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.