Bill Text: TX SB1657 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to claims for and distribution of unclaimed land grant mineral proceeds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Finance [SB1657 Detail]
Download: Texas-2011-SB1657-Introduced.html
82R7447 PMO-F | ||
By: Hinojosa | S.B. No. 1657 |
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relating to claims for and distribution of unclaimed land grant | ||
mineral proceeds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 74, Property Code, is | ||
amended by adding Section 74.405 to read as follows: | ||
Sec. 74.405. UNCLAIMED LAND GRANT MINERAL PROCEEDS. (a) In | ||
this section, "unclaimed land grant mineral proceeds" are mineral | ||
proceeds governed by Subchapter C, Chapter 75. | ||
(b) Unclaimed land grant mineral proceeds delivered to the | ||
comptroller under this chapter may be distributed only under | ||
Subchapter C, Chapter 75. | ||
SECTION 2. Section 74.601, Property Code, is amended by | ||
amending Subsection (b) and adding Subsection (h) to read as | ||
follows: | ||
(b) Except as provided by Subsection (h), the [ |
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comptroller shall deposit to the credit of the general revenue | ||
fund: | ||
(1) all funds, including marketable securities, | ||
delivered to the comptroller under this chapter or any other | ||
statute requiring the delivery of unclaimed property to the | ||
comptroller; | ||
(2) all proceeds from the sale of any property, | ||
including marketable securities, under this chapter; | ||
(3) all funds that have escheated to the state under | ||
Chapter 71, except that funds relating to escheated real property | ||
shall be deposited according to Section 71.202; and | ||
(4) any income derived from investments of the | ||
unclaimed money. | ||
(h) Not later than the 90th day after the end of each fiscal | ||
year, the comptroller shall deposit unclaimed land grant mineral | ||
proceeds delivered under this chapter to the credit of the | ||
unclaimed land grant mineral proceeds account in the general | ||
revenue fund. Money in the unclaimed land grant mineral proceeds | ||
account may be distributed only as provided by Subchapter C, | ||
Chapter 75. | ||
SECTION 3. Section 75.001(a), Property Code, is amended by | ||
adding Subdivisions (4), (5), and (6) to read as follows: | ||
(4) "Original land grant" means the initial conveyance | ||
of real property in this state, as evidenced by a certificate, | ||
title, or patent, from: | ||
(A) the Crown of Spain; | ||
(B) Mexico; | ||
(C) the Republic of Texas; or | ||
(D) this state. | ||
(5) "Net mineral estate" means the percentage portion | ||
of mineral proceeds derived from an original land grant owned by a | ||
descendent of an original grantee. | ||
(6) "Commission" means the Railroad Commission of | ||
Texas. | ||
SECTION 4. Section 75.001(c), Property Code, is amended to | ||
read as follows: | ||
(c) Except as provided by Subchapter C, a [ |
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property presumed abandoned under this chapter is subject to the | ||
procedures of Chapter 74. | ||
SECTION 5. Chapter 75, Property Code, is amended by adding | ||
Subchapter C to read as follows: | ||
SUBCHAPTER C. UNCLAIMED LAND GRANT MINERAL PROCEEDS | ||
Sec. 75.151. APPLICABILITY. This subchapter applies to all | ||
mineral proceeds that are: | ||
(1) derived directly or indirectly from real property | ||
located in this state regardless of the location of the holder's | ||
formation, organization, incorporation, or domicile; | ||
(2) unclaimed and presumed abandoned under this | ||
chapter or Chapter 72, 73, or 74; | ||
(3) held by a holder or the comptroller; and | ||
(4) reportable to the comptroller under Subchapter B, | ||
Chapter 74. | ||
Sec. 75.152. CALCULATION OF MINERAL ESTATE. The Railroad | ||
Commission of Texas shall determine and report to the comptroller | ||
the extent of the mineral estate of each original land grant based | ||
on: | ||
(1) information from commission records submitted by a | ||
land surveyor registered, licensed, or certified as provided by | ||
Chapter 1071, Occupations Code; | ||
(2) commission archives and records; | ||
(3) General Land Office records; and | ||
(4) any other information that the commission by rule | ||
requires or approves. | ||
Sec. 75.153. COMMISSION RULES. (a) The commission shall | ||
adopt rules and procedures reasonably required for the performance | ||
of its powers, duties, and functions under this subchapter, | ||
including rules for providing any notice and procedures for any | ||
public hearings. The rules for providing notice must include | ||
procedures for providing notice to affected persons. The | ||
commission by rule shall define who qualifies as an affected person | ||
