The Texas P-5 form serves as an essential Organization Report for entities conducting operations within the jurisdiction of the Railroad Commission of Texas' Oil and Gas Division. It outlines the requirements for initial filings, annual renewals, and any necessary updates or changes in the organization's information. Suitable for various business structures, the form mandates detailed submissions, including financial assurances and designated agent information, to ensure compliance with state regulations. For assistance with completing and submitting this crucial document correctly, click the button below.
In the landscape of Texas oil and gas operations, adherence to regulatory requirements plays a pivotal role in ensuring environmental safety and operational integrity. The Organization Report Form P-5, mandated by the Railroad Commission of Texas Oil and Gas Division, serves as a critical document in this regulatory framework. Designed for entities engaged in the exploration, extraction, and management of oil and gas resources within Texas, the form encompasses various purposes including new filings, annual refilings, and updates on changes such as officer or resident agent modifications. The P-5 form facilitates the comprehensive registration and ongoing oversight of operators, demanding detailed information about the organization's structure, from sole proprietorships to corporations, and including the appointment of a Texas Resident Agent for out-of-state entities. Additionally, it encompasses requirements for financial assurance, a necessary safeguard for addressing potential liabilities. This report not only adheres to Statewide Rules governing organization reporting and financial securities but also sets specific stipulations for the operation of master metered systems and the adjustment of organization details upon changes in operation or structure. The nuanced requirements underscore the Railroad Commission’s commitment to oversight and ensure that operators comply with a broad spectrum of regulation aimed at safe and responsible energy production.
RAILROAD COMMISSION OF TEXAS
Oil and Gas Division
READ INSTRUCTIONS ON BACK
ORGANIZATION
FORM P-5
REPORT
(Rev. 09/2011)
1.
Purpose of Filing
New Filing
Annual Refiling
2. RRC Operator
Change of Officers/Resident Agent
Address Correction
No. (if assigned)
Name of entity:
(If the name of the organization has changed, see Instructions on back)
Mailing Address:
Street Address:
3. ORGANIZATION
Organization Phone Number:
Emergency (after hours) Phone Number:
4.
Plan of Organization
A. Corporation
B. Limited Partnership
C. Sole Proprietorship
D. Partnership
E. Trust
(select one)
F. Joint Venture
G. Estate
H. Ltd Liability Co. (LLC)
I. Other (specify):
Name of Texas Resident Agent:
5. TEXAS RESIDENT AGENT
Street Address
Mailing Address
A Texas Resident Agent is required for any foreign or nonresident organization pursuant to Statewide Rule 1(a)(4)(D).
6.
Attachments:
P-5O - Officer Listings:
Information for each controlling entity of the organization as required by Statewide Rule 1(a)(4)(C).
P-5A - Agent Listings:
(optional) - Designation of non-employee agents authorized to sign certain Forms P-4 and P-5 pursuant to Statewide Rule 1(a)(4)(E).
Filing Fee
Required for all "New Filing" and "Annual Refiling" submissions. See instructions on back.
Financial Assurance
If the operator is required to maintain financial assurance, the Organization Report will not be approved until it is in place.
7.
Reorganization
Check here if this is a reorganization of an existing registrant.
If checked, provide the current name and RRC P5 Number:
8.
Comments: (optional)
Organization reports for operators of inactive wells: The Commission may not approve the P-5 Organization Report for an operator of one or more inactive wells unless the operator has complied with Commission rules and Texas statutes concerning the approval of plugging extensions for such inactive wells, including disconnection of electrical service and any required surface equipment removal.
Organization reports for operators with outstanding enforcement orders/judgments: The Commission may not approve the P-5 Organization Report for an operator if that operator is the subject of a final and unappealable order related to a violation of a Commission rule, order, license, permit, or certificate relating to safety or the prevention or control of pollution. Organization Reports for organizations with officers who are subject to such outstanding orders through their involvement with other organizations similarly may not be approved.
If the organization has used, or reported use of, a well for which the Certificate of Compliance has been canceled, the Commission may refuse to approve an Organization Report until the operator has paid any requried reconnect fees and the Certificate of Compliance has been reissued for the well.
An organization must file an amended Organization Report within 15 days after a change in any information required to be reported in the Organization Report.
SignatureTitle
(
)
Filer's Name (Printed)
Filer's Telephone Number
Email Address (OPTIONAL - SEE INSTRUCTIONS FOR IMPORTANT INFORMATION)
Date
Certificate: I declare under penalties prescribed in Sec. 91.143, Texas Natural Resources Code, that I am authorized to make this report, that this report was prepared by me or under my supervision and direction, and that data and facts stated therein are true, correct, and complete, to the best of my knowledge.
