Texas 2015 - 84th Regular

Texas House Bill HB2104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R2867 LEH-F
2	2	By: Lucio III H.B. No. 2104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for the management, sale, or lease of
8	8	certain state-owned real property and the management or collection
9	9	of related funds, including disputed oil and gas royalties owed to
10	10	the state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 31.1573(d), Natural Resources Code, is
13	13	amended to read as follows:
14	14	(d) The grant of an interest in real property owned by the
15	15	state under this section must:
16	16	(1) comply with the requirements of Section 31.158 to
17	17	the extent the requirements do not conflict with a recommendation
18	18	in the governor's report under Section 31.1571; and
19	19	(2) be conveyed by an instrument signed by the
20	20	commissioner and, if the transaction was conducted under Section
21	21	31.158(c)(7) [governor's approval is required], by the governor.
22	22	SECTION 2. Section 31.167(c), Natural Resources Code, is
23	23	amended to read as follows:
24	24	(c) The special board of review must file a copy of the
25	25	development plan in the deed records of the county in which the real
26	26	property is located. Revisions to the development plan are
27	27	governed by local development policies and procedures if the
28	28	revisions [that] are requested after the later of:
29	29	(1) the 10th anniversary of the date on which the
30	30	development plan was promulgated by the special board of review; or
31	31	(2) the date on which the state no longer holds a
32	32	financial or property interest in the real property subject to the
33	33	plan [are governed by local development policies and procedures].
34	34	SECTION 3. Section 32.106, Natural Resources Code, is
35	35	amended to read as follows:
36	36	Sec. 32.106. DESCRIPTION OF LAND. The description of
37	37	public school land offered for sale, lease, or commitment to a
38	38	contract for development shall be in accord with the description
39	39	which may be found in the School Land Registry or other records in
40	40	the land office.
41	41	SECTION 4. Section 33.136(c), Natural Resources Code, is
42	42	amended to read as follows:
43	43	(c) Within 30 days after the date the commissioner approves
44	44	a coastal boundary survey under this section, the commissioner
45	45	shall provide notice of that approval by:
46	46	(1) publication in the Texas Register;
47	47	(2) publication for two consecutive weeks on the
48	48	Internet website of the land office [in a newspaper of general
49	49	circulation in the county or counties in which the land depicted in
50	50	the survey is located]; and
51	51	(3) filing a copy of the approval in the archives and
52	52	records division of the land office.
53	53	SECTION 5. Subchapter C, Chapter 51, Natural Resources
54	54	Code, is amended by adding Section 51.068 to read as follows:
55	55	Sec. 51.068. FUND ACCOUNTS. (a) Payments of principal,
56	56	interest, and lease rental shall be accounted for in a similar form
57	57	but separate from first payments on land.
58	58	(b) The comptroller shall deposit 90 percent of the payments
59	59	on land received each month to the probable fund to which the
60	60	payments belong as indicated by the commissioner and shall hold the
61	61	remaining 10 percent of the payments in the suspense account until
62	62	the comptroller receives notice from the commissioner indicating
63	63	the proper fund for the payments. After notice is received, the
64	64	comptroller shall credit the full amount to the proper fund.
65	65	(c) The commissioner and comptroller shall keep an account
66	66	with each fund according to advices given by them and shall retain
67	67	the advices as permanent records.
68	68	SECTION 6. Section 51.3021(c), Natural Resources Code, is
69	69	amended to read as follows:
70	70	(c) The notice required by Subsection (b) [of this section]
71	71	must be given:
72	72	(1) by service in person or by registered or certified
73	73	mail, return receipt requested; or
74	74	(2) if personal service cannot be obtained or the
75	75	address of the person responsible is unknown, by posting a copy of
76	76	the notice on the facility or structure and by publishing notice on
77	77	the Internet website of the land office and in the Texas Register
78	78	for [in a newspaper with general circulation in the county in which
79	79	the facility or structure is located two times within] 10
80	80	consecutive days.
81	81	SECTION 7. The heading to Section 52.137, Natural Resources
82	82	Code, is amended to read as follows:
83	83	Sec. 52.137. SUIT AFTER PROTEST [PAYMENT].
84	84	SECTION 8. Sections 52.137(a) and (c), Natural Resources
85	85	Code, are amended to read as follows:
86	86	(a) If a lessee, who has received an audit deficiency
87	87	assessment and has waived the right to request a hearing before the
88	88	commissioner or who is required by final order of the commissioner
89	89	following a hearing to pay additional royalties, contends that such
90	90	audit deficiency assessment is unlawful or that the commissioner
91	91	may not legally demand or collect such royalties, and the lessee
92	92	[shall pay to the commissioner the amount claimed by the
93	93	commissioner, and if the lessee] intends to bring suit under this
94	94	section, the lessee must submit [with the payment] a protest in
95	95	writing stating fully and in detail each reason why it contends such
96	96	royalty is not due. Such protest [payment] shall be made to the
97	97	commissioner within 30 days of the date of receipt of the audit
98	98	billing notice or of the date of receipt of the final order of the
99	99	commissioner following a hearing, as the case may be. All such
100	100	mailings shall be by certified mail, return receipt requested.
101	101	(c) [A suit may be brought under this section against the
102	102	commissioner to recover the payment under protest.] A suit under
103	103	this section is barred unless brought in the district courts of
104	104	Travis County within 90 days after the date of the protest [payment]
105	105	or within 90 days after the date of the final order of the
106	106	commissioner following hearing, whichever is later.
107	107	SECTION 9. Section 52.139(a), Natural Resources Code, is
108	108	amended to read as follows:
109	109	(a) If an audit billing notice has been issued under Section
110	110	52.135 and any outstanding audit deficiency assessment has been
111	111	paid either:
112	112	(1) voluntarily;
113	113	(2) after a hearing was requested and the commissioner
114	114	has entered a final non-appealable order concerning the assessment;
115	115	or
116	116	(3) after a final non-appealable judgment has been
117	117	rendered by a court after [payment of an audit assessment under
118	118	protest and] filing of a suit [for refund] under Section 52.137 [of
119	119	this code], then the commissioner may not issue another deficiency
120	120	assessment which covers the same issues, time periods, and leases
121	121	as those covered by the previous assessment.
122	122	SECTION 10. The following provisions of the Natural
123	123	Resources Code are repealed:
124	124	(1) Section 32.102;
125	125	(2) Section 52.137(b); and
126	126	(3) Section 52.138.
127	127	SECTION 11. The changes in law made by Sections 52.137 and
128	128	52.139(a), Natural Resources Code, as amended by this Act, and by
129	129	the repeal of Section 52.138, Natural Resources Code, apply only to
130	130	an audit billing notice or a final commissioner's order, as
131	131	applicable, received by a lessee on or after the effective date of
132	132	this Act. An audit billing notice or a final commissioner's order,
133	133	as applicable, received by a lessee before the effective date of
134	134	this Act is governed by the law in effect on the date the notice or
135	135	order was received, and the former law is continued in effect for
136	136	that purpose.
137	137	SECTION 12. This Act takes effect September 1, 2015.