The Texas P-5 form is an Organization Report required by the Railroad Commission of Texas for entities involved in oil and gas operations. This form serves multiple purposes, including initial filings, annual renewals, and changes in organizational structure or contact information. To ensure compliance and maintain operational integrity, it is essential to fill out the P-5 form accurately and submit it promptly.
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The Texas P-5 form is a crucial document for any entity involved in oil and gas operations within the state. This form serves multiple purposes, including initial filings, annual renewals, and updates regarding organizational changes. It requires organizations to provide essential information such as their name, address, and type of business structure, whether it be a corporation, partnership, or sole proprietorship. A Texas resident agent must be designated for foreign or non-resident organizations, ensuring compliance with state regulations. Additionally, the form mandates the submission of officer and agent listings, which detail key individuals responsible for the organization. Filing fees apply for new submissions and annual renewals, and financial assurance may be required depending on the nature of the operations. The P-5 form also addresses the need for timely updates, stipulating that any changes to the organization must be reported within fifteen days. Understanding the significance of the Texas P-5 form is essential for maintaining compliance and facilitating smooth operations in the oil and gas sector.
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
Completing the Texas P-5 form is an essential step for organizations operating within the jurisdiction of the Railroad Commission of Texas. This process involves providing detailed information about the entity, its officers, and its operational structure. Once the form is filled out, it will be submitted to the Railroad Commission for review and approval.
After completing these steps, the Texas P-5 form should be mailed to the Railroad Commission of Texas, specifically to the P-5 Financial Assurance Unit. It is important to ensure that all information is accurate and complete, as any discrepancies may delay processing or lead to rejection of the form.
The Texas P-5 form is an Organization Report required by the Railroad Commission of Texas for entities involved in oil and gas operations. This form ensures that the Commission has up-to-date information about the organization, including its structure and key personnel. Filing this form is essential for compliance with state regulations and for maintaining the ability to operate legally within Texas.
Any entity performing operations within the jurisdiction of the Commission’s Oil & Gas Division must file the P-5 form. This includes gas and liquids companies, as well as master meter operators. If your organization falls under these categories, timely filing is crucial to avoid penalties and ensure continued operations.
Your initial P-5 form must be filed before you commence operations. After that, it needs to be renewed annually. The Commission will send you a reminder before your renewal date, allowing you to review and update your information as necessary. If any changes occur within your organization, such as a change in address or personnel, you must submit a revised report within 15 days.
Failure to file the P-5 form on time can result in penalties and may jeopardize your ability to operate legally. The Railroad Commission may deny your application or renewal, which can halt operations and affect your business significantly. It is vital to adhere to the filing deadlines to avoid these consequences.
The filing fee for a new P-5 filing is $300. For annual renewals, the fee may vary based on your organization’s activities, potentially reaching up to $1,350. However, there is no fee for updating officer or agent information. Always check the latest fee schedule to ensure compliance with payment requirements.
A Texas Resident Agent is an individual or entity designated to receive legal documents on behalf of your organization. If your organization is based outside of Texas, you are required to appoint a Texas Resident Agent. This ensures that you have a local point of contact for legal matters, which is essential for compliance with state regulations.
If there are any changes to your organization, such as a change in address, personnel, or business structure, you must file an amended P-5 form within 15 days. If the change involves a name change, you will need to file a new P-5 form and obtain a new operator number. Keeping your information current is crucial for maintaining compliance.
If you require help with the P-5 form, consider consulting with a legal or compliance expert familiar with Texas oil and gas regulations. Additionally, the Railroad Commission provides instructions on the back of the form, which can guide you through the process. Don’t hesitate to reach out for support to ensure your submission is accurate.
Completed P-5 forms should be mailed to the Railroad Commission of Texas, specifically to the P-5 Financial Assurance Unit at P.O. Box 12967, Austin, Texas 78711-2967. Ensure that you send your form to the correct address to avoid delays in processing.
Failing to read the instructions thoroughly: Many individuals overlook the importance of understanding the guidelines provided on the back of the form. This can lead to errors that may delay the processing of the application.
