85R5032 JAM-F
By: Nevárez H.B. No. 1168
A BILL TO BE ENTITLED
AN ACT
relating to the mineral use of land that has been subdivided for
energy development resulting in the generation of electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.002, Natural Resources Code, is
amended by adding Subdivision (5) to read as follows:
(5) "Qualified subdivision for energy development"
means a tract of land of not more than 640 acres that:
(A) has been subdivided in a manner authorized by
law by the surface owners for energy development resulting in the
generation of electricity by a plant or industrial facility; and
(B) contains one or more operations sites within
the tract and provisions for road and pipeline easements to allow
use of the operations sites.
SECTION 2. Section 92.003, Natural Resources Code, is
amended to read as follows:
Sec. 92.003. CREATION OF SUBDIVISION. The surface owners
of a parcel of land may create a qualified subdivision or a
qualified subdivision for energy development on the land if a plat
of the subdivision has been approved by the railroad commission and
filed with the clerk of the county in which the subdivision is to be
located.
SECTION 3. Section 92.004(a), Natural Resources Code, is
amended to read as follows:
(a) The railroad commission shall adopt rules governing the
contents of an application for a qualified subdivision or a
qualified subdivision for energy development. An application must
be accompanied by a plat of the subdivision showing the applicant's
proposed location of operations sites and road and pipeline
easements.
SECTION 4. Section 92.005, Natural Resources Code, is
amended to read as follows:
Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a
possessory mineral interest within a qualified subdivision or a
qualified subdivision for energy development may use only the
surface contained in designated operations sites for exploration,
development, and production of minerals and the designated
easements only as necessary to adequately use the operations sites.
(b) The owner of the possessory mineral interest may drill
wells or extend well bores from an operations site or from a site
outside of the qualified subdivision or qualified subdivision for
energy development under the surface of other parts of the
qualified subdivision or qualified subdivision for energy
development if the operations do not unreasonably interfere with
the use of the surface of the qualified subdivision or qualified
subdivision for energy development outside the operations site.
(c) This section ceases to apply to a qualified subdivision
if, by the third anniversary of the date on which the order of the
commission becomes final:
(1) the surface owner has not commenced actual
construction of roads or utilities within the qualified
subdivision; and
(2) a lot within the qualified subdivision has not
been sold to a third party.
(d) This section ceases to apply to a qualified subdivision
for energy development if, by the third anniversary of the date on
which the order of the commission becomes final, the surface owner
has not commenced actual construction of roads or facilities for
use in generating electricity within the qualified subdivision for
energy development.
SECTION 5. Section 92.006, Natural Resources Code, is
amended to read as follows:
Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any
portion of a qualified subdivision or qualified subdivision for
energy development may be amended, replatted, or abandoned by the
surface owner. An amendment or replat, however, may not alter,
diminish, or impair the usefulness of an operations site or
appurtenant road or pipeline easement unless the amendment or
replat is approved by the commission in accordance with Section
92.003 [of this code].
SECTION 6. Not later than January 1, 2018, the Railroad
Commission of Texas shall adopt rules necessary to implement
Chapter 92, Natural Resources Code, as amended by this Act.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.