1-1     By:  Brown                                            S.B. No. 1354

 1-2           (In the Senate - Filed March 13, 1997; March 18, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 14, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 9, Nays 0; April 14, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1354                   By:  Brown

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the Board for Lease of University Lands, the leasing,

1-11     management, and administration of certain public lands, and related

1-12     fees and penalties.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subchapter D, Chapter 66, Education Code, is

1-15     amended to read as follows:

1-16             SUBCHAPTER D.  BOARD FOR LEASE OF UNIVERSITY LANDS

1-17           Sec. 66.61.  DEFINITIONS.  In this subchapter:

1-18                 (1)  "Affiliate" includes the parent company or a

1-19     subsidiary company, a corporation having common ownership with

1-20     another of 10 percent or greater, a partner or joint venturer with

1-21     a company with respect to a business subject to this subchapter, or

1-22     a relative within the second degree of consanguinity or affinity.

1-23     Affiliates of a common entity are also affiliates of each other.

1-24                 (2)  "Board" means the Board for Lease of University

1-25     Lands.

1-26                 (3)  "Board of regents" means the board of regents of

1-27     The University of Texas System, except where otherwise specified.

1-28                 (4)  "Commissioner" means the Commissioner of the

1-29     General Land Office.

1-30                 (5)  "Lessee" means a person who holds a leasehold

1-31     interest, legal or equitable, under a lease issued pursuant to this

1-32     subchapter, or the operator of oil and gas exploration, production,

1-33     and marketing activities on the leased premises, whether or not the

1-34     operator holds an interest in the lease.

1-35                 (6)  "Oil and gas" means crude oil, natural gas, and

1-36     all substances, including other hydrocarbons, produced in

1-37     association with crude oil and natural gas.

1-38                 (7)  "University lands" means land dedicated to the

1-39     permanent university fund.

1-40                 (8)  "Well" means an oil or gas well that has been

1-41     assigned a well number by the state agency having regulatory

1-42     jurisdiction over the production of oil and gas.  A single wellbore

1-43     may contain more than one well.

1-44           Sec. 66.62.  BOARD FOR LEASE OF UNIVERSITY LANDS.  (a)  The

1-45     board is composed of the commissioner, two members of the board of

1-46     regents selected by that board, and one member of the board of

1-47     regents of The Texas A&M University System selected by that board.

1-48     If a regent member is unable to attend a meeting of the board, the

1-49     presiding officer of the board of regents of the applicable system

1-50     may appoint another member of that board of regents as a substitute

1-51     member of the board to attend the meeting that the regular regent

1-52     member is unable to attend.  The substitute regent member shall

1-53     exercise all the powers, duties, and responsibilities of the absent

1-54     regent member during the conduct of the meeting for which he was

1-55     appointed.  A substitute regent member is subject to the provisions

1-56     of this subchapter.

1-57           (b)  Members of the board, other than the commissioner, serve

1-58     two-year terms expiring February 1 of each odd-numbered year.

1-59     Regent members continue to serve until a successor is appointed and

1-60     qualified.

1-61           (c)  The commissioner is chairman of the board.

1-62           (d)  A person who is directly or indirectly employed by, or

1-63     is an officer or employee of a person or entity actively engaged in

1-64     the exploration for or production of oil and gas, other than as a

 2-1     landowner or royalty owner, may not be a regent member.

 2-2           (e)  An officer, employee, or paid consultant of a trade

 2-3     association in the oil and gas industry may not be a regent member

 2-4     or employee of the board, nor may a person who cohabits with or is

 2-5     the spouse of an officer, managerial employee, or paid consultant

 2-6     of a trade association in the oil and gas industry be a regent

 2-7     member of the board or a non-classified employee of the board.

 2-8           (f)  A person who is required to register as a lobbyist under

 2-9     Chapter 305, Government Code, by virtue of his activities for

2-10     compensation in or on behalf of a profession related to the

2-11     operation of the board, may not serve as a regent member of the

2-12     board or act as the general counsel to the board.

2-13           (g)  The board of regents of the university system appointing

2-14     a regent member may remove the regent member from the board if that

2-15     member:

2-16                 (1)  does not have at the time of appointment the

2-17     qualifications required by this section for appointment to the

2-18     board;

2-19                 (2)  does not maintain during the service on the board

2-20     the qualifications required by this section for appointment to the

2-21     board;

2-22                 (3)  violates a prohibition established by Subsection

2-23     (d), (e), or (f);

2-24                 (4)  is unable to discharge his duties for a

2-25     substantial portion of the term for which he was appointed because

2-26     of illness or disability; or

2-27                 (5)  is absent from more than one-half of the regularly

2-28     scheduled board meetings which the member is eligible to attend

2-29     during a calendar year, except when the absence is excused by

2-30     majority vote of the board.

2-31           (h)  The board is exempt from the provisions of Chapter 2001,

2-32     Government Code.

2-33           Sec. 66.63.  CERTAIN BOARD ACTIONS.  (a)  A majority of the

2-34     members of the board have the power to act for the board on a

2-35     matter before the board.  Two members of the board have the power

2-36     to award leases issued on a form of lease previously approved by a

2-37     majority of the board.

2-38           (b)  The validity of an action of the board is not affected

2-39     because it was taken when a ground for removal of a regent member

2-40     of the board existed.  A regent member continues to serve until

2-41     removed under Section 66.62(g).

2-42           Sec. 66.64.  POWERS AND DUTIES OF THE BOARD.  (a)  The board

2-43     shall in a manner consistent with this subchapter:

2-44                 (1)  lease university lands for oil and gas exploration

2-45     and development on terms, at times, and in the manner it may

2-46     determine;

2-47                 (2)  contract for the sale or other disposition of oil

2-48     and gas royalties taken in kind;

2-49                 (3)  adopt rules and policies for the administration

2-50     and enforcement of this subchapter and leases issued under this

2-51     subchapter;

2-52                 (4)  set fees and penalties for the administration and

2-53     enforcement of this subchapter;

2-54                 (5)  set the terms of a contract for the development of

2-55     university lands for oil and gas;

2-56                 (6)  approve agreements that commit the royalty

2-57     interest in university lands on terms acceptable to the board; and

2-58                 (7)  exercise other powers and authority and perform

2-59     other duties as may be reasonably necessary to administer and

2-60     enforce the provisions of this subchapter.

2-61           (b)  The board shall hold meetings and keep records of its

2-62     proceedings in a manner consistent with the requirements of Chapter

2-63     551, Government Code.  The board shall develop and implement

2-64     policies which provide the public with a reasonable opportunity to

2-65     appear before the board, to speak on an issue under the board's

2-66     jurisdiction, or be heard with respect to a declaration of

2-67     forfeiture.

2-68           (c)  Except as otherwise provided in this subchapter, the

2-69     records of the board are subject to the requirements of Chapter

 3-1     552, Government Code.

 3-2           (d)  The financial transactions of the board are subject to

 3-3     audit by the state auditor in accordance with Chapter 321,

 3-4     Government Code.

 3-5           (e)  The board may delegate to the staff provided to it by

 3-6     the board of regents any duty except as prohibited by law.

 3-7           (f)  The board shall appoint a secretary.