FOR RRC USE ONLY
Approved by
Remarks
INSTRUCTIONS
Organization Report (Form P-5)
REFERENCES: Oil & Gas Statewide Rules 1 (Organization Report; Retention of Records; Notice Requirements), 14 (Plugging), 15 (Inactive Wells and Surface Equipment Requirements), and 78 (Fees, Performance Bonds and Alternate Forms of Financial Security Required To Be Filed); and Pipeline Safety Statewide Rule 58 (Organization Report). The Railroad Commission’s rules may be found on our website at http://www.rrc.state.tx.us/rules/rule.php.
WHO MUST FILE FORM P-5: Any entity performing operations within the jurisdiction of the Commission’s Oil & Gas Division in accordance with Oil and Gas Statewide Rule 1; and each gas and/or liquids company and each master meter operator performing operations within the jurisdiction of the Commission’s Safety Division in accordance with Pipeline Safety Statewide Rule 58. (Master meter operators filing solely as required by the Safety Division, see “Special Instructions For Master Metered System Operators” section below.)
WHEN TO FILE FORM P-5:
•INITIAL FILING – Your initial Organization Report must be filed prior to beginning operations within the Commission’s jurisdiction.
•RENEWAL FILINGS – Your Organization Report must be refiled annually. The Commission will notify you before your refiling date by mailing you computer-generated Organization Report forms pre-printed with the information currently shown on your Organization Report record. Review the information carefully, update as needed, and then sign and submit the Organization Report renewal to the Commission.
•CHANGES - If any information provided on your organization report changes, you must submit a revised organization report within fifteen (15) days of the change, except as noted below:
ADDRESS CHANGES - If the only change is to the organization’s address or telephone number, then you may update that information by sending a signed letter to the P-5 Financial Assurance Unit. No other information may be updated by letter. ORGANIZATION NAME CHANGE – If the name of the organization has changed (due to reorganization or change in the form of business), you must file a new Organization Report in the new name and obtain a new operator number. A new filing submitted for this purpose should reference the prior name by entering that information in Item No. 7.
SPECIFIC ITEMS ON FORM P-5
No. 1: Check the proper block to show the purpose of filing. More than one block may be checked.
No. 2: Your permanent RRC operator number is assigned after the initial filing of your P-5. Your operator number will be required on most reports and forms you file with the Commission.
No. 3: “Name of Entity”: For new filings, enter the full name of your organization. If you are required to register with the Texas Secretary of State, your name shown in Box 3 on the Organization Report should exactly match your name as shown on your Secretary of State registration, including punctuation. (Due to space limitations, the Commission may abbreviate your name for entry into Commission systems.)
No. 4: Check the appropriate plan of organization on all filings. Select only one plan of organization.
No. 5: If you are a foreign or non-resident organization (i.e., your organization is located outside of the State of Texas as indicated by the street address in No. 3), you must designate and maintain a Texas resident agent within the state. A Texas Resident Agent with an address different from that of the organization may also be designated as an alternative to providing separate addresses for the officers on Form P-5O (Organization Report Officer Listing).
No. 7: If you have reorganized and changed your organization name, check the box and provide the previous name and operator number.
SPECIAL INSTRUCTIONS FOR MASTER METERED SYSTEM OPERATORS: If the operation of one or more master metered systems is the only activity for which the Organization Report is being filed, then you should note that in Item No. 8 (Remarks), and observe the following requirements:
•The required filing fee for New Filings and Annual Renewals is $225.00.
•No financial assurance is required for master meter operators.
•The Organization Report must be filed in the name of the legal entity operating the master meter.
•The system manager(s) must be identified among the officers on Form P-5O.
•A listing of all systems for which the filing entity is responsible must be attached to the Organization Report filing.
FILING FEE: Except as noted above, the filing fee for a New Filing (the initial Organization Report filed by an entity) is $300.00. The filing fee for an Annual Renewal of an entity’s Organization Report will be based on the activities in which the organization is engaged, and may be up to $1,350.00. See Rule 78. (There is no filing fee for an Organization Report filed solely to update officers, agents and/or addresses.)
FINANCIAL ASSURANCE: Most Commission regulated activities, including the operation of wells and pipelines, will require the operator to file and maintain some form of financial assurance (such as a bond, letter of credit, or cash deposit) in varying amounts. If the filing operator is required to maintain financial assurance, any renewal documentation for the financial assurance must be on file for the period covered by the P-5 Organization Report (plus any additional period following expiration of the Organization Report that may be required by your financial assurance documents) before the Organization Report renewal can be approved and processed.
