Sec. 85.241. SUITS BY INTERESTED PERSONS. Any interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the waste of oil or gas, and who is dissatisfied with any of these laws or orders, may file suit against the commission or its members in a court of competent jurisdiction in Travis County to test the validity of the law or order.
Acts 1977, 65th Leg., p. 2524, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Notes of Decisions
Cited in
18
cases, 1979–2019 · leading case:
Lesikar v. Rappeport, 33 S.W.3d 282 (Tex. App.—Texarkana 2000).
Lesikar v. Rappeport, 33 S.W.3d 282 (Tex. App.—Texarkana 2000).
· cites it 2× “TEX. NAT. RES.CODE ANN. § 85.241 (Vernon 1993).”
WBD Oil & Gas Co. v. R.R. Comm'n of Texas, 35 S.W.3d 34 (Tex. App.—Austin 2001).
· cites it 2× “On appeal, WBD asserts several bases for the assumption by a Travis County district court of jurisdiction in this case, including: the Uniform Declaratory Judgments Act, Tex.”
H.G. Sledge, Inc. v. Prospective Inv. & Trading Co., 36 S.W.3d 597 (Tex. App.—Austin 2000).
“241 of the Texas Natural Resources Code provides as follows: Any interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the waste of oil or gas, and who is dissatisfied with any of these laws or orders, may…”
Mulvey v. Mobil Producing Texas & New Mexico Inc., 147 S.W.3d 594 (Tex. App.—Corpus Christi 2004).
“Instead he has attempted to indirectly attack the decision of the Commission by insinuating that the permitting decisions made by the Commission could not have been reached in the absence of fraud.”
Gage v. R.R. Comm'n, 582 S.W.2d 410 (Tex. 1979).
“6252-13a, § 19(e)(2); see Tex.Natural Resources Code § 85.241. Pertinent to our inquiry here is the natural resources code which authorizes the commission to prorate the production of natural gas only under certain defined circumstances.”
Ring Energy v. Trey Res., Inc., 546 S.W.3d 199 (Tex. App.—El Paso 2017).
“Most germane here, however, is TEX.NAT.RES.CODE ANN. § 85.241 which provides: that "[a]ny interested person who is affected by the conservation laws of this state or orders of the commission relating to oil or gas and the waste of oil or gas, and who is dissatisfied with any of…”
State v. Novall, Inc., 770 S.W.2d 589 (Tex. App.—Austin 1989).
“Such statutes have not been held invalid, and are presumed constitutional.”
Osage Env't, Inc. v. R.R. Comm'n of Texas, No. 03-08-00005-CV (Tex. App.—Austin July 24, 2008).
“In five issues, Osage challenges the Commission’s regulatory authority under Rule 8 as well as its findings and conclusions that Osage was required to obtain a permit in the first instance and that Osage violated the permit issued by the Commission in 2003.”
Deecye Clayton Bedell v. State, No. 03-11-00502-CV (Tex. App.—Austin July 6, 2012).
“The individuals' constitutional rights to be free from unreasonable seizures and to due process before deprivation of property are at least competitive with concerns for separation of powers of the branches of government.”
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