 3-8           Sec. 66.65.  BOARD STAFF; EXCHANGE OF INFORMATION WITH STATE

 3-9     AGENCIES.  (a)  The board of regents shall employ and compensate

3-10     personnel to assist the board in the performance of its powers and

3-11     duties under this subchapter or may assign employees of The

3-12     University of Texas System to those duties.

3-13           (b)  The members of the board, personnel and counsel employed

3-14     or assigned to assist the board, the board of regents, staff of The

3-15     University of Texas System, the commissioner and staff of the

3-16     General Land Office, the board of regents and staff of The Texas

3-17     A&M University System, the office of the comptroller, the office of

3-18     the attorney general, and any other agency or official of the state

3-19     with a reasonable business interest in state or university lands,

3-20     minerals, or resources may consult with each other and exchange

3-21     information related to the administration of leases, collection and

3-22     disposition of royalties, whether in cash or in kind, and any other

3-23     matter related to the lease, sale, or production of, or the

3-24     exploration for, oil, gas, or any other mineral or resource,

3-25     including geothermal, wind, and solar energy on state or university

3-26     lands.  The information so exchanged and consultations and related

3-27     communications shall be or shall remain confidential and shall be

3-28     privileged from discovery in the same manner and to the same extent

3-29     as if the persons consulted, which includes counsel, were members

3-30     of the same agency.  Sections 52.134 and 52.140, Natural Resources

3-31     Code, shall not prohibit the consultations or exchange of

3-32     information provided for by this section; however, each agency

3-33     receiving such confidential information is required to keep the

3-34     information confidential under Sections 52.134 and 52.140, Natural

3-35     Resources Code, as appropriate, and to take all reasonable actions

3-36     necessary to protect the confidential and privileged nature of the

3-37     information.

3-38           Sec. 66.66.  LEASE SALES.  (a)  Oil and gas leases shall be

3-39     offered at public auction or by sealed bid, or through a

3-40     combination of public auction and sealed bid, as the board elects.

3-41     Contracts for development may be awarded in the same manner.

3-42           (b)  The board shall publish notice that the board will

3-43     receive bids for oil and gas leases or contracts for development of

3-44     oil and gas in two or more daily newspapers in this state and in

3-45     other publications as the board may choose.

3-46           (c)  The notice shall be published at least 30 days before

3-47     the date the bids will be opened.

3-48           (d)  The notice shall state that land is to be offered for

3-49     lease or a contract for development and that a person may obtain a

3-50     publication from The University of Texas System offices that

3-51     describes the land offered and the minimum terms.

3-52           (e)  The board of regents may solicit and include advertising

3-53     in the publication describing a lease sale.  Fees paid for

3-54     advertising shall be deposited into the special fee account

3-55     established by Subsection (g) and are available for the same

3-56     purposes as described in that subsection.

3-57           (f)  The board may withdraw any lands advertised for lease

3-58     before the hour set for receiving bids.

3-59           (g)  Each bid is subject to the payment of a special fee

3-60     equal to one and one-half percent of the total bonus whether

3-61     stipulated or bid, which special payment shall constitute a special

3-62     fund from which the board of regents shall defray the expenses of

3-63     the sale, including the payment of the general operating expenses

3-64     for geology, engineering, field inspection, and auditing oil and

3-65     gas production of university lands and including salaries and

3-66     traveling expenses of persons employed by the board of regents for

3-67     those purposes.

3-68           (h)  The board of regents may direct the comptroller of The

3-69     University of Texas System to transmit to the state comptroller for

 4-1     deposit to the credit of the permanent university fund unexpended

 4-2     balances remaining in the special fee account after reserving a

 4-3     sufficient amount in it for the payment of current expenses as set

 4-4     out in Subsection (g).

 4-5           Sec. 66.67.  LEASE TERMS.  (a)  The oil and gas lease for

 4-6     each tract shall be offered for a bonus to be determined by high

 4-7     bid in addition to the stipulated royalty or for a stipulated bonus

 4-8     and a royalty to be determined by high bid.  Each tract shall be

 4-9     offered separately and the minimum bonus or royalty, depending on

4-10     the basis for the bid, and the length of the primary term for each

4-11     tract shall be set out in the official publication describing the

4-12     tracts and terms.

4-13           (b)  Except as otherwise provided by law, the minimum royalty

4-14     rate shall be one-eighth of the oil or gas produced or the value

4-15     thereof.

4-16           (c)  The primary term of a lease shall not exceed 10 years.

4-17           (d)  Each lease shall be subject to the provisions of this

4-18     subchapter and rules promulgated by the board.

4-19           (e)  The successful bidder shall pay to the board of regents

4-20     on the day the bid is accepted the full amount of bonus, whether

4-21     stipulated or bid, and the special fee in the form of payment

4-22     specified by the board.

4-23           Sec. 66.68.  MARGINAL PROPERTY ROYALTY RATES.  (a)  In this

4-24     section:

4-25                 (1)  "Barrel of oil equivalent" means 6,000 cubic feet

4-26     of natural gas per 42-gallon barrel of crude oil or a volume of gas

4-27     with a minimum heating value of 6,000,000 British thermal units

4-28     (6,000 Mbtu), whichever is greater.

4-29                 (2)  "Lease" or "leases" means an oil and gas lease

4-30     issued or approved by the board that is valid and in force on or

4-31     after the effective date of this section.

4-32                 (3)  "Qualifying property" means land subject to a

4-33     lease issued under this subchapter.

4-34                 (4)  "Qualifying reservoir" means a reservoir having an

4-35     average daily per well production equal to or less than 15 barrels

4-36     of oil equivalent during a period established by the board by rule

4-37     and underlying either:

4-38                       (A)  a qualifying property; or

4-39                       (B)  a pooled unit including a qualifying

4-40     property.

4-41                 (5)  "Reservoir" has the same meaning as "common

4-42     reservoir" as defined by Section 86.002, Natural Resources Code.

4-43           (b)  The board may provide by rule that the royalty rate for

4-44     qualifying reservoirs may be reduced to not less than one-sixteenth

4-45     (6.25 percent).  In determining whether to grant a reduction in the

4-46     royalty rate, the board may consider whether the qualifying

4-47     property is being operated efficiently, including whether the

4-48     property is pooled or has reasonable potential for the application

4-49     of secondary or tertiary recovery techniques.

4-50           (c)  If a qualifying reservoir for which royalty rate

4-51     reduction is sought under this section is included in a unit

4-52     subject to the authority of the board, the board may modify the

4-53     terms and conditions of the unit as a condition of approving a

4-54     reduction in the royalty rate.

4-55           Sec. 66.69.  AWARD OF LEASE.  (a)  Except as otherwise

4-56     provided in this subchapter, the board shall award a lease for each

4-57     tract to the person offering the highest bid that includes the

4-58     terms adopted by the board and consistent with this subchapter.

4-59           (b)  The board may reject all bids for one or more tracts.

4-60           (c)  The commissioner shall execute a lease awarded by the

4-61     board in conformance with this subchapter.

4-62           Sec. 66.70.  ADDITIONAL LEASE PROVISIONS.  An oil and gas

4-63     lease issued under this subchapter shall include the provisions

4-64     required by this subchapter and additional provisions not

4-65     inconsistent herewith that the board may adopt to preserve the

4-66     interests of the state.  On submission of an application by all

4-67     lessees under the lease in the form required by the board and

4-68     payment of any applicable fee set by the board, the board may amend

4-69     a lease that does not include provisions required by Sections

 5-1     66.71, 66.72, and 66.73 to include those provisions in the form

 5-2     adopted by the board at the time the lease is amended.

