By Ogden                                              H.B. No. 2901
       74R6316 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the payment of royalties on oil and gas produced from
    1-3  state land.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 66.65, Education Code, is amended by
    1-6  adding Subsection (f) to read as follows:
    1-7        (f)  The royalty on oil shall be based on the greater of the
    1-8  market value of or $20 for a barrel of oil.  The royalty on gas
    1-9  shall be based on the greater of the market value of or $2 for a
   1-10  thousand cubic feet of gas.  This subsection does not apply to
   1-11  compensatory royalties or royalties on production from offset
   1-12  wells.
   1-13        SECTION 2.  Section 66.68(e), Education Code, is amended to
   1-14  read as follows:
   1-15        (e)  Each lease shall provide that if at the expiration of
   1-16  the primary term or at any time thereafter there is located on the
   1-17  leased premises a well or wells capable of producing oil or gas in
   1-18  paying quantities and such oil or gas is not produced for lack of
   1-19  suitable production facilities or a suitable market and such lease
   1-20  is not being otherwise maintained in force and effect, the lessee
   1-21  may pay as royalty $1,200 per annum for each well on the lease
   1-22  capable of producing oil or gas in paying quantities, such payment
   1-23  to be made to the Board of Regents of The University of Texas
   1-24  System at Austin, Texas.  For purposes of this subsection, the
    2-1  market for oil is unsuitable if the market value is less than $20
    2-2  for each barrel of oil, and  the market for gas is unsuitable if
    2-3  the market value is less than $2 for each thousand cubic feet of
    2-4  gas.  Any shut-in oil or gas royalty must be paid on or before:
    2-5  (1) the expiration of the primary term of the lease, (2) 60 days
    2-6  after lessee ceases to produce oil or gas from the leased premises,
    2-7  or (3) 60 days after lessee completes a drilling and reworking
    2-8  operation in accordance with the lease provisions, whichever date
    2-9  is later.  If such payment is made, the lease shall be considered
   2-10  to be a producing lease and such shut-in royalty payment shall
   2-11  extend the term of the lease for a period of one year from the end
   2-12  of the primary term or from the first day of the month next
   2-13  succeeding the month in which production ceased; and thereafter if
   2-14  no suitable production facilities or suitable market for such oil
   2-15  or gas exists, the lessee may extend the lease for four additional
   2-16  and successive periods of one year each by the payment of a like
   2-17  sum of money each year on or before the expiration of the extended
   2-18  term.  Provided, however, that if, while such lease is being
   2-19  maintained in force and effect by payment of such shut-in royalty,
   2-20  oil or gas should be sold and delivered in paying quantities from a
   2-21  well situated within 1,000 feet of the leased premises and
   2-22  completed in the same producing reservoir or in any case where
   2-23  drainage is occurring, the right to further extend the lease by
   2-24  such shut-in royalty payments shall cease, but such lease shall
   2-25  remain in force and effect for the remainder of the current one
   2-26  year period for which the shut-in royalty has been paid, and for
   2-27  four additional and successive periods of one year each by the
    3-1  payment by the lessee of compensatory royalty, at the royalty rate
    3-2  provided for in such university lease of the value at the well of
    3-3  production from the well which is causing the drainage or which is
    3-4  completed in the same producing reservoir and within 1,000 feet of
    3-5  the leased premises;  such compensatory royalty to be paid monthly
    3-6  to the Board of Regents of The University of Texas System at
    3-7  Austin, Texas, beginning on or before the last day of the month
    3-8  next succeeding the month in which such oil or gas is sold and
    3-9  delivered from the well situated within 1,000 feet of, or draining,
   3-10  the leased premises and completed in the same producing reservoir;
   3-11  provided further, that in the event such compensatory royalties
   3-12  paid in any 12-month period are in a sum less than the annual
   3-13  shut-in gas well royalties provided for in this section, the lessee
   3-14  shall pay an additional sum equal to the difference within 30 days
   3-15  from the end of such 12-month period; provided further, that
   3-16  nothing herein shall relieve the lessee of the obligation of
   3-17  reasonable development, nor of the obligation to drill offset wells
   3-18  required by Section 66.75 of this code.
