Texas 2011 - 82nd Regular

Texas House Bill HB2611 Compare Versions

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1	1	82R24819 PMO-D
2	2	By: Guillen H.B. No. 2611
3	3	Substitute the following for H.B. No. 2611:
4	4	By: Miller of Erath C.S.H.B. No. 2611
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to claims for and distribution of unclaimed land grant
10	10	mineral proceeds.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter E, Chapter 74, Property Code, is
13	13	amended by adding Section 74.405 to read as follows:
14	14	Sec. 74.405. UNCLAIMED LAND GRANT MINERAL PROCEEDS. (a) In
15	15	this section, "unclaimed land grant mineral proceeds" are mineral
16	16	proceeds governed by Subchapter C, Chapter 75.
17	17	(b) Unclaimed land grant mineral proceeds delivered to the
18	18	comptroller under this chapter may be distributed only under
19	19	Subchapter C, Chapter 75.
20	20	SECTION 2. Section 74.507, Property Code, is amended by
21	21	amending Subsection (a) and adding Subsection (c) to read as
22	22	follows:
23	23	(a) Except as provided by Section 75.155, a [A] person who
24	24	informs a potential claimant that the claimant may be entitled to
25	25	claim property that is reportable to the comptroller under this
26	26	chapter, that has been reported to the comptroller, or that is in
27	27	the possession of the comptroller may not contract for or receive
28	28	from the claimant for services an amount that exceeds 10 percent of
29	29	the value of the property recovered. If the property involved is
30	30	mineral proceeds, the amount for services may not include a portion
31	31	of the underlying minerals or any production payment, overriding
32	32	royalty, or similar payment.
33	33	(c) Notwithstanding Subsection (b), a person who informs a
34	34	potential claimant of a claim under Subchapter C, Chapter 75, may
35	35	file or receive a form to claim on behalf of the claimant as
36	36	provided by contract or other written agreement between the
37	37	potential claimant and the person.
38	38	SECTION 3. Section 74.601, Property Code, is amended by
39	39	amending Subsection (b) and adding Subsection (h) to read as
40	40	follows:
41	41	(b) Except as provided by Subsection (h), the [The]
42	42	comptroller shall deposit to the credit of the general revenue
43	43	fund:
44	44	(1) all funds, including marketable securities,
45	45	delivered to the comptroller under this chapter or any other
46	46	statute requiring the delivery of unclaimed property to the
47	47	comptroller;
48	48	(2) all proceeds from the sale of any property,
49	49	including marketable securities, under this chapter;
50	50	(3) all funds that have escheated to the state under
51	51	Chapter 71, except that funds relating to escheated real property
52	52	shall be deposited according to Section 71.202; and
53	53	(4) any income derived from investments of the
54	54	unclaimed money.
55	55	(h) Not later than the 90th day after the end of each fiscal
56	56	year, the comptroller shall deposit unclaimed land grant mineral
57	57	proceeds delivered under this chapter to the credit of the
58	58	unclaimed land grant mineral proceeds revenue account in the
59	59	general revenue fund. Money in the unclaimed land grant mineral
60	60	proceeds revenue account may be distributed only as provided by
61	61	Subchapter C, Chapter 75.
62	62	SECTION 4. Section 75.001(a), Property Code, is amended by
63	63	adding Subdivisions (4), (5), and (6) to read as follows:
64	64	(4) "Original land grant" means the initial conveyance
65	65	of real property in this state, as evidenced by a certificate,
66	66	title, or patent, from:
67	67	(A) the Crown of Spain;
68	68	(B) Mexico;
69	69	(C) the Republic of Texas; or
70	70	(D) this state.
71	71	(5) "Net mineral estate" means the percentage portion
72	72	of mineral proceeds derived from an original land grant owned by a
73	73	descendent of an original grantee.
74	74	(6) "Third-party data provider" means a data provider
75	75	approved under rules adopted by the comptroller.
76	76	SECTION 5. Section 75.001(c), Property Code, is amended to
77	77	read as follows:
78	78	(c) Except as provided by Subchapter C, a [A] holder of
79	79	property presumed abandoned under this chapter is subject to the
80	80	procedures of Chapter 74.
81	81	SECTION 6. Chapter 75, Property Code, is amended by adding
82	82	Subchapter C to read as follows:
83	83	SUBCHAPTER C. UNCLAIMED LAND GRANT MINERAL PROCEEDS
84	84	Sec. 75.151. APPLICABILITY. This subchapter applies to all
85	85	mineral proceeds that are:
86	86	(1) derived directly or indirectly from real property
87	87	located in this state regardless of the location of the holder's
88	88	formation, organization, incorporation, or domicile;
89	89	(2) unclaimed and presumed abandoned under this
90	90	chapter or Chapter 72, 73, or 74;
91	91	(3) held by a holder or the comptroller; and
92	92	(4) reportable to the comptroller under Subchapter B,
93	93	Chapter 74.