 5-3           Sec. 66.71.  LEASE PROVISIONS.  (a)  An oil and gas lease

 5-4     issued by the board shall provide for payment of a delay rental.

 5-5     During the primary term of the lease, the lease shall terminate on

 5-6     the anniversary date of the lease unless:

 5-7                 (1)  oil or gas is being produced in paying quantities

 5-8     from the leased premises;

 5-9                 (2)  drilling operations are being conducted on the

5-10     leased premises; or

5-11                 (3)  the lessee pays timely in the manner provided in

5-12     the lease the amount of delay rental stated in the lease.

5-13           (b)  An oil and gas lease issued by the board shall provide

5-14     that if oil or gas is being produced in paying quantities from the

5-15     leased premises at the end of the primary term, the lease shall not

5-16     terminate but shall continue in force and effect as long as oil or

5-17     gas is produced in paying quantities.  The board may adopt rules

5-18     specifying when a lease will be considered to be producing in

5-19     paying quantities.

5-20           (c)  An oil and gas lease issued by the board shall provide

5-21     that royalty may be taken in kind at any time and from time to time

5-22     at the discretion of the board in the manner provided in this

5-23     subchapter.

5-24           Sec. 66.72.  CESSATION OF PRODUCTION; DRILLING AND REWORKING.

5-25     An oil and gas lease issued under this subchapter shall provide

5-26     that the term of the lease may be extended by drilling and

5-27     reworking operations in the event of the cessation of production,

5-28     on terms as the board may adopt.

5-29           Sec. 66.73.  SHUT-IN ROYALTY.  An oil and gas lease issued

5-30     under this subchapter shall provide for the extension of the lease

5-31     by the payment of shut-in royalties on terms as the board may

5-32     adopt.

5-33           Sec. 66.74.  LEASE EXTENSION OR SUSPENSION.  (a)  At the

5-34     expiration of the primary term of a lease, if production of oil or

5-35     gas has not been obtained on the leased premises, but drilling

5-36     operations are being conducted in good faith and in a good and

5-37     workmanlike manner, the lessee may apply in writing to extend the

5-38     lease for a period of 30 days.  The application shall be filed with

5-39     the board of regents on or before the expiration of the primary

5-40     term.

5-41           (b)  The applicant shall submit with the application a fee in

5-42     an amount set by the board of not less than $7.50 for each acre in

5-43     the lease requested to be extended.

5-44           (c)  If the commissioner determines that the conditions of

5-45     this section have been met, the commissioner, or a designee

5-46     appointed by the commissioner, shall execute a written extension as

5-47     provided by this section.

5-48           (d)  As long as drilling operations are being conducted in

5-49     good faith and in a good and workmanlike manner, additional

5-50     extensions of 30 days each may be granted up to an aggregate of 360

5-51     days.  The lessee must submit a written application and payment on

5-52     or before the last day of the extended primary term.  The payment

5-53     for each additional 30-day extension shall be in an amount set by

5-54     the board of not less than $7.50 for each acre in the lease.

5-55           (e)  The board may elect to suspend a lease and all of the

5-56     conditions and covenants contained in the lease if there is a

5-57     legitimate dispute regarding the validity of the lease.  The board

5-58     may rescind the suspension at any time, in which event the lease

5-59     shall resume as of the date the suspension is rescinded and shall

5-60     continue for the remainder of the period specified in the lease as

5-61     the primary term, or, if the primary term ended prior to the

5-62     suspension, the lessee shall have 60 days to commence production or

5-63     drilling and reworking operations.

5-64           Sec. 66.75.  PROTECTION FROM DRAINAGE; COMPENSATORY

5-65     ROYALTIES.  (a)  The lessee shall protect the leased premises from

5-66     drainage.  The lease may contain express terms regarding drainage

5-67     as the board may adopt.

5-68           (b)  Subject to the provisions of this section, the

5-69     commissioner may execute agreements that provide for the payment of

 6-1     compensatory royalty in lieu of drilling offset wells that may be

 6-2     required to protect the leased premises from drainage from a well

 6-3     or wells located on non-university lands, or university lands

 6-4     leased at a lesser royalty, situated within 1,000 feet of or

 6-5     draining the leased premises.

 6-6           (c)  Agreements providing for the payment of compensatory

 6-7     royalty must be approved by the board.

 6-8           (d)  Agreements providing for the payment of compensatory

 6-9     royalty must be found by the commissioner and the board to be in

6-10     the best interest of the state.

6-11           (e)  Nothing in an agreement for the payment of compensatory

6-12     royalty shall relieve the lessee of the obligation of reasonable

6-13     development or of the obligation to drill offset wells, obtain

6-14     suitable regulatory relief, propose appropriate pooling or

6-15     unitization arrangements, or conduct other activities to protect

6-16     the leased premises from drainage as to other producing horizons.

6-17           (f)  An agreement for the payment of compensatory royalty

6-18     shall provide that compensatory royalty be paid at the royalty rate

6-19     provided in the lease and shall provide that compensatory royalty

6-20     be paid on the market value of production from the well located on

6-21     non-university lands or university lands leased at a lesser royalty

6-22     situated within 1,000 feet of or draining the leased premises.

6-23           Sec. 66.76.  ASSIGNMENT; RELINQUISHMENT.  (a)  Rights

6-24     acquired in a lease or contract for development issued under this

6-25     subchapter may be assigned; provided, however, for an assignment to

6-26     be valid and effective, the assignment must be filed in the county

6-27     or counties in which the leased premises are situated and a legible

6-28     copy of the recorded assignment must be filed with the board of

6-29     regents within the time set by the board, accompanied by a filing

6-30     fee and any applicable penalty for late filing set by the board for

6-31     each lease assigned and a summary in the form adopted by the board

6-32     of regents.

6-33           (b)  Rights to a lease or to an assigned portion thereof may

6-34     be relinquished at any time by having an instrument of

6-35     relinquishment or release recorded in the county or counties in

6-36     which the area relinquished is situated and a legible copy of the

6-37     recorded instrument filed with the board of regents, accompanied by

6-38     a filing fee set by the board.

6-39           (c)  An assignment or relinquishment of a lease or a portion

6-40     thereof or an interest in a lease shall not relieve the lessee of

6-41     accrued obligations, including the payment of royalty, penalty, or

6-42     interest, and the lessee shall remain liable therefor.  All

6-43     successors in interest, whether acquiring a lease or an interest in

6-44     a lease by assignment or otherwise, shall take the lease or

6-45     interest subject to all outstanding obligations and shall be liable

6-46     for those obligations.

6-47           (d)  In the enforcement of lease obligations, the board and

6-48     the board of regents shall be entitled to rely on the state of

6-49     title reflected by the records of the board of regents.

6-50           Sec. 66.77.  ROYALTY PAYMENTS AND REPORTS.  (a)  Royalty as

6-51     stipulated in the lease and all other amounts due under this

6-52     subchapter shall be paid to the board of regents at Austin, Travis

6-53     County, Texas.  The lessee of record in the records of the board of

6-54     regents shall be responsible for making or causing to be made all

6-55     payments required by this subchapter at the required times and in

6-56     the form and manner determined by the board of regents or otherwise

6-57     required by law.

