2005 Texas Natural Resources Code CHAPTER 81. RAILROAD COMMISSION OF TEXAS

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE A. ADMINISTRATION

CHAPTER 81. RAILROAD COMMISSION OF TEXAS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 81.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Commission" means the Railroad Commission of 
Texas.                   
		(2)  "Commissioner" means any member of the Railroad 
Commission of Texas.   

Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 81.011. CHIEF SUPERVISOR.  (a) The commission shall 
employ a chief supervisor of its oil and gas division to assist the 
commission in enforcing the laws relating to the production, 
transportation, and conservation of oil and gas and rules and 
orders of the commission adopted under these laws.
	(b)  The chief supervisor also shall perform the duties of 
the pipeline expert as provided in the pipeline laws of this state.

Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.012. QUALIFICATIONS OF CHIEF SUPERVISOR.  In 
addition to other qualifications that may be required by the 
commission, a person appointed chief supervisor must have had at 
least five years' experience in some line of the oil or gas 
business, or in some other business or profession that would 
provide the necessary knowledge and experience for the performance 
of his duties.

Acts 1977, 65th Leg., p. 2508, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.013. DEPUTY SUPERVISORS, ASSISTANTS, AND CLERICAL 
PERSONNEL.  The commission may appoint a chief deputy supervisor, 
deputy supervisors, assistants, and clerical personnel necessary 
to execute the laws relating to oil and gas.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.014. QUALIFICATIONS OF CHIEF DEPUTY SUPERVISOR.  A 
person appointed chief deputy supervisor must have had at least 
three years' experience in oil and gas field work.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.015. QUALIFICATIONS OF DEPUTY SUPERVISORS.  Any 
person appointed deputy supervisor must have had at least two 
years' experience in oil and gas field work, including substantial 
experience in drilling or production.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.016. SALARIES.  The salary of the chief supervisor, 
the chief deputy supervisor, and the deputy supervisors shall be 
the same as that provided in the General Appropriations Act.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.017. ADDITIONAL EMPLOYEES.  The commission may 
employ gaugers, inspectors, investigators, supervisors, and 
clerical employees.  These employees shall include a chief 
engineer, chief petroleum engineer, and an administrative chief, 
and their salaries shall be paid in the amounts provided in the 
General Appropriations Act.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 144, ch. 65, § 1, eff. 
Sept. 1, 1981.


	§ 81.018. PAYMENT OF SALARIES AND OTHER EXPENSES.  (a) 
Salaries and other expenses necessary in the administration and 
enforcement of the oil and gas laws shall be paid by warrants drawn 
by the comptroller on the State Treasury from funds provided under 
Section 81.112 of this code.
	(b)  Warrants for expenses shall be issued only on duly 
verified statements of the persons entitled to the funds and on 
approval of the chairman of the commission.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.019. DUTIES OF CHIEF SUPERVISOR, CHIEF DEPUTY 
SUPERVISOR, DEPUTY SUPERVISORS, AND OTHER EMPLOYEES.  The chief 
supervisor, chief deputy supervisor, deputy supervisors, and other 
employees shall perform the duties prescribed by the commission in 
conformity with rules of the commission relating to the production, 
transportation, and conservation of crude oil and natural gas.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.020. ADDITIONAL DUTIES OF CHIEF SUPERVISOR AND HIS 
DEPUTIES.  (a) The chief supervisor and his deputies shall 
supervise the plugging of all abandoned wells and the shooting of 
wells and shall follow the rules of the commission relating to the 
production and conservation of oil and gas.
	(b)  The chief supervisor shall gather information and 
assist the commission in the performance of its duties under this 
title.