EMAIL ADDRESS: YOU ARE NOT REQUIRED TO PROVIDE AN EMAIL ADDRESS when completing and filing this form. Please be aware that information provided to any governmental body may be subject to disclosure pursuant to the Texas Public Information Act or other applicable federal or state legislation. IF YOU PROVIDE AN EMAIL ADDRESS, YOU AFFIRMATIVELY CONSENT TO THE RELEASE OF THAT EMAIL ADDRESS TO THIRD PARTIES. Other departments within the Railroad Commission also may use the email address you provide to communicate with you.
Mail to: Railroad Commission of Texas
P-5 Financial Assurance Unit
P O Box 12967
Austin, Texas 78711-2967
ORGANIZATION REPORT
FORM P-5O
OFFICER LISTING
(File as attachment to Form P-5 Organization Report)
Page ____ of ____
1.Current operator name exactly as shown on P-5 Organization Report
2.RRC Operator No. (if assigned)
PURSUANT TO Oil & Gas Statewide Rule 1(a)(4)(C), information must be provided "for each officer, director, general partner, owner of more than 25% ownership interest, or trustee (hereinafter controlling entity) of the organization."
Instructions:
Attach as many sheets as are needed to identify all required officers.
Full Legal Name: The entity's or individual's full legal name. Please do not use initials.
ID Number: If the filing organization is a Sole Proprietorship (i.e., an individual), you must provide the owner's social security number. Otherwise, you may
provide (at your choice) the officer's social security number, driver's license number, or Texas State Identification number. (Note: The Railroad Commission considers such ID numbers to be confidential information.)
Addresses: You must provide an address for each officer that is different from the address for the organization UNLESS: 1) you have shown a Texas Resident Agent on your Organization Report, and that agent has an address different from that of the organization; or 2) the organization is being operated out of the officer's home.
If an entity is identified as an officer on this form, you must also identify each officer of that entity.
3. OFFICERS
Full Legal Name:
Title:
Check here if operating out of this officer's home.
Mailing Address (if different from Street Address)
Driver’s Lic.
State ID
Social Security No.
State (if not SSN):
Number:
FORM P-5A
NON-EMPLOYEE AGENT LISTING
PURSUANT TO Oil & Gas Statewide Rule 1(a)(4)(E), the organization must provide the name of any non-employee agent that the organization authorizes to act for the organization in signing Oil and Gas Division certificates of compliance which initially designate the operator or change the designation of the operator. Organizations may designate non-employee agents to execute subsequent organization reports. That designation shall be authorized by the organization
and not by a non-employee agent.
DO NOT USE THIS FORM TO DESIGNATE A TEXAS RESIDENT AGENT. (Your Texas Resident Agent is identified on Form P-5 to which this is attached.) This Form P-5A must ONLY be used if you have designated a non-employee agent with authority to sign operator-change Forms P-4 and/or P-5 renewals. If you have not designated any non-employee agents for that purpose, then you should not file Form P-5A.
THIS FORM MAY BE FILED AT ANY TIME. If a change in an organization's representation has occurred, a revised Non-Employee Agent Listing may be filed at any time to update the commission’s records.
IF ANY NON-EMPLOYEE AGENTS LISTED ON THIS FORM ARE NOT CURRENTLY DESIGNATED ON YOUR ORGANIZATION REPORT RECORD, THEN THIS FORM P-5A MUST BE SIGNED BY A DULY AUTHORIZED COMPANY OFFICER OR EMPLOYEE. (If no changes have been made to the information on this form and it is being filed in connection with the annual renewal of the organization's P-5, then a previously designated non-employee agent listed below may sign it.)
3. DESIGNATED NON-EMPLOYEE AGENTS (authorized to file operator-change Forms P-4 and renewal Forms P-5.)
Agent's Name:
Signature
Title
Filling out the Texas P-5 form is a critical step for entities engaging in operations regulated by the Railroad Commission of Texas' Oil & Gas Division. This form is part of the regulatory requirements ensuring that companies meet specific operational, safety, and environmental standards. Whether you're filing for the first time or submitting an annual refile, the process demands accuracy and completeness to avoid potential delays in your operations. Below, you'll find a step-by-step guide designed to assist you in navigating through the form, ensuring that you capture all the necessary information the Commission requires.
After submitting the P-5 form, your organization should wait for confirmation from the Railroad Commission of Texas. This confirmation indicates that your filing has been received and is under review. Approval of the P-5 Organization Report is essential for legal operation within the Commission's jurisdiction. Keep updated records and be sure to comply with any additional requirements that may arise, such as renewing your filing annually or updating the Commission on any changes to your organization’s information.