6-58           (b)  The board shall set by rule the date for making royalty

6-59     payments and for filing any reports, documents, or other records

6-60     required to be filed by this section.  The date set by the board

6-61     must be on or after the fifth day of the second month succeeding

6-62     the month of production of oil and on or after the 15th day of the

6-63     second month succeeding the month of production of gas.

6-64           (c)  A royalty payment is timely made if the payment is

6-65     deposited in a postpaid, properly addressed wrapper, with a post

6-66     office or official depository under the care and custody of, and

6-67     postmarked by, the United States Postal Service before the

6-68     applicable due date.

6-69           (d)  The lessee shall provide to the board of regents with

 7-1     each royalty payment:

 7-2                 (1)  an affidavit of the owner, manager, or other

 7-3     authorized agent completed in the form and manner required by the

 7-4     board of regents and showing the gross amount and disposition of

 7-5     all oil and gas produced and the market value of the oil and gas,

 7-6     the number assigned by the Railroad Commission of Texas, and other

 7-7     information as may be required by the board of regents;

 7-8                 (2)  a purchase statement or other document showing the

 7-9     price at which the oil and gas was sold;

7-10                 (3)  a check stub, schedule, summary, or other

7-11     remittance advice showing by the assigned lease number the amount

7-12     of royalty being paid on each lease; and

7-13                 (4)  other reports or records that the board of regents

7-14     may require to identify the well and lease and verify the gross

7-15     production, disposition, and market value.

7-16           (e)  The board of regents may require the lessee and a person

7-17     with whom the lessee deals, including an affiliate, in connection

7-18     with the production, transportation, marketing, treatment,

7-19     processing, or sale of the oil and gas, to provide reports or other

7-20     information as the board of regents may consider necessary to

7-21     determine that royalty has been correctly paid.

7-22           (f)  The board of regents may implement such practices and

7-23     procedures with regard to accounting for royalty payments as it may

7-24     determine to be in the best interest of the state.

7-25           Sec. 66.78.  INTEREST AND PENALTIES.  (a)  If royalty is not

7-26     paid when due, a penalty of one percent shall be added to the

7-27     unpaid amount due.  If the royalty is not paid within seven days

7-28     after the due date, a penalty of an additional four percent of the

7-29     royalty due is imposed.  If the royalty is not paid within 30 days

7-30     after the due date, a penalty of an additional five percent is

7-31     imposed.  The minimum penalty under this subsection is $25 or the

7-32     minimum penalty in excess thereof set by the board.  The board

7-33     shall not add a penalty under this subsection in cases of title

7-34     dispute as to the state's portion of the royalty or to that portion

7-35     of the royalty in dispute as to fair market value.

7-36           (b)  Interest shall accrue on delinquent royalties beginning

7-37     on the 61st day after the due date.  The annual interest rate on

7-38     delinquent royalties is 12 percent.  Interest accrued under this

7-39     subsection shall be in addition to any delinquency penalty due

7-40     under this section.

7-41           (c)  The board of regents shall add a penalty of 25 percent

7-42     to delinquent sums due under this subchapter if the board

7-43     determines that the delinquency is due to fraud or an intent to

7-44     evade the provisions of this subchapter on the part of the lessee

7-45     or the lessee's agents, employees, or assignees.

7-46           (d)  If a report, affidavit, supporting document, or other

7-47     instrument required to be filed under Section 66.77 or Section

7-48     66.80 is not filed when due, a penalty accrues in the amount set by

7-49     the board but not less than $10 per document for each 30-day period

7-50     of delinquency or fractional part thereof.

7-51           (e)  Collection of penalty and interest charges under this

7-52     section are in addition to any rights, including forfeiture, that

7-53     the board or the board of regents may exercise for failure to pay a

7-54     royalty or to submit a report or other instrument when due.

7-55           (f)  The board may provide by rule procedures and standards

7-56     for reduction of interest charged or penalties assessed under this

7-57     subchapter or other interest or penalties assessed relating to

7-58     unpaid or delinquent royalties or other amounts due.

7-59           Sec. 66.79.  PAYMENT OF ROYALTY IN KIND.  (a)  An oil or gas

7-60     royalty due under a lease on university lands shall be paid in kind

7-61     at the discretion of the board.

7-62           (b)  The option to take royalty in kind or to take cash

7-63     royalties may be exercised by the board at any time or from time to

7-64     time on not less than 60 days' notice to the lessee.

7-65           (c)  The board shall enter into contracts or other

7-66     instruments or agreements to dispose of the portion of the royalty

7-67     taken in kind, which may include contracts for sale,

7-68     transportation, or storage of the oil or gas.  The commissioner

7-69     shall execute contracts approved by the board under this section

 8-1     that are consistent with applicable law.

 8-2           (d)  The board of regents may enter into insurance contracts

 8-3     or other agreements to secure or guarantee payment of contracts or

 8-4     other instruments or agreements to dispose of the portion of the

 8-5     royalty taken in kind, including contracts for sale,

 8-6     transportation, and storage.

 8-7           (e)  If the board has elected to take royalty in kind, then

 8-8     delivery of the correct amount of oil or gas by the lessee shall

 8-9     satisfy the lessee's obligation for payment of the royalty due

8-10     under the lease.  This section shall not be construed to surrender

8-11     or in any way affect the right of the board of regents under

8-12     existing or future leases to receive royalty on the basis of market

8-13     value of production not taken in kind.

8-14           Sec. 66.80.  RECORDS.  (a)  The lessee shall provide to the

8-15     board of regents a copy of every contract for the sale or

8-16     processing of oil or gas and any subsequent agreement and amendment

8-17     thereto, together with a summary in the form adopted by the board

8-18     of regents, within 30 days after the contract, agreement, or

8-19     amendment is made.

8-20           (b)  The books and accounts, receipts, and discharges of all

8-21     wells, tanks, pools, meters, and pipelines, and all contracts and

8-22     other records pertaining directly or indirectly to the production,

8-23     transportation, sale, treatment, processing, or marketing of oil

8-24     and gas produced from university lands, or relevant to establishing

8-25     the volume or value of the production, whether the records are held

8-26     by or are in the possession of the lessee or a third party dealing

8-27     with the lessee, shall at all times be subject to inspection and

8-28     copying by the commissioner, the board, the board of regents, the

8-29     attorney general, the comptroller, the governor, or the

8-30     representative of any of them. The board or the board of regents

8-31     may, if necessary, compel the production of these records by

8-32     subpoena enforceable throughout the state.

8-33           Sec. 66.81.  AUDIT INFORMATION CONFIDENTIAL.  (a)  All

8-34     documents and information secured, derived, or obtained during the

8-35     course of an inspection or examination of books, accounts, reports,

8-36     or other records of the lessee or a third party, as provided by

8-37     this subchapter, and contracts, agreements, or amendments provided

8-38     to the board of regents under Section 66.80(a) are confidential and

8-39     may not be used publicly, opened for public inspection, or

8-40     disclosed, except for information set forth in a lien filed under

8-41     this chapter and except as permitted under Subsections (c) and (d).

8-42     This section shall not apply to records or information provided by

8-43     the lessee under Section 66.77.

