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RULE §9.2Scope 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.

Source Note: The provisions of this §9.2 adopted to be effective January 7, 1999, 24 TexReg 146

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