Acts 1977, 65th Leg., p. 2509, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER C. JURISDICTION, POWERS, AND DUTIES


	§ 81.051. JURISDICTION OF COMMISSION.  (a) The commission 
has jurisdiction over all:
		(1)  common carrier pipelines defined in Section 
111.002 of this code in Texas;
		(2)  oil and gas wells in Texas;                                              
		(3)  persons owning or operating pipelines in Texas;  
and                   
		(4)  persons owning or engaged in drilling or operating 
oil or gas wells in Texas.
	(b)  Persons listed in Subsection (a) of this section and 
their pipelines and oil and gas wells are subject to the 
jurisdiction conferred by law on the commission.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1977, 65th Leg., p. 2694, ch. 871, art. II, 
§ 5, eff. Sept. 1, 1977.


	§ 81.052. RULES.  The commission may adopt all necessary 
rules for governing and regulating persons and their operations 
under the jurisdiction of the commission as set forth in Section 
81.051, including such rules as the commission may consider 
necessary and appropriate to implement state responsibility under 
any federal law or rules governing such persons and their 
operations.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1979, 66th Leg., p. 19, ch. 12, § 1, eff. 
March 15, 1979.


	§ 81.0521. FEE FOR APPLICATION FOR EXCEPTION TO RAILROAD 
COMMISSION RULE.  (a) With each application for an exception to any 
commission rule contained in Chapter 3 of Part I of Title 16 of the 
Texas Administrative Code, the applicant shall submit to the 
commission a fee of $150.
	(b)  The application fee for an exception to any commission 
rule may not be refunded.
	(c)  Two-thirds of the proceeds from this fee, including any 
penalties collected in connection with the fee, shall be deposited 
to the oil-field cleanup fund as provided by Section 91.111.

Added by Acts 1985, 69th Leg., ch. 239, § 73, eff. Sept. 1, 1985.  
Amended by Acts 2001, 77th Leg., ch. 1233, § 3, eff. Sept. 1, 
2001.


	§ 81.0522. NATURAL GAS POLICY ACT APPLICATION FEE.  (a) 
With each Natural Gas Policy Act (15 U.S.C. Sections 3301-3432) 
application, the applicant shall submit to the commission a fee. 
The commission shall set the application fee in an amount necessary 
to cover the cost of the commission's well category determination 
program but not to exceed $150.
	(b)  The fee for any Natural Gas Policy Act application may 
not be refunded. 

Added by Acts 1985, 69th Leg., ch. 239, § 73, eff. Sept. 1, 1985.  
Amended by Acts 2001, 77th Leg., ch. 1233, § 4, eff. Sept. 1, 
2001.


	§ 81.053. COMMISSION POWERS.  In the discharge of its 
duties and the enforcement of its jurisdiction under this title, 
the commission shall:
		(1)  institute suits;                                                         
		(2)  hear and determine complaints;                                           
		(3)  require the attendance of witnesses and pay their 
expenses out of funds provided for that purpose;
		(4)  obtain the issuance of writs and process which may 
be necessary for the enforcement of its orders;  and
		(5)  punish for contempt or disobedience of its orders 
in the manner provided for the district courts.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.0531. ADMINISTRATIVE PENALTY.  (a) If a person 
violates provisions of this title  which pertain to safety or the 
prevention or control of pollution or the provisions of a rule, 
order, license, permit, or certificate which pertain to safety or 
the prevention or control of pollution and are issued under this 
title, the person may be assessed a civil penalty by the commission.
	(b)  The penalty may not exceed $10,000 a day for each 
violation.  Each day a violation continues may be considered a 
separate violation for purposes of penalty assessments.
	(c)  In determining the amount of the penalty, the commission 
shall consider the permittee's history of previous violations, the 
seriousness of the violation, any hazard to the health or safety of 
the public, and the demonstrated good faith of the person charged.  
In determining the amount of the penalty for a violation of a 
provision of this title or a rule, order, license, permit, or 
certificate that relates to pipeline safety, the commission shall 
consider the guidelines adopted under Subsection (d).
	(d)  The commission by rule shall adopt guidelines to be used 
in determining the amount of the penalty for a violation of a 
provision of this title or a rule, order, license, permit, or 
certificate that relates to pipeline safety.  The guidelines shall 
include a penalty calculation worksheet that specifies the typical 
penalty for certain violations, circumstances justifying 
enhancement of a penalty and the amount of the enhancement, and 
circumstances justifying a reduction in a penalty and the amount of 
the reduction.  The guidelines shall take into account:
		(1)  the permittee's history of previous violations, 
including the number of previous violations;
		(2)  the seriousness of the violation and of any 
pollution resulting from the violation;
		(3)  any hazard to the health or safety of the public;                        
		(4)  the degree of culpability;                                               
		(5)  the demonstrated good faith of the person charged;  
and                
		(6)  any other factor the commission considers 
relevant.                    
	(e)  A penalty collected under this section shall be 
deposited to the credit of the oil-field cleanup fund.