8-44           (b)  Documents and information made confidential in this

8-45     section shall not be subject to subpoena directed to the board, the

8-46     board of regents, the commissioner, the attorney general, or the

8-47     governor except in a judicial or administrative proceeding in which

8-48     the state and a person with an equitable or legal interest in the

8-49     lease or land to which the information relates are parties.

8-50           (c)  The board, the board of regents, or the attorney general

8-51     may use documents and information made confidential by the

8-52     provisions of this section and contracts made confidential by this

8-53     subchapter to enforce the provisions of this subchapter or may

8-54     authorize their use in judicial or administrative proceedings in

8-55     which this state is a party or may authorize their examination by

8-56     employees, agents, or contractors of the board of regents or the

8-57     state auditor for audit purposes.

8-58           (d)  This section does not prohibit:

8-59                 (1)  the delivery of documents and information made

8-60     confidential by this section to the lessee or its successor,

8-61     receiver, executor, guarantor, administrator, assignee, or

8-62     representative;

8-63                 (2)  the publication of statistics classified to

8-64     prevent the identification of a particular audit or items in a

8-65     particular audit;

8-66                 (3)  the release of documents or information otherwise

8-67     available to the public;

8-68                 (4)  the release of documents or information concerning

8-69     the amount of royalty assessed as a result of an examination

 9-1     conducted under this subchapter or the release of other information

 9-2     which would have been properly included in reports required under

 9-3     Section 66.77;

 9-4                 (5)  sharing of documents or information among state

 9-5     agencies pursuant to Section 66.65.  Shared documents or

 9-6     information will remain confidential under this section; or

 9-7                 (6)  the release of documents or information authorized

 9-8     by the lessee.

 9-9           Sec. 66.82.  FORFEITURE; OTHER REMEDIES.  (a)  If a lessee

9-10     fails or refuses to perform a material requirement of this

9-11     subchapter or the lease, the board may, after notice to the lessee

9-12     and an opportunity to be heard, declare a forfeiture of the lease

9-13     or an interest in the lease.  Material requirements include but are

9-14     not limited to:

9-15                 (1)  failure or refusal to pay a sum due, including

9-16     penalty and interest, within 30 days after the sum becomes due;

9-17                 (2)  failure or refusal to tender oil or gas for

9-18     delivery as in-kind royalty;

9-19                 (3)  making a false report concerning exploration,

9-20     production, or royalty;

9-21                 (4)  failure or refusal to file an assignment as

9-22     required by this subchapter;

9-23                 (5)  failure or refusal, after demand, to file or make

9-24     available for inspection and copying a record or document required

9-25     to be filed or made available for inspection or copying under this

9-26     subchapter or rules promulgated thereunder;

9-27                 (6)  failure or refusal, after demand, to protect the

9-28     leased premises from drainage; or

9-29                 (7)  the breach of an obligation under the lease or

9-30     this subchapter.

9-31           (b)  Forfeiture is not the exclusive remedy.  The attorney

9-32     general, at the request of the board of regents, may bring suit for

9-33     damages or specific performance, or both, or other remedy, at law

9-34     or in equity.

9-35           Sec. 66.83.  LIEN; ABANDONED PERSONAL PROPERTY.  (a)  The

9-36     board of regents shall have a statutory first lien on oil and gas

9-37     produced from the area covered by the lease to secure payment of

9-38     all unpaid royalty and other sums of money that may become due

9-39     under the lease or this subchapter.

9-40           (b)  By acceptance of the lease, the lessee grants to the

9-41     board of regents an express contractual lien on and security

9-42     interest in all oil and gas in and extracted from the area covered

9-43     by the lease, all proceeds which may accrue to the lessee from the

9-44     sale of the oil and gas, whether the proceeds are held by the

9-45     lessee or another person, and all fixtures on and improvements to

9-46     the area covered by the lease used in connection with the

9-47     production or processing of the oil and gas to secure the payment

9-48     of royalties and other amounts due or to become due under the lease

9-49     or this subchapter and to secure payment of damages or loss that

9-50     the state may suffer by reason of the lessee's breach of a covenant

9-51     or condition of the lease, whether express or implied.

9-52           (c)  The statutory and contractual liens and security

9-53     interest described in this section may be foreclosed with or

9-54     without court proceedings in the manner provided under Chapter 9,

9-55     Business & Commerce Code.  The board of regents may require the

9-56     lessee to execute and record instruments reasonably necessary to

9-57     acknowledge, attach, or perfect the liens.

9-58           (d)  Personal property, including casing, equipment, and

9-59     fixtures remaining on lands covered by the lease more than one year

9-60     after the expiration or other termination of the lease shall be

9-61     considered to be abandoned.  The board of regents may take title to

9-62     abandoned personal property in any manner and keep or use the

9-63     proceeds for any purpose allowed by law.  The lessee shall pay to

9-64     the board of regents on demand the positive difference between the

9-65     cost of disposing of abandoned personal property and the proceeds,

9-66     if any, from the disposition.

9-67           Sec. 66.84.  PAYMENTS; DISPOSITION.  Payments under this

9-68     subchapter shall be made to the board of regents, which shall:

9-69                 (1)  transmit to the state comptroller for deposit to

 10-1    the credit of the permanent university fund all bonus, rental, and

 10-2    royalty payments;

 10-3                (2)  transmit to the state comptroller for deposit to

 10-4    the credit of the available university fund all filing, assignment,

 10-5    and relinquishment fees and all other payments except those

 10-6    described in Subdivision (3); and

 10-7                (3)  retain the one and one-half percent special fee

 10-8    provided for by this subchapter for disbursement by the comptroller

 10-9    of The University of Texas System for the purposes authorized by

10-10    this subchapter.

10-11          [Sec. 66.61.  DEFINITION.  As used in this subchapter,

10-12    "board" means the Board for Lease of University Lands.]

10-13          [Sec. 66.62.  BOARD FOR LEASE.  (a)  The Board for Lease of

10-14    University Lands is composed of the commissioner of the general

10-15    land office, two members of the board of regents of The University

10-16    of Texas System selected by the board of regents of that system,

10-17    and one member of the board of regents of The Texas A & M

10-18    University System selected by the board of regents of that system.

10-19    In the event that a regent member of the Board for Lease of

10-20    University Lands is unable to attend any meeting of that board, the

10-21    chairman of the board of regents of the applicable system shall

10-22    appoint another member of the board of regents as a substitute

10-23    member of the Board for Lease of University Lands to attend the

10-24    meeting that the regular regent member is unable to attend.  The

10-25    substitute regent member of the Board for Lease of University Lands

10-26    shall exercise all the powers, duties, and responsibilities of the

10-27    absent regent member during the conduct of the meeting for which he

10-28    was appointed.  Any substitute regent member of the Board for Lease

10-29    of University Lands is subject to the provisions of this

10-30    subchapter.]

10-31          [(b)  A regent member may not be directly or indirectly

10-32    employed by, or be an officer of or an attorney for, an oil or gas

10-33    company.]

10-34          [(c)  An officer, employee, or paid consultant of a trade

10-35    association in the oil and gas industry may not be a member or

10-36    employee of the board, nor may a person who cohabits with or is the

10-37    spouse of an officer, managerial employee, or paid consultant of a

10-38    trade association in the oil and gas industry be a member of the

10-39    board or an employee of the board grade 17 or over, including

10-40    exempt employees, according to the position classification schedule

10-41    under the General Appropriations Act.]

