Certain entities operating in Texas and under the commission’s jurisdiction must file an organization report, keep or appoint a resident agent if foreign or nonresident, pay the required fee, refile annually, and give bankruptcy notice within 30 days.
Sec. 91.142. REPORT TO COMMISSION. (a) A person, firm, partnership, joint stock association, corporation, or other domestic or foreign organization operating wholly or partially in this state and acting as principal or agent for another for the purpose of performing operations which are within the jurisdiction of the commission shall file immediately with the commission: (1) the name of the company or organization; (2) the post-office address of the company or organization; (3) the plan under which the company or organization was organized; (4) the names and post-office addresses of the trustee or trustees of the company or organization; (5) the names, unique identifying numbers such as driver's license numbers, and post-office addresses of the officers and directors; and (6) if required by Subsection (b) of this section, the name and address of the resident agent. (b) Any foreign or nonresident entity listed in Subsection (a) of this section shall maintain or designate a resident agent upon whom any process, notice, or demand required or permitted by law to be served upon such entity may be served. (c) If any such entity required by the terms of this section to maintain or designate such agent shall fail to do so, then and in such event, the organization report required to be filed with the commission is not valid. (d) Failure by any such entity listed in Subsection (a) of this section to answer such process or demand shall render the organization report invalid. (e) The commission shall require an entity described by Subsection (a) of this section to refile an organization report annually according to a schedule established by the commission. (f) If an entity described by Subsection (a) does not maintain on file with the commission an organization report and financial security as required by this chapter: (1) the entity may not perform operations under the jurisdiction of the commission except as necessary to remedy a violation of law or commission rules and as authorized by the commission; and (2) the commission, on written notice, may suspend: (A) any permits held by the entity; or (B) any certificates of compliance approved under Subchapter P. (g) An organization report filed under this section must be accompanied by the following fee: (1) for an operator of not more than 25 wells, $300; (2) for an operator of more than 25 but not more than 100 wells, $500; (3) for an operator of more than 100 wells, $1,000; (4) for an operator of one or more natural gas pipelines as classified by the commission, $225; (5) for an operator of one or more service activities or facilities who does not operate any wells, an amount determined by the commission but not less than $300 or more than $500; (6) for an operator of one or more liquids pipelines as classified by the commission who does not operate any wells, an amount determined by the commission but not less than $425 or more than $625; (7) for an operator of one or more service activities or facilities, including liquids pipelines as classified by the commission, who also operates one or more wells, an amount determined by the commission based on the sum of the amounts provided by the applicable subdivisions of this subsection but not less than $425 or more than $1,125; and (8) for an entity not currently performing operations under the jurisdiction of the commission, $300. (h) To enable the commission to better protect the state's resources, an entity described by Subsection (a) or an affiliate of such an entity performing operations within the jurisdiction of the commission that files for federal bankruptcy protection shall give written notice to the commission of that action by submitting the notice to the office of general counsel not later than the 30th day after the date of filing. Acts 1977, 65th Leg., p. 2565, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 398, Sec. 1, eff. Aug. 26, 1985; Acts 1997, 75th Leg., ch. 121, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1233, Sec. 33, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 490, Sec. 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 626, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 816 (S.B. 1670), Sec. 6, eff. September 1, 2007.