Added by Acts 1983, 68th Leg., p. 1407, ch. 286, § 1, eff. Sept. 
1, 1983.  Amended by Acts 1999, 76th Leg., ch. 1089, § 1, eff. 
Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, § 5, eff. Sept. 1, 
2001.


	§ 81.0532. PENALTY ASSESSMENT PROCEDURE.  (a) A civil 
penalty may be assessed only after the person charged with a 
violation described under Section 81.0531 of this code has been 
given an opportunity for a public hearing.
	(b)  If a public hearing has been held, the commission shall 
make findings of fact, and it shall issue a written decision as to 
the occurrence of the violation and the amount of the penalty that 
is warranted, incorporating, when appropriate, an order requiring 
that the penalty be paid.
	(c)  If appropriate, the commission shall consolidate the 
hearings with other proceedings.
	(d)  If the person charged with the violation fails to avail 
himself of the opportunity for a public hearing, a civil penalty may 
be assessed by the commission after it has determined that a 
violation did occur and the amount of the penalty that is warranted.
	(e)  The commission shall then issue an order requiring that 
the penalty be paid.

Added by Acts 1983, 68th Leg., p. 1407, ch. 286, § 1, eff. Sept. 
1, 1983.


	§ 81.0533. PAYMENT OF PENALTY;  REFUND.  (a) On the 
issuance of an order finding that a violation has occurred, the 
commission shall inform the person charged within 30 days of the 
amount of the penalty.
	(b)  Within the 30-day period immediately following the day 
on which the decision or order is final as provided in Subchapter F, 
Chapter 2001, Government Code, the person charged with the penalty 
shall:
		(1)  pay the penalty in full;  or                                             
		(2)  if the person seeks judicial review of either the 
amount of the penalty or the fact of the violation, or both:
			(A)  forward the amount to the commission for 
placement in an escrow account;  or
			(B)  in lieu of payment into escrow, post with the 
commission a supersedeas bond in a form approved by the commission 
for the amount of the penalty, such bond to be effective until all 
judicial review of the order or decision is final.
	(c)  If through judicial review of the decision or order it 
is determined that no violation occurred or that the amount of the 
penalty should be reduced or not assessed, the commission shall, 
within the 30-day period immediately following that determination, 
if the penalty has been paid to the commission, remit the 
appropriate amount to the person, with accrued interest, or where a 
supersedeas bond has been posted, the commission shall execute a 
release of such bond.
	(d)  Failure to forward the money to the commission within 
the time provided by Subsection (b) of this section results in a 
waiver of all legal rights to contest the violation or the amount of 
the penalty.
	(e)  Judicial review of the order or decision of the 
commission assessing the penalty shall be under the substantial 
evidence rule and shall be instituted by filing a petition with the 
district court of Travis County, Texas, and not elsewhere, as 
provided for in Subchapter G, Chapter 2001, Government Code.

Added by Acts 1983, 68th Leg., p. 1407, ch. 286, § 1, eff. Sept. 
1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(53), 
(59), eff. Sept. 1, 1995.


	§ 81.0534. RECOVERY OF PENALTY.  Civil penalties owed 
under Sections 81.0531-81.0533 of this code may be recovered in a 
civil action brought by the attorney general at the request of the 
commission.

Added by Acts 1983, 68th Leg., p. 1407, ch. 286, § 1, eff. Sept. 
1, 1983.