10-42          [(d)  A person who is required to register as a lobbyist

10-43    under Chapter 305, Government Code, by virtue of his activities for

10-44    compensation in or on behalf of a profession related to the

10-45    operation of the board, may not serve as a member of the board or

10-46    act as the general counsel to the board.]

10-47          [(e)  Members of the board, other than the Commissioner of

10-48    the General Land Office, serve two-year terms expiring February 1

10-49    of each odd-numbered year.]

10-50          [(f)  The Commissioner of the General Land Office serves as

10-51    chairman of the board.]

10-52          [(g)  Unless the action relates to the final approval of the

10-53    award of a lease on a form approved by a majority of the board in

10-54    accordance with procedures for awarding leases that have been

10-55    previously approved by a majority of the board, a majority of the

10-56    board members has the power to act for the board.  If the action

10-57    relates to the final approval of the award of a lease on a form

10-58    approved by a majority of the board in accordance with procedures

10-59    for awarding leases that have been previously approved by a

10-60    majority of the board, two board members present at a meeting have

10-61    the power to act for the board.]

10-62          [(h)  The  board  shall  perform the duties prescribed by

10-63    this subchapter and shall keep a public record of all its

10-64    proceedings.]

10-65          [(i)  It is a ground for removal from the board if a member:]

10-66                [(1)  does not have at the time of appointment the

10-67    qualifications required by Subsection (a) of this section for

10-68    appointment to the board;]

10-69                [(2)  does not maintain during the service on the board

 11-1    the qualifications required by Subsection (a) of this section for

 11-2    appointment to the board;]

 11-3                [(3)  violates a prohibition established by Subsection

 11-4    (c) or (d) of this section;]

 11-5                [(4)  is unable to discharge his duties for a

 11-6    substantial portion of the term for which he was appointed because

 11-7    of illness or disability; or]

 11-8                [(5)  is absent from more than one-half of the

 11-9    regularly scheduled board meetings which the member is eligible to

11-10    attend during each calendar year, except when the absence is

11-11    excused by majority vote of the board.]

11-12          [(j)  The validity of an action of the board is not affected

11-13    by the fact that it was taken when a ground for removal of a member

11-14    of the board existed.]

11-15          [(k)  If the agency head has knowledge that a potential

11-16    ground for removal exists, he shall notify the chairman of the

11-17    board of such ground.  The chairman of the board shall then notify

11-18    the governor that a potential ground for removal exists.]

11-19          [Sec. 66.63.  OIL AND GAS SUBJECT TO SALE.  The oil and gas

11-20    in the university lands are subject to sale under the regulations,

11-21    at the times, and on the terms provided in this subchapter, and

11-22    under the rules and regulations adopted by the board as authorized

11-23    by this subchapter, not inconsistent with the provisions of this

11-24    subchapter.]

11-25          [Sec. 66.64.  PLACING OIL AND GAS ON MARKET; PUBLIC AUCTION;

11-26    ADVERTISEMENT.  (a)  Whenever there is a demand for the purchase of

11-27    oil and gas in any university land that will reasonably insure that

11-28    the oil and gas may be sold advantageously, the board shall place

11-29    the oil and gas in the land on the market in separate tracts of

11-30    such area and extent as the board may determine most suitable for

11-31    profitable marketing; but in no event shall any tract  in  which

11-32    oil  and  gas is offered for as a unit exceed in area of 6,000

11-33    acres.]

11-34          [(b)  The sale of the oil and gas shall be made at public

11-35    auction or by sealed bid, or through a combination of public

11-36    auction and sealed bid, as the board elects.  The sales shall be

11-37    held in Austin, or any other location designated by the board, at

11-38    any hour between 10 a.m. and 5 p.m.]

11-39          [(c)  The board shall cause an advertisement to be made of

11-40    the sale in two or more newspapers of general circulation in this

11-41    state.  The advertisement shall state the method, time, and place

11-42    of sale; the primary term of the lease proposed to be executed

11-43    covering any sale; the bonus or royalty to be paid; that lists

11-44    describing the land to be sold may be obtained from the board; and

11-45    other matters that in the judgment of the board are deemed

11-46    advisable.  In addition to the foregoing mandatory provisions, the

11-47    board may cause the advertisement to be placed in oil and gas

11-48    journals in and out of the state and to be mailed generally to

11-49    persons it thinks might be interested.]

11-50          [Sec. 66.65.  ROYALTY; BONUS; ANNUAL RENTAL; SPECIAL FEE.

11-51    (a)  The oil and gas in each tract shall be offered for sale for a

11-52    bonus to be determined by high bid in addition to the stipulated

11-53    royalty or for a stipulated bonus and a royalty to be determined by

11-54    high bid.  Each tract shall be offered separately.]

11-55          [(b)  Each bid is subject to the royalty or bonus specified

11-56    in the official advertisement preceding the sale, but in no event

11-57    shall the royalty be less than one-eighth of the gross production

11-58    of oil and gas in the land; and shall further be subject to the

11-59    payment of an annual rental after the first year of not less than

11-60    10 cents per acre, payable each year in advance, unless the

11-61    royalties received from the land during the preceding year equal or

11-62    exceed the amount of the annual rental payment.]

11-63          [(c)  Each bid is also subject to the payment of a special

11-64    fee equal to one percent of the total bonus whether stipulated or

11-65    bid, which special payment shall constitute a special fund from

11-66    which the Board of Regents of The University of Texas System shall

11-67    defray the expenses of the sale, including the payment for the

11-68    services of the auctioneer crying the sale and the payment of the

11-69    general operating expenses in geologizing, oil field supervision,

 12-1    and auditing oil and gas production of university lands, including

 12-2    salaries and traveling expenses of persons employed by the board of

 12-3    regents for those purposes, and for the purpose of acquiring,

 12-4    constructing, and equipping a building in the city of Midland or

 12-5    adjacent area to house the administrative staff of the offices of

 12-6    University Lands, Geology and Land Agent, and such other related

 12-7    agencies necessary for the management and development of university

 12-8    lands in West Texas.]

 12-9          [(d)  The Board of Regents of The University of Texas System

12-10    may also direct the comptroller of The University of Texas System

12-11    to transmit to the state treasurer for deposit to the credit of the

12-12    permanent university fund any unexpended balances remaining in the

12-13    special fund after reserving a sufficient amount in it for the

12-14    payment of current expenses as set out in Subsection (c) of this

12-15    section.]

12-16          [(e)  The highest successful bidder shall pay to the Board of

12-17    Regents of The University of Texas System on the day the bid is

12-18    accepted the full amount of bonus whether stipulated or bid and the

12-19    special fee.]

12-20          [Sec. 66.66.  WITHDRAWAL OF LANDS BEFORE BIDS RECEIVED.  The

12-21    board may withdraw any lands advertised for lease before the hour

12-22    set for receiving bids.]

12-23          [Sec. 66.67.  AWARD OF LEASE.  (a)  If any one of the bidders

12-24    at the sale at public auction has offered a reasonable and proper

12-25    price for any tract offered, not less than the price fixed by the

12-26    board, the land advertised may be leased for oil and gas purposes

12-27    under the terms of this subchapter and any regulations the board

12-28    may prescribe, not inconsistent with the provisions of this

12-29    subchapter.  All bids may be rejected by the board.]

12-30          [(b)  If the board determines that a satisfactory bid has

12-31    been offered for the oil and gas, it shall make an award to the

12-32    bidder offering the highest price, and a lease shall be executed by

12-33    the commissioner of the general land office.  A duplicate copy of

12-34    the lease shall be filed in the general land office.]

12-35          [Sec. 66.68.  PROVISIONS OF LEASE.  (a)  Each lease executed

12-36    under this subchapter shall contain, and each valid and subsisting

12-37    oil and gas lease previously executed by the commissioner under the

12-38    source statute for this subchapter, on the application of the

12-39    lessee and payment of a sum of money equal to one year's annual

12-40    rental under the lease, shall be amended by written instrument to

12-41    contain, the provisions prescribed by this section.]

12-42          [(b)  Each lease shall provide that the primary term of the

12-43    lease, as determined by the board prior to the promulgation of the

12-44    advertisement, shall in no case exceed 10 years.]

12-45          [(c)  Each lease shall provide that if oil and/or gas is

12-46    being produced in paying quantities from the leased premises before

12-47    the termination of the primary term, such lease shall not terminate

12-48    but shall continue in force and effect as long as oil and/or gas is

12-49    being so produced.]

12-50          [(d)  Each lease shall provide that in the event production

12-51    of oil or gas on the leased premises, after once obtained, shall

12-52    cease for any cause within 60 days before the expiration of the

12-53    primary term of such lease or at any time or times thereafter, such

12-54    lease shall not terminate, if the lessee commences additional

12-55    drilling or reworking operations within 60 days thereafter, and

12-56    such lease shall remain in full force and effect so long as such

12-57    operations continue in good faith and in workmanlike manner,

12-58    without interruptions, totaling more than 60 days during any one

12-59    such operation; and if such drilling or reworking operations result

12-60    in the production of oil and/or gas, such lease shall remain in

12-61    full force and effect so long as oil or gas is produced therefrom

12-62    in paying quantities or payment of shut-in gas well royalty or

12-63    compensatory royalties is made as hereinafter provided in this

12-64    subchapter.]

12-65          [(e)  Each lease shall provide that if at the expiration of

12-66    the primary term or at any time thereafter there is located on the

12-67    leased premises a well or wells capable of producing oil or gas in

12-68    paying quantities and such oil or gas is not produced for lack of

12-69    suitable production facilities or a suitable market and such lease

 13-1    is not being otherwise maintained in force and effect, the lessee

 13-2    may pay as royalty $1,200 per annum for each well on the lease

 13-3    capable of producing oil or gas in paying quantities, such payment

 13-4    to be made to the Board of Regents of The University of Texas

 13-5    System at Austin, Texas.  Any shut-in oil or gas royalty must be

 13-6    paid on or before:  (1) the expiration of the primary term of the

 13-7    lease, (2) 60 days after lessee ceases to produce oil or gas from

 13-8    the leased premises, or (3) 60 days after lessee completes a

 13-9    drilling and reworking operation in accordance with the lease

13-10    provisions, whichever date is later.  If such payment is made, the

13-11    lease shall be considered to be a producing lease and such shut-in

13-12    royalty payment shall extend the term of the lease for a period of

13-13    one year from the end of the primary term or from the first day of

13-14    the month next succeeding the month in which production ceased; and

13-15    thereafter if no suitable production facilities or suitable market

13-16    for such oil or gas exists, the lessee may extend the lease for

13-17    four additional and successive periods of one year each by the

13-18    payment of a like sum of money each year on or before the

13-19    expiration of the extended term.  Provided, however, that if, while

13-20    such lease is being maintained in force and effect by payment of

13-21    such shut-in royalty, oil or gas should be sold and delivered in

13-22    paying quantities from a well situated within 1,000 feet of the

13-23    leased premises and completed in the same producing reservoir or in

13-24    any case where drainage is occurring, the right to further extend

13-25    the lease by such shut-in royalty payments shall cease, but such

13-26    lease shall remain in force and effect for the remainder of the

13-27    current one year period for which the shut-in royalty has been

13-28    paid, and for four additional and successive periods of one year

13-29    each by the payment by the lessee of compensatory royalty, at the

13-30    royalty rate provided for in such university lease of the value at

13-31    the well of production from the well which is causing the drainage

13-32    or which is completed in the same producing reservoir and within

13-33    1,000 feet of the leased premises; such compensatory royalty to be

13-34    paid monthly to the Board of Regents of The University of Texas

13-35    System at Austin, Texas, beginning on or before the last day of the

13-36    month next succeeding the month in which such oil or gas is sold

13-37    and delivered from the well situated within 1,000 feet of, or

13-38    draining, the leased premises and completed in the same producing

13-39    reservoir; provided further, that in the event such compensatory

13-40    royalties paid in any 12-month period are in a sum less than the

13-41    annual shut-in gas well royalties provided for in this section, the

13-42    lessee shall pay an additional sum equal to the difference within

13-43    30 days from the end of such 12-month period; provided further,

13-44    that nothing herein shall relieve the lessee of the obligation of

13-45    reasonable development, nor of the obligation to drill offset wells

13-46    required by Section 66.75 of this code.]

13-47          [(f)  Each lease shall provide that if, at the expiration of

13-48    the primary term, production of oil and/or gas has not been

13-49    obtained in paying quantities on the leased premises but drilling

13-50    operations are being conducted thereon in good faith and in good

13-51    and workmanlike manner, the lessee may, on or before the expiration

13-52    of the primary term, file with the Board of Regents of The

13-53    University of Texas System a written application for a 30-day

13-54    extension of such lease, such application to be accompanied by a

13-55    payment to the Board of Regents of The University of Texas System

13-56    of $7.50 per acre for each acre in the lease, and the Chairman of

13-57    the Board of Regents of The University of Texas System or a

13-58    designee appointed by the Chairman shall, in writing, extend such

13-59    lease for a 30-day period from and after the expiration of the

13-60    primary term and so long thereafter as oil or gas is produced in

13-61    paying quantities from the premises; provided further, that the

13-62    lessee may, so long as such drilling operations are being conducted

13-63    in good faith, make like application and payment during any 30-day

13-64    extended period for an additional extension of 30 days not to

13-65    exceed a combined total of 180 days; provided, however, lessee may,

13-66    so long as such drilling operations are being conducted in good

13-67    faith, make written application to the Board of Regents of The

13-68    University of Texas System on or before the expiration of the

13-69    initial extended period of 180 days for an additional extension of

 14-1    180 days, such application to be accompanied by a payment to the

 14-2    Board of Regents of The University of Texas System of $50 per acre

 14-3    for each acre in the lease, and the Chairman of the Board of

 14-4    Regents of The University of Texas System or a designee appointed

 14-5    by the Chairman shall, in writing, extend such lease for an

 14-6    additional 180-day period from and after the expiration of the

 14-7    initial extended period of 180 days, and so long thereafter as oil

 14-8    or gas is produced in paying quantities from the premises;

 14-9    provided, that no lease shall be extended under the provisions of

14-10    this section for more than a total of 360 days from and after the

14-11    expiration of the primary term unless production in paying

14-12    quantities has been obtained.]

