Texas Codes

Tex. Water Code § 27.031 (2026)

Permit From Railroad Commission; Criminal Penalty

✓ current as of May 2026

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Sec. 27.031. PERMIT FROM RAILROAD COMMISSION; CRIMINAL PENALTY. (a) A person commits an offense if the person begins drilling or using a disposal well or converting an existing well into a disposal well to dispose of oil and gas waste without first obtaining a permit from the railroad commission.

(b) An offense under this section is:

(1) a felony of the third degree if no oil and gas waste has been disposed of or the total value of the oil and gas waste disposed of is less than $10,000;

(2) a felony of the second degree if the total value of the oil and gas waste disposed of is $10,000 or more but less than $100,000; or

(3) a felony of the first degree if the total value of the oil and gas waste disposed of is $100,000 or more.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.

Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 70 (S.B. 1806), Sec. 5, eff. September 1, 2025.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2009–2023 · leading case: R.R. Comm'n v. Texas Citizens for a Safe Future & Clean Water, 336 S.W.3d 619 (Tex. 2011).

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R.R. Comm'n v. Texas Citizens for a Safe Future & Clean Water, 336 S.W.3d 619 (Tex. 2011). · cites it 2× “TEX. WATER CODE § 27.031. In granting an injection well permit, the Commission is required to make the following findings: (1) that the use or installation of the injection well is in the public interest; (2) that the use or installation of the injection well will not endanger…”

NGL Water Solutions Eagle Ford, LLC v. R.R. Comm'n of Texas & Blue Water Disposal (Tex. App. 2019). · cites it 2× “See Tex. Water Code § 27.031 (requiring permit from Railroad Commission to drill and operate injection well to dispose of oil and gas waste).”

R.R. Comm'n of Texas v. Apache Corp. (Tex. App. 2023). “9(1) (Disposal Wells); TEX. WATER CODE ANN. § 27.031. “[A] person who has 3 suffered or will suffer actual injury or economic damage other than as a member of the general public or as a competitor” is an “affected person”2 and has standing to challenge an application for a…”

Stanley H. Rosenthal v. R.R. Comm'n of Texas & K-3 Resources LP (Tex. App. 2009). “See Tex. Water Code Ann. §§ 27.031 , .051(b); 16 Tex.”

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