	§ 81.054. ENFORCEMENT BY ATTORNEY GENERAL.  (a) The 
attorney general shall enforce the provision of this title by 
injunction or other adequate remedy and as otherwise provided by 
law.
	(b)  If an action is instituted by the attorney general under 
this section alleging a violation of an NPDES permit or the failure 
to obtain an NPDES permit under Chapter 91 or Chapter 141 of the 
Natural Resources Code, the attorney general may not oppose 
intervention by a person who has standing to intervene, as provided 
by Rule 60, Texas Rules of Civil Procedure.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1995, 74th Leg., ch. 310, § 5, eff. Aug. 
28, 1995.


	§ 81.055. PIPELINE SYSTEM FINANCIAL RESPONSIBILITY 
REQUIREMENTS.  (a) Not later than March 1, 2002, the legislature 
may:
		(1)  study the desirability of requiring an owner, 
operator, or manager of a pipeline system to obtain liability 
insurance coverage, a bond, or other evidence of financial 
responsibility in order to protect the public from the costs 
resulting from a discharge from the pipeline system;  and
		(2)  report its findings to the legislature and make 
the report available to the public.
	(b)  If the legislature finds that adoption of such a 
requirement is desirable, the commission by rule may require an 
owner, operator, or manager of a pipeline system to obtain evidence 
of financial responsibility.  The rules must specify the 
appropriate form and amount of that evidence and may require 
evidence of financial responsibility in different amounts for 
different pipeline systems, taking into consideration whether the 
pipeline system:
		(1)  has a history of discharges or other violations of 
regulatory requirements;  or
		(2)  is located over a public drinking water supply, a 
natural resource, or a critical groundwater resource or near a 
school or populated area.

Added by Acts 2001, 77th Leg., ch. 1233, § 6, eff. Sept. 1, 2001.          


	§ 81.056. CONTAMINATION REPORT.  (a) In this section:                       
		(1)  "Common carrier" has the meaning assigned by 
Section 111.002.          
		(2)  "Owner of the land" or "landowner" means the first 
person who is shown on the appraisal roll of the appraisal district 
established for the county in which a tract of land is located as 
owning an interest in the surface estate of the land at the time a 
contamination report is required to be made under this section.
	(b)  If in the process of placing, repairing, replacing, or 
maintaining a pipeline a common carrier or an owner or operator of a 
pipeline observes or detects any petroleum-based contamination of 
soil or water in proximity to the pipeline, the common carrier or 
pipeline owner or operator shall report the contamination to the 
commission and the owner of the land on which the pipeline is 
located.  Petroleum-based contamination of soil or water that is 
observed or detected is required to be reported under this 
subsection if:
		(1)  hydrocarbons are present on the surface of the 
water;                  
		(2)  at least five linear yards of soil have been 
affected by hydrocarbons;  or
		(3)  soil affected by hydrocarbons extends beyond the 
face of the excavation in which the contamination is observed or 
detected.
	(c)  The contamination report:                                                 
		(1)  must be made not later than 24 hours after the 
common carrier or pipeline owner or operator observes or detects 
the contamination;
		(2)  must include the global positioning satellite 
coordinates of the location of the contamination;  and
		(3)  may be made by telephone, facsimile, or electronic 
mail.               
	(d)  Not later than the third business day after the date the 
commission receives the contamination report, a person authorized 
by the commission shall withdraw a soil sample from the 
contaminated land.  The person is entitled to enter the land for the 
purpose of withdrawing the sample.
	(e)  A common carrier or pipeline owner or operator that 
makes a contamination report under this section is released from 
all liability for the contamination or the cleanup of the 
contamination covered by the report, except for any contamination 
caused by the common carrier or pipeline owner or operator.
	(f)  The commission shall adopt rules to implement this 
section.             
	(g)  The commission may not use money in the oil-field 
cleanup fund to implement this section.

Added by Acts 2005, 79th Leg., ch. 339, § 1, eff. Sept. 1, 2005.           