   3-19        SECTION 3.  Section 32.1072, Natural Resources Code, is
   3-20  amended to read as follows:
   3-21        Sec. 32.1072.  Minimum Royalty, Bonus, and Rental.  (a)  The
   3-22  board may not accept a bid on an oil and gas lease that offers:
   3-23              (1)  a royalty of less than one-eighth of the gross
   3-24  production of oil and gas; or
   3-25              (2)  a cash bonus of less than $10 an acre.
   3-26        (b)  The royalty on oil shall be based on the greater of the
   3-27  market value of or $20 for a barrel of oil.  The royalty on gas
    4-1  shall be based on the greater of the market value of or $2 for a
    4-2  thousand cubic feet of gas.  This subsection does not apply to
    4-3  compensatory royalties or royalties on production from offset
    4-4  wells.
    4-5        SECTION 4.  Section 52.022, Natural Resources Code, is
    4-6  amended to read as follows:
    4-7        Sec. 52.022.  Royalty Rate.  (a)  The board shall set the
    4-8  royalty rate on production of oil and gas from land leased under
    4-9  this subchapter.  The royalty rate set must be at least one-eighth
   4-10  of the gross production or the market value of the oil and gas
   4-11  produced.
   4-12        (b)  The royalty on oil shall be based on the greater of the
   4-13  market value of or $20 for a barrel of oil.  The royalty on gas
   4-14  shall be based on the greater of the market value of or $2 for a
   4-15  thousand cubic feet of gas.  This subsection does not apply to
   4-16  compensatory royalties or royalties on production from offset
   4-17  wells.
   4-18        SECTION 5.  Section 52.024(b), Natural Resources Code, is
   4-19  amended to read as follows:
   4-20        (b)  Each lease shall provide that:
   4-21              (1)  if, at any time after the expiration of the
   4-22  primary term of a lease that, until being shut in, was being
   4-23  maintained in force and effect, a well capable of producing oil or
   4-24  gas in paying quantities is located on the leased premises but oil
   4-25  or gas is not being produced for lack of suitable production
   4-26  facilities or lack of a suitable market, then the lessee may pay as
   4-27  a shut-in oil or gas royalty an amount equal to double the annual
    5-1  rental provided in the lease but not less than $1,200 a year for
    5-2  each well capable of producing oil or gas in paying quantities.
    5-3  For purposes of this subsection, the market for oil is unsuitable
    5-4  if the market value is less than $20 for each barrel of oil, and
    5-5  the market  for gas is unsuitable if the market value is less than
    5-6  $2 for each thousand cubic feet of gas.  To be effective, each
    5-7  initial shut-in oil or gas royalty must be paid on or before:  (A)
    5-8  the expiration of the primary term, (B) 60 days after the lessee
    5-9  ceases to produce oil or gas from the leased premises, or (C) 60
   5-10  days after the lessee completes a drilling or reworking operation
   5-11  in accordance with the lease provisions, whichever date is latest;
   5-12              (2)  if the shut-in oil or gas royalty is paid, the
   5-13  lease shall be considered to be a producing lease and the payment
   5-14  shall extend the term of the lease for a period of one year from
   5-15  the end of the primary term or from the first day of the month
   5-16  following the month in which production ceased, and, after that, if
   5-17  no suitable production facilities or suitable market for the oil or
   5-18  gas exists, the lessee may extend the lease for four more
   5-19  successive periods of one year by paying the same amount each year
   5-20  on or before the expiration of each shut-in year;
   5-21              (3)  if, during the period the lease is kept in effect
   5-22  by payment of the shut-in oil or gas royalty, oil or gas is sold
   5-23  and delivered in paying quantities from a well located within 1,000
   5-24  feet of the leased premises and completed in the same producing
   5-25  reservoir, or in any case in which drainage is occurring, the right
   5-26  to continue to maintain the lease by paying the shut-in oil or gas
   5-27  royalty shall cease, but the lease shall remain effective for the
    6-1  remainder of the year for which the royalty has been paid.  The
    6-2  lessee may maintain the lease for four more successive years by the
    6-3  lessee paying compensatory royalty at the royalty rate provided in
    6-4  the lease of the market value of production from the well causing
    6-5  the drainage or which is completed in the same producing reservoir
    6-6  and within 1,000 feet of the leased premises;
    6-7              (4)  the compensatory royalty is to be paid monthly to
    6-8  the commissioner beginning on or before the last day of the month
    6-9  following the month in which the oil or gas is produced from the
   6-10  well causing the drainage or that is completed in the same
   6-11  producing reservoir and located within 1,000 feet of the leased
   6-12  premises;
   6-13              (5)  if the compensatory royalty paid in any 12-month
   6-14  period is in an amount less than the annual shut-in oil or gas
   6-15  royalty, the lessee shall pay an amount equal to the difference
   6-16  within 30 days from the end of the 12-month period; and
   6-17              (6)  none of these provisions will relieve the lessee
   6-18  of the obligation of reasonable development nor the obligation to
   6-19  drill offset wells as provided in Section 52.034 of this code;
   6-20  however, at the determination of the commissioner and with the
   6-21  commissioner's written approval, the payment of compensatory
   6-22  royalties shall satisfy the obligation to drill offset wells.
   6-23        SECTION 6.  Sections 52.088 and 52.172, Natural Resources
   6-24  Code, are amended to read as follows:
   6-25        Sec. 52.088.  Royalty Rate.  (a)  The board shall set the
   6-26  royalty rate on production of oil and gas from riverbeds and
   6-27  channels leased under this subchapter.  The royalty rate set must
    7-1  be at least one-eighth of the gross production or the market value
    7-2  of the oil and gas produced.
    7-3        (b)  The royalty on oil shall be based on the greater of the
    7-4  market value of or $20 for a barrel of oil.  The royalty on gas
    7-5  shall be based on the greater of the market value of or $2 for a
    7-6  thousand cubic feet of gas.  This subsection does not apply to
    7-7  compensatory royalties or royalties on production from offset
    7-8  wells.
    7-9        Sec. 52.172.  Sale and Lease by Agent.  (a)  The owner of
   7-10  said land is hereby authorized to sell or lease to any person,
   7-11  firm, or corporation the oil and gas that may be thereon or therein
   7-12  upon such terms and conditions as such owner may deem best, subject
   7-13  only to the provisions hereof, and he may have a second lien
   7-14  thereon to secure the payment of any sum due him.  All leases and
   7-15  sales so made shall be assignable.  No oil or gas rights shall be
   7-16  sold or leased hereunder for a delay rental during the primary term
   7-17  of less than 10 cents per acre per year plus royalty, and in case
   7-18  of production, the lessee or purchaser shall pay the state the
   7-19  undivided one-sixteenth of the value of the oil and gas reserved
   7-20  herein, and like amounts to the owner of the soil.
   7-21        (b)  The payment to the state for the value of the oil
   7-22  reserved by the state shall be based on the greater of the market
   7-23  value of or $20 for a barrel of oil.  The payment to the state for
   7-24  the value of the gas reserved by the state shall be based on the
   7-25  greater of the market value of or $2 for a thousand cubic feet of
   7-26  gas.  This subsection does not apply to compensatory royalties or
   7-27  royalties on production from offset wells.
    8-1        SECTION 7.  The changes in law made by this Act apply only to
    8-2  payment of royalties on oil and gas produced from state land under
    8-3  an oil and gas lease entered into on or after the effective date of
    8-4  this Act.  Payment of royalties on oil and gas produced from state
    8-5  land under an oil and gas lease entered into before the effective
    8-6  date of this Act is governed by the law in effect on the date the
    8-7  lease was entered into, and the former law is continued in effect
    8-8  for that purpose.
    8-9        SECTION 8.  This Act takes effect September 1, 1995.
   8-10        SECTION 9.  The importance of this legislation and the
   8-11  crowded condition of the calendars in both houses create an
   8-12  emergency and an imperative public necessity that the
   8-13  constitutional rule requiring bills to be read on three several
   8-14  days in each house be suspended, and this rule is hereby suspended.