The Texas P-5 Form, known officially as the Organization Report, is a required filing with the Railroad Commission of Texas (RRC) for any entity performing operations within the jurisdiction of the Commission’s Oil & Gas Division or the Safety Division for pipeline operators. This comprehensive form collects information about the organization conducting operations, its officers, and financial assurance among other details.
All entities engaged in oil, gas, and pipeline operations under the RRC's jurisdiction must submit the P-5 Form. This includes both newly started operations and existing operations undergoing annual renewal or updates due to organizational changes.
Operators must provide financial assurance, such as a bond, letter of credit, or cash deposit, to cover operations including well and pipeline operations. The specifics of the requirement depend on the nature and scope of the operation. Documentation for the financial assurance must cover the entire period of the P-5 Organization Report and any subsequent period as required.
The filing fee varies based on the type of filing:
A Texas Resident Agent is mandatory for any foreign or non-resident organization and serves as an in-state representative. The designated agent must have a Texas street address, which can be different from the organization's address. This requirement ensures there is a direct point of contact within Texas for legal and regulatory purposes.
The document does not specify electronic filing options. For accurate and up-to-date filing methods, it's recommended to contact the RRC directly or check their official website.
The RRC may withhold approval of the P-5 Organization Report for an operator with one or more inactive wells until compliance with Commission rules and Texas statutes regarding plugging extensions, disconnection of electrical service, and removal of required surface equipment is verified.
Organization name changes due to reorganization or a change in business form require a new Organization Report under the new name, with the prior name referenced in the report. Address or telephone number changes can be updated with a signed letter to the P-5 Financial Assurance Unit, except for changes that affect the broader organizational details which necessitate filing a revised P-5 Form.
Filling out the Texas P-5 form, which is essential for organizations operating within the jurisdiction of the Commission's Oil & Gas Division, requires attention to detail. Mistakes can lead to delays or the refusal of the Organization Report. Here are six common mistakes people make when completing this form:
Not checking the correct purpose of filing at the beginning of the form can lead to confusion regarding the status of the filing, whether it is a new filing, annual refiling, change of officers/resident agent, address correction, or other.
Failure to ensure that the name of the entity matches exactly as registered with the Texas Secretary of State, including punctuation. This discrepancy could result in the form not being processed as intended.
Incorrectly selecting the plan of organization can misrepresent the legal structure of the entity, which is critical for the Railroad Commission's records.
Omitting or improperly designating a Texas Resident Agent when the organization is foreign or nonresident misaligns with Statewide Rule 1(a)(4)(D) requirements. The designated Texas Resident Agent must have an operational physical address within the state.
Forgetting to attach required documents such as P-5O (Officer Listings) and, if applicable, P-5A (Agent Listings) can render the submission incomplete. These documents are crucial for a comprehensive understanding of the organization's control and authorized agents.
Not updating the Organization Report within 15 days after a change occurs in any reported information leads to outdated or incorrect information being on record, which could affect compliance and operational permissions.
Furthermore, beyond these specific errors, a general oversight often seen is the inadequate review of pre-printed information on renewal forms. Operators should carefully review and update any outdated details to ensure the current year's submission is accurate and complete.
The Texas P-5 form is an essential document for entities operating within the Oil & Gas Division and the Pipeline Safety Division of the Railroad Commission of Texas (RRC). It serves as an organization report, providing the Commission with detailed information about the operator, including the organization's structure, resident agent, and compliance with financial assurance requirements. While the P-5 form is a crucial starting point for operators, several additional forms and documents are commonly required to ensure full compliance with the RRC's regulations and to facilitate various operational activities. These documents, often used in conjunction with the P-5 form, play a vital role in the regulatory framework governing oil and gas operations in Texas.
In summary, the Texas P-5 form is just the starting point for operators in the state's oil and gas industry. A comprehensive understanding of the additional forms and documents required by the Railroad Commission of Texas is essential for maintaining compliance, supporting operational activities, and fulfilling regulatory obligations. Together, these documents ensure that oil and gas operations are conducted responsibly, safely, and in accordance with state regulations.
The Texas P-5 form, a comprehensive organizational report mandated by the Railroad Commission of Texas, shares similarities with several other documents required within the regulatory and compliance contexts. One akin document is the "Application for Permit to Operate a Pipeline" commonly required in states with significant oil and gas extraction activities. Similar to the Texas P-5, this application necessitates detailed information about the organization, its operation plan, and compliance assurances with state regulations. Both forms are crucial for regulatory oversight, ensuring that the entities engage in safe and environmentally responsible operations.