	§ 81.057. EXEMPTION FROM CERTAIN PURCHASING RULES.  The 
commission is not required to follow any purchasing procedures 
prescribed by or under the following laws when the commission makes 
a purchase in connection with the remediation of surface locations 
or well plugging:
		(1)  Subchapter E, Chapter 2155, Government Code;  and                        
		(2)  Subchapters B and C, Chapter 2177, Government 
Code.                    

Added by Acts 2003, 78th Leg., ch. 1272, § 2, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 514, § 2, eff. Sept. 1, 
2005.

SUBCHAPTER D. WITNESSES


	§ 81.091. INCRIMINATING TESTIMONY.  If a witness fails or 
refuses to appear on being summoned, to answer any question he is 
asked, or to produce any record or data required by subpoena, the 
claim that the testimony may tend to incriminate the person giving 
it does not excuse the witness from testifying or producing the 
records and data, but the evidence or testimony may not be used 
against the person on the trial of any criminal proceeding.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.092. FEE FOR EXECUTING PROCESS.  The sheriff or 
constable executing process shall receive the compensation 
authorized by the commission.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 

SUBCHAPTER E. TAX


	§ 81.111. TAX LEVY.  (a) A tax is levied on crude 
petroleum produced in this state in the amount of three-sixteenths 
of one cent on each barrel of 42 standard gallons.
	(b)  This tax is in addition to and shall be collected in the 
same manner as the occupation tax on the production of crude 
petroleum.
	(c)  Chapter 202, Tax Code, as amended, applies to the 
administration and collection of the tax imposed by this section, 
and the penalties provided by that chapter apply to any person who 
fails to pay or report the tax under this section.

Acts 1977, 65th Leg., p. 2510, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1983, 68th Leg., p. 1024, ch. 235, art. 5, 
§ 3(a), eff. Sept. 1, 1983.


	§ 81.112. DISPOSITION OF TAX PROCEEDS.  The tax shall be 
deposited in the General Revenue Fund.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 144, ch. 65, § 1, eff. 
Sept. 1, 1981.


	§ 81.113. USE OF TAX PROCEEDS.  Proceeds from the tax 
shall be used for the administration of the state's oil and gas 
conservation laws.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.114. PRODUCTION REPORTS.  Producers of crude 
petroleum shall make reports of production in the same manner and 
under the same penalties as provided for the occupation tax on the 
production of crude oil.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.115. PAYMENTS TO OIL AND GAS DIVISION.  Money 
appropriated to the oil and gas division of the commission under the 
General Appropriations Act shall be paid from the General Revenue 
Fund.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 144, ch. 65, § 1, eff. 
Sept. 1, 1981.


	§ 81.116. OIL-FIELD CLEANUP REGULATORY FEE ON OIL.  (a) 
An oil-field cleanup regulatory fee is imposed on crude petroleum 
produced in this state in the amount of five-eighths of one cent on 
each barrel of 42 standard gallons.
	(b)  The fee is in addition to, and independent of any 
liability for, the taxes imposed under Section 81.111 of this code 
and Chapter 202, Tax Code.
	(c)  Except as provided by Subsection (d) of this section, 
Chapter 202, Tax Code, applies to the administration and collection 
of the fee, and the penalties provided by that chapter apply to any 
person who fails to pay or report the fee.

Text of subsec. (d) effective until January 1, 2006
	(d)  The comptroller shall suspend collection of the fee in 
the manner provided by Section 91.111 of this code.  The exemptions 
and reductions set out in Sections 202.052, 202.054, 202.056, 
202.057, and 202.059, Tax Code, do not affect the fee imposed by 
this section.

Text of subsec. (d) effective January 1, 2006
	(d)  The comptroller shall suspend collection of the fee in 
the manner provided by Section 91.111.  The exemptions and 
reductions set out in Sections 202.052, 202.054, 202.056, 202.057, 
202.059, and 202.060, Tax Code, do not affect the fee imposed by 
this section.
	(e)  Proceeds from the fee, including any penalties 
collected in connection with the fee, shall be deposited to the 
oil-field cleanup fund as provided by Section 91.111 of this code.