for purposes of claiming unclaimed land grant mineral proceeds. | ||
(b) The commission shall send copies of proposed rules to | ||
the comptroller and any other persons the commission determines | ||
appropriate. The commission shall allow any agency or person to | ||
whom the commission sends copies a reasonable period to submit | ||
comments and recommendations. | ||
Sec. 75.154. CLAIM AGAINST UNCLAIMED LAND GRANT MINERAL | ||
PROCEEDS. (a) A person may submit a claim for the person's net | ||
mineral estate against unclaimed land grant mineral proceeds held | ||
by the comptroller by filing with the comptroller a form prescribed | ||
by rule adopted by the comptroller. In addition to the form, a | ||
person must submit: | ||
(1) an affidavit stating that, to the best of the | ||
claimant's information, knowledge, and belief: | ||
(A) the claimant does not receive and has never | ||
received mineral proceeds from the original land grant; and | ||
(B) the claimant's ancestors do not or did not | ||
receive mineral proceeds from the original land grant; and | ||
(2) a copy of a final, unappealable judgment | ||
establishing: | ||
(A) the claimant's heirship as a descendent of | ||
the grantee of an original land grant; and | ||
(B) the extent of the claimant's interest in the | ||
mineral proceeds of the land grant. | ||
(b) A claimant may submit a claim under any line of | ||
descendency established in a final, unappealable judgment. | ||
(c) The comptroller shall approve a claim that complies with | ||
Subsection (a). | ||
Sec. 75.155. CALCULATION OF NET MINERAL ESTATE. (a) An | ||
approved claim under Section 75.154 must be paid in an amount | ||
calculated under Subsection (b). | ||
(b) The comptroller shall calculate the amount of an | ||
approved claim in accordance with rules and procedures adopted by | ||
the comptroller and based on: | ||
(1) the application form and other information | ||
submitted under Section 75.154(a); | ||
(2) the mineral estate calculation report required | ||
under Section 75.152; and | ||
(3) other relevant factors as determined by the | ||
comptroller. | ||
Sec. 75.156. COMPTROLLER RULES. (a) The comptroller shall | ||
adopt rules and procedures reasonably required for the performance | ||
of the comptroller's powers, duties, and functions under this | ||
subchapter, including rules for providing notice and procedures for | ||
any public hearings. The rules for notice must include procedures | ||
for providing notice to affected persons, as defined by commission | ||
rule. | ||
(b) The comptroller shall send copies of proposed rules to | ||
the commission and any other persons the comptroller determines | ||
appropriate. The comptroller shall allow any agency or person to | ||
whom the comptroller sends copies a reasonable period to submit | ||
comments and recommendations. | ||
Sec. 75.157. ATTORNEY'S FEES. (a) An attorney licensed in | ||
this state may represent a claimant under this subchapter or in a | ||
judicial or administrative proceeding related to this subchapter. | ||
(b) An attorney who represents a claimant under this | ||
subchapter or in a judicial or administrative proceeding related to | ||
this subchapter may contract with the claimant for attorney's fees | ||
on an hourly or contingency basis or otherwise, as prescribed by | ||
Rule 1.04, Texas Disciplinary Rules of Professional Conduct. | ||
SECTION 6. (a) Not later than January 1, 2012, the Railroad | ||
Commission of Texas shall file the report described by Section | ||
75.152, Property Code, as added by this Act. | ||
(b) Not later than March 1, 2012, the Railroad Commission of | ||
Texas shall adopt rules and procedures as required by Section | ||
75.153, Property Code, as added by this Act. | ||
(c) Not later than April 1, 2012, the comptroller shall | ||
adopt rules and procedures as required by Section 75.156, Property | ||
Code, as added by this Act. | ||
(d) Not later than the 30th day after the effective date of | ||
this Act, the comptroller shall transfer to the unclaimed land | ||
grant mineral proceeds account created under Section 74.601, | ||
Property Code, as amended by this Act, all unclaimed land grant | ||
mineral proceeds delivered to and held by the comptroller under | ||
Chapter 74, Property Code. | ||
SECTION 7. (a) The change in law made by Section 75.157, | ||
Property Code, as added by this Act, applies to a contract executed | ||
before, on, or after the effective date of this Act. | ||
(b) The changes in law made by Subchapter C, Chapter 75, as | ||
added by this Act, apply only to a claim filed on or after the | ||
effective date of this Act. A claim filed before the effective date | ||
of this Act is covered by the law in effect when the claim was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |