1. (a) Forms. Forms required to be filed at the commission will be those prescribed by the commission. The Commission may revise any forms, at its discretion, without having a rulemaking proceeding if the revisions do not result in any substantive changes to the forms. A complete set of all commission forms required to be filed at the commission will be kept by the commission secretary. Notice of any new or amended forms shall be issued by the commission.

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Commission--The Railroad Commission of Texas.

   2. (2) Position of ownership or control--A person holds a position of ownership or control in an organization if the person is:

      1. (A) an officer or director of the organization;
      2. (B) a general partner of the organization;
      3. (C) the owner of an organization which is a sole proprietorship;
      4. (D) the owner of more than a 25 percent ownership interest in the organization; or
      5. (E) the designated trustee of the organization.
   3. (3) Violation--Non-compliance with a statute, commission rule, order, license, permit, or certificate relating to safety or the prevention or control of pollution.
   4. (4) Electronic filing--An electronic transmission to the commission in the prescribed form and format authorized by the commission.
   5. (5) Organization--Any person, firm, partnership, joint stock association, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, acting as principal or agent for another, for the purpose of performing operations within the jurisdiction of the commission.

3. (c) Organization eligibility. The commission may not accept an organization report or an application for a permit, or approve a certificate of compliance if:

   1. (1) the organization that submitted the report, application, or certificate violated a statute or commission rule, order, license, certificate, or permit that relates to safety or the prevention or control of pollution; or
   2. (2) any person who holds a position of ownership or control in the organization has, within the five years preceding the date on which the report, application, or certificate is filed, held a position of ownership or control in another organization, and during that period of ownership or control the other organization violated a statute or commission rule, order, license, permit, or certificate that relates to safety or the prevention or control of pollution.

4. (d) Violations. An organization has committed a violation if there is either a commission order against an organization finding that the organization has committed a violation and all appeals have been exhausted or an agreed order entered into by the commission and an organization relating to an alleged violation, and:

   1. (1) the conditions that constituted the violation or alleged violation have not been corrected;
   2. (2) all administrative, civil and criminal penalties, if any, relating to the violation or agreed settlement relating to an alleged violation have not been paid; or
   3. (3) all reimbursements of costs and expenses, if any, assessed by the commission relating to the violation or to the alleged violation have not been collected.

5. (e) Requirements for electronic filing under the Electronic Compliance and Approval Process (ECAP). An organization may submit to the commission an electronic filing pursuant to the Electronic Compliance and Approval Process if:

   1. (1) the organization and the commission have executed a Master Electronic Filing Agreement;
   2. (2) the commission has authorized the electronic filing in a prescribed form and format as identified in Supplement 1 to the Master Electronic Filing Agreement;
   3. (3) the organization has filed a Security Administrator Designation with the commission; and
   4. (4) the organization pays all required filing fees.

6. (f) Requirements for electronic filing under the Electronic Data Interchange (EDI) program. An organization may submit an electronic filing with the commission pursuant to the Electronic Data Interchange program if:

   1. (1) the organization has executed a Master Electronic Filing Certification;
   2. (2) the commission has authorized the electronic filing in a prescribed form and format under the Electronic Data Interchange program; and
   3. (3) the organization and any authorized agent comply with all provisions published by the commission for electronic filings.
7. (g) Other electronic transmissions. The commission may at its discretion accept written notice electronically transmitted.

Source Note:The provisions of this §3.80 adopted to be effective June 11, 2001, 26 TexReg 4088.