Incorrectly identifying the purpose of filing: It’s crucial to check the appropriate box indicating whether the submission is a new filing, annual refiling, or another purpose. Selecting the wrong option can result in complications.
Using an outdated organization name: If the name of the organization has changed, it must be updated on the form. Failing to do so can lead to rejections or delays in processing.
Omitting the Texas Resident Agent: For foreign or non-resident organizations, designating a Texas resident agent is mandatory. Not including this information can cause significant issues.
Neglecting to provide complete contact information: Ensure that all required phone numbers and addresses are filled out completely. Incomplete information can hinder communication and processing.
Failing to attach necessary documents: The form requires attachments like the P-5O officer listings. Omitting these can lead to the form being deemed incomplete.
Ignoring financial assurance requirements: If the organization is required to maintain financial assurance, this must be in place before the report can be approved. Not addressing this can delay the process.
Not filing amendments in a timely manner: Changes in information must be reported within 15 days. Delays in filing amendments can result in penalties or complications.
Forgetting to sign and date the form: A missing signature or date can render the submission invalid. Always double-check that these critical elements are included.
The Texas P-5 form is an essential document for organizations operating within the jurisdiction of the Railroad Commission of Texas. Alongside this form, several other documents are commonly required to ensure compliance with state regulations. Each of these forms serves a specific purpose, facilitating the accurate reporting and management of operational details. Below is a list of these documents, along with a brief description of their significance.
Understanding the various forms and documents associated with the Texas P-5 form is vital for organizations in the oil and gas industry. Each document plays a crucial role in maintaining compliance and ensuring the safe operation of facilities. Proper management of these forms can prevent delays and complications in the regulatory process, allowing organizations to focus on their core operations.
The Texas P-5 form shares similarities with the Texas Secretary of State's Certificate of Formation. Both documents serve as foundational filings for entities operating in Texas. The Certificate of Formation establishes a business's legal existence, while the P-5 form is required for entities engaged in oil and gas operations. Each document requires basic information about the entity, including its name, address, and organizational structure. Both forms also necessitate the designation of a registered agent, ensuring that there is a point of contact for legal and administrative matters.
Another similar document is the Texas Franchise Tax Report. This report is mandatory for most businesses operating in Texas and is used to determine the franchise tax owed to the state. Like the P-5 form, the Franchise Tax Report requires detailed information about the business, including its revenue and organizational structure. Both documents must be filed annually, and failure to comply can result in penalties. The Franchise Tax Report also requires the designation of a responsible party, similar to the requirement for a Texas resident agent on the P-5 form.
The Texas Certificate of Good Standing is another document that bears resemblance to the P-5 form. This certificate confirms that a business entity is authorized to operate in Texas and is compliant with state regulations. Both documents require verification of the entity's status and can be used to demonstrate legitimacy to other parties, such as banks or investors. While the P-5 form focuses specifically on oil and gas operations, the Certificate of Good Standing is broader and applicable to all business types registered in Texas.
Finally, the Texas Assumed Name Certificate, also known as a DBA (Doing Business As) certificate, is similar in that it requires businesses to register their operating names with the state. This document is crucial for entities that wish to operate under a name different from their legal name. Like the P-5 form, the Assumed Name Certificate must be filed with the appropriate state authority, and it includes information about the entity's structure and the designated agent. Both documents aim to ensure transparency and provide a clear record of business operations within Texas.
When completing the Texas P-5 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of four important dos and don'ts to consider:
Following these guidelines will help streamline the process and reduce the likelihood of delays or rejections. Attention to detail is key when dealing with regulatory forms.
This is not accurate. The P-5 form must be filed by both new and existing operators. Annual refiling is required for all entities, regardless of their operational status.
This is incorrect for foreign or non-resident organizations. They must designate a Texas Resident Agent on the form to comply with state regulations.
This is misleading. If only the address changes, a signed letter can suffice. However, any other changes require a revised organization report to be filed within 15 days.
This is false. A filing fee is required for new filings and annual renewals. The fee varies based on the activities of the organization, so it is important to review the fee schedule.