costs may be recovered;
(3) the effect of the surcharge on operators of all sizes, as measured by the number of oil or gas wells operated;
(4) the balance in the oil and gas regulation and cleanup fund; and
(5) any other factors the commission determines to be important to the fair and equitable imposition of the surcharge.
(d) The commission shall collect a surcharge on a fee at the time the fee is collected.
(e) A surcharge collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by § 81.067.
(f) A surcharge collected under this section shall not exceed an amount equal to 185 percent of the fee on which it is imposed.