Texas 2009 - 81st Regular

Texas House Bill HB2087 Compare Versions

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Old	New	Differences
1	1	81R5984 ACP-D
2	2	By: Homer H.B. No. 2087
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the state's statutory and contractual liens to secure
8	8	the payment of unpaid royalty and other amounts due under oil and
9	9	gas leases of state land.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 52.136, Natural Resources Code, is
12	12	amended by amending Subsection (b) and adding Subsection (d) to
13	13	read as follows:
14	14	(b) By acceptance of a lease, the lessee grants to the state
15	15	an express contractual lien on and security interest in all oil and
16	16	gas in and extracted from the area covered by the lease, all
17	17	proceeds which may accrue to the lessee from the sale of the oil and
18	18	gas extracted from the area covered by the lease or from the area
19	19	covered by any other lease of state land or minerals held by the
20	20	lessee, whether the proceeds are held by the lessee or another
21	21	person, and all fixtures on and improvements to the area covered by
22	22	the lease used in connection with the production or processing of
23	23	the oil and gas, to secure the payment of royalties and other
24	24	amounts due or to become due under the lease or this subchapter and
25	25	to secure payment of damages or loss that the state may suffer by
26	26	reason of the lessee's breach of a covenant or condition of the
27	27	lease or of another lease of state land or minerals held by the
28	28	lessee, whether express or implied.
29	29	(d) The commissioner may temporarily suspend enforcement of
30	30	a lien established by Subsection (b) if the commissioner determines
31	31	that, because of extenuating circumstances beyond the control of
32	32	the lessee, the lessee did not receive payment from the first
33	33	purchaser of the oil or gas produced from the lease area.
34	34	SECTION 2. This Act takes effect September 1, 2009.