94	94	Sec. 75.152. NET MINERAL ESTATE CALCULATIONS. (a) In
95	95	accordance with rules adopted by the comptroller, a third-party
96	96	data provider may:
97	97	(1) determine the net mineral estate of each original
98	98	land grant based on evidence provided by one or more land surveyors
99	99	registered, licensed, or certified under Chapter 1071, Occupations
100	100	Code; and
101	101	(2) based on records of the Railroad Commission of
102	102	Texas, determine the total amount of mineral production for each
103	103	original land grant having a net mineral estate from January 1,
104	104	1985, until the date the determination is made.
105	105	(b) To determine the percentage that each original land
106	106	grant constitutes of the whole of the original land grants, the
107	107	result of Subsection (a)(1) must be multiplied by the result of
108	108	Subsection (a)(2) for each original land grant.
109	109	(c) The comptroller shall adopt rules for purposes of
110	110	Subsection (a).
111	111	Sec. 75.153. CLAIM AGAINST UNCLAIMED LAND GRANT MINERAL
112	112	PROCEEDS. (a) A person may submit a claim for the person's net
113	113	mineral estate against unclaimed land grant mineral proceeds held
114	114	by the comptroller in the unclaimed land grant mineral proceeds
115	115	revenue account by filing with the comptroller a form adopted by
116	116	comptroller rule. In addition to the form, a person must submit:
117	117	(1) an affidavit stating that, to the best of the
118	118	claimant's information, knowledge, and belief:
119	119	(A) the claimant does not receive and has never
120	120	received mineral proceeds from the original land grant; and
121	121	(B) the claimant's ancestors do not or did not
122	122	receive mineral proceeds from the original land grant; and
123	123	(2) a copy of a final, unappealable judgment
124	124	establishing:
125	125	(A) the claimant's heirship as a descendent of
126	126	the grantee of an original land grant; and
127	127	(B) the extent of the claimant's interest in the
128	128	mineral proceeds of the land grant.
129	129	(b) A claimant may submit a claim under any line of
130	130	descendency established in a final, unappealable judgment.
131	131	(c) The comptroller shall approve a claim that complies with
132	132	Subsection (a).
133	133	Sec. 75.154. MAXIMUM CLAIM CALCULATION. Beginning on
134	134	January 1, 2012, to determine the maximum amount for which a claim
135	135	may be made by a claimant for an original land grant, the percentage
136	136	figure under Section 75.152(b) for each original land grant having
137	137	a net mineral estate must be multiplied by the total amount of money
138	138	in the unclaimed land grant mineral proceeds revenue account under
139	139	Section 74.601(h).
140	140	Sec. 75.155. ATTORNEY'S FEES. (a) An attorney licensed in
141	141	this state may represent a claimant under this subchapter or in a
142	142	judicial or administrative proceeding related to this subchapter.
143	143	(b) An attorney who represents a claimant under this
144	144	subchapter or in a judicial or administrative proceeding related to
145	145	this subchapter may contract with the claimant for attorney's fees
146	146	on an hourly or contingency basis or otherwise, as prescribed by
147	147	Rule 1.04, Texas Disciplinary Rules of Professional Conduct.
148	148	Sec. 75.156. EXPENDITURES. (a) The expenses of the
149	149	comptroller in executing this subchapter may be paid only from the
150	150	unclaimed land grant mineral proceeds revenue account described by
151	151	Section 74.601(h).
152	152	(b) The comptroller shall adopt rules as necessary to
153	153	administer this section.
154	154	SECTION 7. (a) Not later than November 1, 2011, the
155	155	comptroller shall adopt rules as required by Sections 75.152 and
156	156	75.156, Property Code, as added by this Act.
157	157	(b) Not later than the 30th day after the effective date of
158	158	this Act, the comptroller shall transfer to the unclaimed land
159	159	grant mineral proceeds revenue account created under Section
160	160	74.601, Property Code, as amended by this Act, all unclaimed land
161	161	grant mineral proceeds delivered to and held by the comptroller
162	162	under Chapter 74, Property Code.
163	163	SECTION 8. (a) The change in law made by Section 75.155,
164	164	Property Code, as added by this Act, applies to a contract executed
165	165	before, on, or after the effective date of this Act.
166	166	(b) The changes in law made by Subchapter C, Chapter 75,
167	167	Property Code, as added by this Act, apply only to a claim filed on
168	168	or after the effective date of this Act. A claim filed before the
169	169	effective date of this Act is covered by the law in effect when the
170	170	claim was filed, and the former law is continued in effect for that
171	171	purpose.
172	172	SECTION 9. This Act takes effect immediately if it receives
173	173	a vote of two-thirds of all the members elected to each house, as
174	174	provided by Section 39, Article III, Texas Constitution. If this
175	175	Act does not receive the vote necessary for immediate effect, this
176	176	Act takes effect September 1, 2011.