Bill Text: TX HB2521 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the allocation and use of payments received under oil and gas leases of land owned by the state for a county road.
Sponsorship: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2015-06-19 - Effective on . . . . . . . . . . . . . . . [HB2521 Detail]
Download: Texas-2015-HB2521-Enrolled.html
| H.B. No. 2521 | ||
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| relating to the allocation and use of payments received under oil | ||
| and gas leases of land owned by the state for a county road. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 32.201, Natural Resources | ||
| Code, is amended to read as follows: | ||
| Sec. 32.201. PREFERENTIAL RIGHT TO LEASE CERTAIN LAND BY | ||
| ADJOINING MINERAL OWNER; ALLOCATION AND USE OF PAYMENTS RECEIVED | ||
| FROM LEASING OF LAND OWNED FOR COUNTY ROAD. | ||
| SECTION 2. Section 32.201, Natural Resources Code, is | ||
| amended by adding Subsections (i) and (j) to read as follows: | ||
| (i) Subject to Subsection (j), any payment received from the | ||
| leasing of oil and gas under lands owned by the state that were or | ||
| may be acquired by a county to construct a county road shall be | ||
| deposited to the credit of the county road oil and gas fund as | ||
| provided by Section 32.2015. | ||
| (j) Notwithstanding any other provision of law, a lease of | ||
| oil and gas under land described by Subsection (i) that is entered | ||
| into on or after September 1, 2017, must require any payment under | ||
| the lease to be made directly to the county treasurer, or officer | ||
| performing the function of that office, in the county in which the | ||
| land is located, as determined by the commissioner and described in | ||
| the lease, for deposit to the credit of the county road and bridge | ||
| fund of the county to be used for the purposes described by Section | ||
| 32.2015(d). A lessee's obligation to make a payment under this | ||
| subsection is satisfied by making that payment to the county | ||
| described in the lease. This subsection does not create a cause of | ||
| action for a county to pursue remedies under a lease described by | ||
| this subsection, and a county is not considered to be a party to | ||
| such a lease for the purpose of asserting a right granted by the | ||
| lease or under this subsection. | ||
| SECTION 3. Subchapter F, Chapter 32, Natural Resources | ||
| Code, is amended by adding Section 32.2015 to read as follows: | ||
| Sec. 32.2015. FUND. (a) The county road oil and gas fund is | ||
| a trust fund outside the state treasury to be held and administered | ||
| by the comptroller as trustee for the payment, without | ||
| appropriation, to counties of money received from the leasing of | ||
| oil and gas under lands owned by the state that were or may be | ||
| acquired by a county to construct a county road. | ||
| (b) The land office shall deposit to the credit of the fund | ||
| money received under Section 32.201(i) from the leasing of oil and | ||
| gas under lands owned by the state that were or may be acquired by a | ||
| county to construct a county road. | ||
| (c) Interest or other income from investment of the fund | ||
| shall be deposited to the credit of the fund. | ||
| (d) Money in the fund received from the leasing of oil and | ||
| gas under lands described by Subsection (b) located in a county, | ||
| together with the interest or other income from investment of that | ||
| money deposited to the credit of the fund, shall be disbursed at | ||
| least twice each fiscal year, without appropriation, to the county | ||
| treasurer or officer performing the function of that office. The | ||
| county treasurer or officer shall deposit amounts received under | ||
| this subsection to the credit of the county road and bridge fund of | ||
| the county. Money deposited to the credit of that fund under this | ||
| subsection may be used by the county only for road maintenance | ||
| purposes. | ||
| SECTION 4. Section 52.025, Natural Resources Code, is | ||
| repealed. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2521 was passed by the House on May 4, | ||
| 2015, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2521 on May 27, 2015, by the following vote: Yeas 141, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2521 was passed by the Senate, with | ||
| amendments, on May 24, 2015, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
