84R2867 LEH-F
By: Lucio III H.B. No. 2104
A BILL TO BE ENTITLED
AN ACT
relating to procedures for the management, sale, or lease of
certain state-owned real property and the management or collection
of related funds, including disputed oil and gas royalties owed to
the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.1573(d), Natural Resources Code, is
amended to read as follows:
(d) The grant of an interest in real property owned by the
state under this section must:
(1) comply with the requirements of Section 31.158 to
the extent the requirements do not conflict with a recommendation
in the governor's report under Section 31.1571; and
(2) be conveyed by an instrument signed by the
commissioner and, if the transaction was conducted under Section
31.158(c)(7) [governor's approval is required], by the governor.
SECTION 2. Section 31.167(c), Natural Resources Code, is
amended to read as follows:
(c) The special board of review must file a copy of the
development plan in the deed records of the county in which the real
property is located. Revisions to the development plan are
governed by local development policies and procedures if the
revisions [that] are requested after the later of:
(1) the 10th anniversary of the date on which the
development plan was promulgated by the special board of review; or
(2) the date on which the state no longer holds a
financial or property interest in the real property subject to the
plan [are governed by local development policies and procedures].
SECTION 3. Section 32.106, Natural Resources Code, is
amended to read as follows:
Sec. 32.106. DESCRIPTION OF LAND. The description of
public school land offered for sale, lease, or commitment to a
contract for development shall be in accord with the description
which may be found in the School Land Registry or other records in
the land office.
SECTION 4. Section 33.136(c), Natural Resources Code, is
amended to read as follows:
(c) Within 30 days after the date the commissioner approves
a coastal boundary survey under this section, the commissioner
shall provide notice of that approval by:
(1) publication in the Texas Register;
(2) publication for two consecutive weeks on the
Internet website of the land office [in a newspaper of general
circulation in the county or counties in which the land depicted in
the survey is located]; and
(3) filing a copy of the approval in the archives and
records division of the land office.
SECTION 5. Subchapter C, Chapter 51, Natural Resources
Code, is amended by adding Section 51.068 to read as follows:
Sec. 51.068. FUND ACCOUNTS. (a) Payments of principal,
interest, and lease rental shall be accounted for in a similar form
but separate from first payments on land.
(b) The comptroller shall deposit 90 percent of the payments
on land received each month to the probable fund to which the
payments belong as indicated by the commissioner and shall hold the
remaining 10 percent of the payments in the suspense account until
the comptroller receives notice from the commissioner indicating
the proper fund for the payments. After notice is received, the
comptroller shall credit the full amount to the proper fund.
(c) The commissioner and comptroller shall keep an account
with each fund according to advices given by them and shall retain
the advices as permanent records.
SECTION 6. Section 51.3021(c), Natural Resources Code, is
amended to read as follows:
(c) The notice required by Subsection (b) [of this section]
must be given:
(1) by service in person or by registered or certified
mail, return receipt requested; or
(2) if personal service cannot be obtained or the
address of the person responsible is unknown, by posting a copy of
the notice on the facility or structure and by publishing notice on
the Internet website of the land office and in the Texas Register
for [in a newspaper with general circulation in the county in which
the facility or structure is located two times within] 10
consecutive days.
SECTION 7. The heading to Section 52.137, Natural Resources
Code, is amended to read as follows:
Sec. 52.137. SUIT AFTER PROTEST [PAYMENT].
SECTION 8. Sections 52.137(a) and (c), Natural Resources
Code, are amended to read as follows:
(a) If a lessee, who has received an audit deficiency
assessment and has waived the right to request a hearing before the
commissioner or who is required by final order of the commissioner
following a hearing to pay additional royalties, contends that such
audit deficiency assessment is unlawful or that the commissioner
may not legally demand or collect such royalties, and the lessee
[shall pay to the commissioner the amount claimed by the
commissioner, and if the lessee] intends to bring suit under this
section, the lessee must submit [with the payment] a protest in
writing stating fully and in detail each reason why it contends such
royalty is not due. Such protest [payment] shall be made to the
commissioner within 30 days of the date of receipt of the audit
billing notice or of the date of receipt of the final order of the
commissioner following a hearing, as the case may be. All such
mailings shall be by certified mail, return receipt requested.
(c) [A suit may be brought under this section against the
commissioner to recover the payment under protest.] A suit under
this section is barred unless brought in the district courts of
Travis County within 90 days after the date of the protest [payment]
or within 90 days after the date of the final order of the
commissioner following hearing, whichever is later.
SECTION 9. Section 52.139(a), Natural Resources Code, is
amended to read as follows:
(a) If an audit billing notice has been issued under Section
52.135 and any outstanding audit deficiency assessment has been
paid either:
(1) voluntarily;
(2) after a hearing was requested and the commissioner
has entered a final non-appealable order concerning the assessment;
or
(3) after a final non-appealable judgment has been
rendered by a court after [payment of an audit assessment under
protest and] filing of a suit [for refund] under Section 52.137 [of
this code], then the commissioner may not issue another deficiency
assessment which covers the same issues, time periods, and leases
as those covered by the previous assessment.
SECTION 10. The following provisions of the Natural
Resources Code are repealed:
(1) Section 32.102;
(2) Section 52.137(b); and
(3) Section 52.138.
SECTION 11. The changes in law made by Sections 52.137 and
52.139(a), Natural Resources Code, as amended by this Act, and by
the repeal of Section 52.138, Natural Resources Code, apply only to
an audit billing notice or a final commissioner's order, as
applicable, received by a lessee on or after the effective date of
this Act. An audit billing notice or a final commissioner's order,
as applicable, received by a lessee before the effective date of
this Act is governed by the law in effect on the date the notice or
order was received, and the former law is continued in effect for
that purpose.
SECTION 12. This Act takes effect September 1, 2015.