Added by Acts 1991, 72nd Leg., ch. 603, § 2, eff. Sept. 1, 1991.  
Amended by Acts 2001, 77th Leg., ch. 1233, § 7, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 200, § 17, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 267, § 1, eff. Jan. 1, 2006.


	§ 81.117. OIL-FIELD CLEANUP REGULATORY FEE ON GAS.  (a) 
An oil-field cleanup regulatory fee is imposed on gas initially 
produced and saved in this state in the amount of one-fifteenth of 
one cent for each thousand cubic feet.
	(b)  The fee is in addition to, and independent of any 
liability for, the tax imposed under Section 201.052, Tax Code.
	(c)  Except as provided by Subsection (d), the 
administration, collection, and enforcement of the fee is the same 
as for the tax imposed under Section 201.052, Tax Code.

Text of subsec. (d) effective until January 1, 2006
	(d)  The comptroller shall suspend collection of the fee in 
the manner provided by Section 91.111 of this code.  The exemptions 
and reductions set out in Sections 201.053, 201.057, and 201.058, 
Tax Code, do not affect the fee imposed by this section.

Text of subsec. (d) effective January 1, 2006
	(d)  The comptroller shall suspend collection of the fee in 
the manner provided by Section 91.111.  The exemptions and 
reductions set out in Sections 201.053, 201.057, 201.058, and 
202.060, Tax Code, do not affect the fee imposed by this section.
	(e)  Proceeds from the fee, including any penalties 
collected in connection with the fee, shall be deposited to the 
oil-field cleanup fund as provided by Section 91.111 of this code.

Added by Acts 1991, 72nd Leg., ch. 603, § 2, eff. Sept. 1, 1991.  
Amended by Acts 2001, 77th Leg., ch. 1233, § 8, eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 200, § 18, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 267, § 2, eff. Jan. 1, 2006.

SUBCHAPTER F. CAMPAIGNING


	§ 81.151. PENALTY FOR CAMPAIGNING.  A person who receives 
a salary from funds provided under this title and who uses his time 
or a state-owned automobile for campaign purposes or for the 
purpose of furthering the candidacy of his employer or any other 
candidate for state office is guilty of a misdemeanor and on 
conviction shall be fined not less than $100 nor more than $500 and 
shall be confined in jail for not less than 30 nor more than 90 days.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.152. DISCHARGE AND INELIGIBILITY.  A person found 
guilty under Section 81.151 of this code shall be discharged 
immediately from his position and shall be ineligible for 
employment by the state in the future.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.153. SETTING CIVIL COMPLAINT FOR HEARING.  If a 
citizen of this state files a civil complaint with a district court 
in Travis County charging an employee with use of his time or a 
state-owned automobile for campaign purposes or to further the 
candidacy of his employer or any other candidate for state office, 
the court shall set the complaint for hearing at a time not less 
than 10 nor more than 20 days after the day on which the complaint is 
filed.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.154. NOTICE TO EMPLOYEE.  The court shall have 
notice of the hearing served on the employee against whom the 
complaint was filed at least five days before the date of the 
hearing.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.155. COURT'S ORDER.  At the hearing, if the court 
determines that the employee has used his time or a state-owned 
automobile as charged in the complaint, the court shall certify the 
fact to the department, agency, or commission which employs the 
person and order the employee's immediate discharge.

Acts 1977, 65th Leg., p. 2511, ch. 871, art. I, § 1, eff. Sept. 1, 
1977. 


	§ 81.156. APPEAL.  Any person against whom charges have 
been filed is entitled to appeal to the court of appeals, but the 
pendency of the appeal does not suspend his discharge.

Acts 1977, 65th Leg., p. 2512, ch. 871, art. I, § 1, eff. Sept. 1, 
1977.  Amended by Acts 1981, 67th Leg., p. 799, ch. 291, § 91, 
eff. Sept. 1, 1981.