31 Tex. Admin. Code § 9.2 - Scope and Applicability
(a) Scope of this
chapter. Unless expressly limited or expanded elsewhere in this chapter, this
chapter shall apply to all lands specified in §
9.21(1) - (5) of
this title, (relating to Leasing Guide). Those lands specified in §9.21(6) are
governed by the statutes and rules referenced in that paragraph of
§9.21.
(b) Other applicable rules
and statutes. Operations on state lands are subject to all applicable state and
federal laws and regulations. The provisions of this chapter do not alter,
amend, or replace such state and federal laws and regulations, and compliance
with the requirements of this chapter does not relieve the operator of the duty
to comply with such laws and regulations. The requirements of this chapter are
in addition to the requirements of any other applicable state or federal law or
regulation.
(c) Existing Contracts.
These rules shall not be construed to unlawfully impair any existing
contract.
(d) Compliance. Lessee
shall comply with the provisions of its lease, applicable statutes and this
chapter. Nothing in this chapter shall be construed as relieving a lessee of
these duties or as impairing any remedies available to the state, including
forfeiture of a lease. If a lessee, operator or any party acting on lessee's
behalf fails to comply with the lease, applicable statutes or this chapter, the
state may seek any remedy allowed by law, including forfeiture of the lease.
Lessee shall be liable for the damages caused by such failure and any costs and
expenses incurred while enforcing this chapter and cleaning areas affected by
any pollution or discharged waste. A lessee is responsible and liable for the
actions or omissions of its operator and its employees, agents, servants,
contractors, subcontractors, trustees, receivers, any other agent in control of
any or all of the leasehold interest and any other party acting on lessee's
behalf.
(e) Exceptions to this
chapter. The commissioner may, if authorized by law and upon proper written
request, grant exceptions to the provisions of this chapter if the commissioner
deems the exceptions to be in the best interest of the state. No such exception
shall be effective until a written request by the lessee and a written
explanation, signed by the commissioner, is placed in the appropriate mineral
file or other GLO file.
(f) Partial
termination. Nothing in this chapter can limit the automatic termination of
specified acreage and/or depths under a retained acreage clause (as defined in
§
9.31(b) of this
title, relating to Definitions Applicable to this Subchapter) if a lease
contains this kind of clause.
(g)
Consistency with Coastal Management Program. Except as otherwise provided in §
16.1(c) of this
title (relating to Definitions and Scope), an action listed in §16.1(b) taken
or authorized by the GLO or SLB pursuant to this chapter that may adversely
affect a coastal natural resource area, as defined in §16.1 is subject to, and
must be consistent with, the goals and policies identified in Chapter 16 of
this title, (relating to Coastal Protection) in addition to any goals,
policies, and procedures applicable under this chapter. If the provisions of
this chapter conflict with and can not be harmonized with certain provisions of
Chapter 16, such conflicting provisions of Chapter 16 will control.
Notes
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