(a) In this subchapter, “marginal well” means an oil well that is incapable of producing its maximum capacity of oil except by pumping, gas lift, or other means of artificial lift, and which well so equipped is capable, under normal unrestricted operating conditions, of producing such daily quantities of oil, as provided in this subchapter, that would be damaged, or result in a loss of production ultimately recoverable, or cause the premature abandonment of the well, if its maximum daily production were artificially curtailed.
(b) As used in Subsection (a), Section 85.121 and Section 85.122 of this code, “gas lift” means gas lift by the use of gas not in solution with oil produced.