H.B. No. 2521
AN ACT
relating to the allocation and use of payments received under oil
and gas leases of land owned by the state for a county road.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 32.201, Natural Resources
Code, is amended to read as follows:
Sec. 32.201. PREFERENTIAL RIGHT TO LEASE CERTAIN LAND BY
ADJOINING MINERAL OWNER; ALLOCATION AND USE OF PAYMENTS RECEIVED
FROM LEASING OF LAND OWNED FOR COUNTY ROAD.
SECTION 2. Section 32.201, Natural Resources Code, is
amended by adding Subsections (i) and (j) to read as follows:
(i) Subject to Subsection (j), any payment received from the
leasing of oil and gas under lands owned by the state that were or
may be acquired by a county to construct a county road shall be
deposited to the credit of the county road oil and gas fund as
provided by Section 32.2015.
(j) Notwithstanding any other provision of law, a lease of
oil and gas under land described by Subsection (i) that is entered
into on or after September 1, 2017, must require any payment under
the lease to be made directly to the county treasurer, or officer
performing the function of that office, in the county in which the
land is located, as determined by the commissioner and described in
the lease, for deposit to the credit of the county road and bridge
fund of the county to be used for the purposes described by Section
32.2015(d). A lessee's obligation to make a payment under this
subsection is satisfied by making that payment to the county
described in the lease. This subsection does not create a cause of
action for a county to pursue remedies under a lease described by
this subsection, and a county is not considered to be a party to
such a lease for the purpose of asserting a right granted by the
lease or under this subsection.
SECTION 3. Subchapter F, Chapter 32, Natural Resources
Code, is amended by adding Section 32.2015 to read as follows:
Sec. 32.2015. FUND. (a) The county road oil and gas fund is
a trust fund outside the state treasury to be held and administered
by the comptroller as trustee for the payment, without
appropriation, to counties of money received from the leasing of
oil and gas under lands owned by the state that were or may be
acquired by a county to construct a county road.
(b) The land office shall deposit to the credit of the fund
money received under Section 32.201(i) from the leasing of oil and
gas under lands owned by the state that were or may be acquired by a
county to construct a county road.
(c) Interest or other income from investment of the fund
shall be deposited to the credit of the fund.
(d) Money in the fund received from the leasing of oil and
gas under lands described by Subsection (b) located in a county,
together with the interest or other income from investment of that
money deposited to the credit of the fund, shall be disbursed at
least twice each fiscal year, without appropriation, to the county
treasurer or officer performing the function of that office. The
county treasurer or officer shall deposit amounts received under
this subsection to the credit of the county road and bridge fund of
the county. Money deposited to the credit of that fund under this
subsection may be used by the county only for road maintenance
purposes.
SECTION 4. Section 52.025, Natural Resources Code, is
repealed.
SECTION 5. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2521 was passed by the House on May 4,
2015, by the following vote: Yeas 140, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2521 on May 27, 2015, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2521 was passed by the Senate, with
amendments, on May 24, 2015, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor