By Raymond H.B. No. 3243 75R7853 SMH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disclosure in a contract for the sale of real 1-3 property of information regarding the rights of the owner of a 1-4 mineral interest in the property. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 5, Property Code, is 1-7 amended by adding Section 5.010 to read as follows: 1-8 Sec. 5.010. NOTICE OF CERTAIN RIGHTS OF MINERAL INTEREST 1-9 OWNER. (a) This section does not apply to a transfer described by 1-10 Sections 5.008(e)(1)-(9). 1-11 (b) A seller of an interest in real property who enters into 1-12 a contract for the sale of that interest shall include in the 1-13 contract the following notice in bold-faced type: 1-14 NOTICE OF CERTAIN RIGHTS OF OWNER OF MINERAL INTEREST 1-15 If the seller is reserving a mineral interest in the property 1-16 or if the property is subject to a prior conveyance or reservation 1-17 of a mineral interest, the owner of the mineral interest has 1-18 certain rights to the property. The owner of a mineral interest is 1-19 normally entitled to explore for, develop, and produce the minerals 1-20 under the property without the consent of the owner of the surface. 1-21 However, those rights are subject to the mineral interest owner's 1-22 obligation to accommodate surface uses that existed at the time the 1-23 mineral interest was conveyed or reserved. If the use of the 1-24 surface by the owner of the mineral interest would substantially 2-1 impair those uses, the owner of the mineral interest may be 2-2 required to use reasonable alternatives, if available. A 2-3 reservation of a mineral interest by the seller or a prior 2-4 conveyance or reservation of a mineral interest should be 2-5 specifically stated in the contract and title commitment. The 2-6 contract may or may not give the buyer the right to object to any 2-7 mineral reservation or conveyance revealed in the title commitment. 2-8 (c) If the seller fails to include in the contract the 2-9 notice described by Subsection (b) but furnishes the notice to the 2-10 purchaser before the seventh day preceding the closing date, the 2-11 purchaser may terminate the contract for any reason not later than 2-12 the seventh day after the date the purchaser receives the notice. 2-13 (d) If the seller fails to include in the contract the 2-14 notice described by Subsection (b) but furnishes the notice to the 2-15 purchaser within seven days before the closing date, the purchaser 2-16 may: 2-17 (1) without penalty, delay the closing for not more 2-18 than seven days after the date the purchaser receives the notice; 2-19 or 2-20 (2) terminate the contract for any reason not later 2-21 than the seventh day after the date the purchaser receives the 2-22 notice. 2-23 (e) If the seller fails to include in the contract or 2-24 furnish to the purchaser the notice described by Subsection (b) 2-25 before the purchaser closes on the property, the purchaser is 2-26 entitled to recover from the seller: 2-27 (1) an amount equal to the greater of: 3-1 (A) $500; or 3-2 (B) five percent of the consideration paid for 3-3 the property; 3-4 (2) reasonable attorney's fees; and 3-5 (3) court costs. 3-6 SECTION 2. This Act takes effect January 1, 1998, and 3-7 applies only to a contract of sale entered into on or after that 3-8 date. A contract of sale entered into before that date is governed 3-9 by the law as it existed immediately before the effective date of 3-10 this Act, and that law is continued in effect for that purpose. 3-11 SECTION 3. The importance of this legislation and the 3-12 crowded condition of the calendars in both houses create an 3-13 emergency and an imperative public necessity that the 3-14 constitutional rule requiring bills to be read on three several 3-15 days in each house be suspended, and this rule is hereby suspended.