Another parallel document is the "Business Registration Form" used by many states for entities conducting business within their jurisdiction. Like the Texas P-5, the registration form captures essential details about the organization, including its legal structure, principal officers, and registered agent information. Both documents serve as foundational regulatory requirements, enabling state authorities to maintain an updated database of active businesses and their key personnel for legal and communication purposes.
"Environmental Compliance Report" forms, required by various environmental protection agencies, also share similarities with the Texas P-5 form. These reports typically require organizations to disclose their compliance status with environmental regulations, often including information about waste management, emission controls, and the remediation of contaminated sites. Although focused more on environmental aspects, both forms play a critical role in ensuring organizations adhere to regulatory standards designed to protect public health and the environment.
The "Corporate Annual Report," which companies must file with the Secretary of State or equivalent agency in many jurisdictions, resembles the Texas P-5 in its purpose of updating the state on the company's status and key information. This report often includes updates on company structure, officer information, and registered agent details – elements also captured in the Texas P-5. Both documents ensure that vital organizational information is current for legal, regulatory, and communication purposes.
Lastly, the "Operator Qualification Plan" form, required for certain operators in the energy sector by regulatory bodies, parallels the Texas P-5 form in its necessity for detailed operational and compliance information. This form typically outlines the qualifications of personnel operating critical infrastructure, safety measures, and emergency response plans. While targeting different specifics, both documents underscore the importance of fitness, accountability, and preparedness in operations subject to regulatory oversight.
Filling out the Texas P-5 form, a key document required by the Railroad Commission of Texas for entities engaging in operations within the Commission's Oil & Gas Division, demands careful attention to detail and adherence to specific guidelines. To navigate this process effectively, here's a concise list of dos and don'ts:
Remember, accurate and prompt filing of the Texas P-5 form not only ensures compliance with the Texas Natural Resources Code but also facilitates the efficient management of your operations within the purview of the Railroad Commission of Texas. Avoiding common pitfalls by following these dos and don'ts can save your organization time, resources, and potential legal complications.
Understanding the Texas P-5 Form and its requirements can sometimes be challenging, with misconceptions that may lead to errors in filing. Here are 10 common misconceptions about the Texas P-5 form, explained to provide clarity:
Clearing up these misconceptions ensures that entities can accurately complete their P-5 forms, maintaining compliance with the Railroad Commission of Texas and avoiding potential pitfalls related to incorrect filings.
Understanding the intricacies of the Texas P-5 Form is crucial for entities operating within the jurisdiction of the Texas Railroad Commission's Oil & Gas Division. This comprehensive overview provides key takeaways essential for accurately completing and submitting the P-5 Form, ensuring compliance and the smooth operation of your organization within Texas.
Initial and Renewal Filings: Entities must file an initial P-5 Organization Report before commencing operations. Additionally, an annual renewal is required to maintain compliance. This process involves reviewing, updating, and resubmitting the Organization Report, accompanied by the appropriate filing fee, to reflect current operations and ensure all information is accurate and up-to-date.
Designation of Organization Structure: The form requires entities to designate their plan of organization from options including Corporation, Limited Partnership, Sole Proprietorship, Partnership, Trust, Joint Venture, Estate, Ltd Liability Co. (LLC), among others. This information is essential for the Railroad Commission to understand the structure and functioning of your entity.
Requirement for a Texas Resident Agent: For entities outside of the State of Texas, the designation of a Texas Resident Agent is mandatory. This ensures there is a local representative within the state for any matters that require physical presence or correspondence.
Attachments for Officer and Agent Listings: The submission of P-5O (Officer Listing) and, if applicable, P-5A (Agent Listing) forms are integral parts of the Organization Report. These documents provide the Railroad Commission with detailed information about the individuals or entities that have significant control or operational responsibilities within the filing entity.
Financial Assurance: Entities engaged in most Commission regulated activities must maintain financial assurance, such as a bond, letter of credit, or cash deposit. The form clarifies that approval of the Organization Report is contingent upon having the required financial assurance in place, safeguarding the entity's adherence to operational responsibilities and obligations.
Change Notification: Any change in the information provided in the Organization Report necessitates the filing of an amended report within 15 days of the change. This requirement ensures that all operational data and contact information remain current, facilitating accurate communication and compliance enforcement.
Adherence to these guidelines is crucial for the successful filing of the Texas P-5 Form. Entities are encouraged to thoroughly review and understand both the requirements and implications of their submissions to maintain compliance and support the transparent, efficient regulation of Texas's oil and gas operations.
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