14-13          [(g)  Each lease shall contain a provision enabling the

14-14    board, at its election, to require that payment of royalty as

14-15    stipulated in the lease be in kind.  Such option may be exercised

14-16    from time to time at the discretion of the board upon not less than

14-17    six months' notice to the lessee.  The board shall have all powers

14-18    necessary to negotiate and execute sales contracts or any other

14-19    instruments necessary for the disposition of any royalty taken in

14-20    kind.  Such other reasonable provisions, not inconsistent with this

14-21    subchapter, as will facilitate the efficient and equitable payment

14-22    of royalty in kind may be included in this lease by the board.]

14-23          [Sec. 66.69.  LEASE:  ADDITIONAL PROVISIONS.  Each oil and

14-24    gas lease issued on university lands under this subchapter shall

14-25    include any additional provisions and regulations, not inconsistent

14-26    with the provisions of this subchapter, that the board may

14-27    prescribe to preserve the interest of the state and safeguard the

14-28    university funds.]

14-29          [Sec. 66.70.  COMPENSATORY ROYALTIES IN LIEU OF OFFSET WELLS.

14-30    (a)  Subject to the provisions of this section, the commissioner of

14-31    the general land office may execute agreements on behalf of the

14-32    permanent university fund that provide for the payment by

14-33    university land oil and gas lessees of compensatory royalty in lieu

14-34    of drilling offset wells that may be required to protect a

14-35    university oil and gas lease from drainage from a well or wells

14-36    located on non-university lands or university lands leased at a

14-37    lesser royalty situated within 1,000 feet of or draining the

14-38    university-leased premises.]

14-39          [(b)  Agreements providing for the payment of compensatory

14-40    royalty must be approved by the board for lease of university

14-41    lands.]

14-42          [(c)  Any such agreement must be found by the commissioner

14-43    and the board for lease to be in the best interest of the state and

14-44    necessary to prevent economic waste.]

14-45          [(d)  Nothing in an agreement shall relieve the lessee of the

14-46    obligation of reasonable development or of the obligation to drill

14-47    offset wells as required by Section 66.75 of this code as to other

14-48    producing horizons.]

14-49          [(e)  Beginning on the date fixed in the agreement, the

14-50    lessee shall pay the compensatory royalty monthly to the Board of

14-51    Regents of The University of Texas System in Austin, Texas.]

14-52          [(f)  The agreement with respect to the interest of the state

14-53    shall remain in force and effect as long as oil and gas, or either

14-54    of them, is produced from a well located on university or

14-55    non-university acreage and draining the university-leased premises.]

14-56          [(g)  The agreement may contain other provisions the

14-57    commissioner and the board for lease deem necessary to protect the

14-58    interests of the permanent university fund.]

14-59          [(h)  The agreement shall provide that compensatory royalty

14-60    be paid at the royalty rate provided by the university lease and

14-61    shall provide that compensatory royalty be paid on the market value

14-62    at the well of production from the well located on non-university

14-63    lands or university lands leased at a lesser royalty situated

14-64    within 1,000 feet of or draining the university leased premises.]

14-65          [Sec. 66.71.  PRORATED OR REDUCED PRODUCTION CONTRACTS.

14-66    Whenever in the discretion of the board it is to the best interest

14-67    of the university and its permanent fund that production from any

14-68    lease for a limited period of time should be prorated or reduced,

14-69    the board may execute the necessary contract or contracts with the

 15-1    lessee or lessees and their assignees to effectuate the same and to

 15-2    carry out the intention of this subchapter.]

 15-3          [Sec. 66.72.  EXTENSION OF PRODUCING LEASE.  If oil or gas is

 15-4    discovered in paying quantities on any tract covered by a lease,

 15-5    then the lease as to that tract shall remain in force as long as

 15-6    oil and gas is produced in paying quantities from the tract,

 15-7    provided that the other provisions of this subchapter are complied

 15-8    with by the lessee.]

 15-9          [Sec. 66.73.  ASSIGNMENT; RELINQUISHMENT.  (a)  Any rights

15-10    acquired may be assigned; provided, however, in order for an

15-11    assignment to be valid and effective, the assignment must be filed

15-12    in the county or counties in which the area is situated, and a

15-13    legible copy of the recorded assignment must be filed with the

15-14    Board of Regents of The University of Texas System, accompanied by

15-15    a filing fee of $30 for each lease assigned.  If the copy of the

15-16    recorded assignment is filed with the Board of Regents of The

15-17    University of Texas System after the 90th day after the date on

15-18    which the assignment is recorded, the copy must be accompanied by

15-19    the filing fee set by the board and by a late fee equal to the

15-20    amount of the filing fee.]

15-21          [(b)  Any rights to any lease and to any assigned portion

15-22    thereof may be relinquished to the state at any time by having an

15-23    instrument of relinquishment recorded in the county or counties in

15-24    which the area relinquished is situated and an original certified

15-25    copy filed with the Board of Regents of The University of Texas

15-26    System, accompanied by $1 for each area relinquished and a filing

15-27    fee of $5 for each lease involved in the relinquishment.]

15-28          [(c)  Such an assignment or relinquishment shall not relieve

15-29    the lease owner of any past due obligation theretofore accrued

15-30    thereon.]

15-31          [Sec. 66.74.  ROYALTY PAYMENTS; INSPECTION OF RECORDS.

15-32    (a)  Royalty as stipulated in the sale shall be paid to the Board

15-33    of Regents of The University of Texas System at Austin, Texas, for

15-34    the benefit of the university permanent fund as provided in this

15-35    section.]

15-36                [(1)  The board shall set by rule the date for making

15-37    royalty payments and for filing any reports, documents or other

15-38    records required to be filed by this section.  However, the board

15-39    may not set the due date for royalty on oil before the fifth day of

15-40    the second month succeeding the month of production, and may not

15-41    set the due date for royalty on gas before the 15th day of the

15-42    second month succeeding the month of production.]

15-43                [(2)  Royalty payments shall be accompanied by:]

15-44                      [(a)  an affidavit of the owner, manager, or

15-45    other authorized agent completed in the form and manner required by

15-46    the Board of Regents of The University of Texas System and showing

15-47    the gross amount and disposition of all oil and gas produced and

15-48    the market value of the oil and gas;]

15-49                      [(b)  a copy of all documents, records, or

15-50    reports confirming the gross production, disposition, and market

15-51    value, including gas meter readings, pipeline receipts, gas line

15-52    receipts, and other checks or memoranda of amount produced and put

15-53    into pipelines, tanks, pools, and gas lines or gas storage;]

15-54                      [(c)  a check stub, schedule, summary, or other

15-55    remittance advice showing by the assigned general land office lease

15-56    number the amount of royalty being paid on each lease; and]

15-57                      [(d)  other reports or records that the Board of

15-58    Regents of The University of Texas System may require to verify the

15-59    gross production, disposition, and market value.]

15-60                [(3)  The lessee has the responsibility for paying

15-61    royalties or having royalties paid by the date provided for payment

15-62    in this section.]

15-63                [(4)  If any royalty is not paid when due, a penalty of

15-64    one percent shall be added to the unpaid amount due.  If the

15-65    royalty is not paid within seven days after the due date, a penalty

15-66    of an additional four percent of the royalty due is imposed.  If

15-67    the royalty is not paid within 30 days after the due date, a

15-68    penalty of an additional five percent is imposed.  The minimum

15-69    penalty under this subdivision is $25.  Penalty under this

 16-1    subdivision may not be added in cases of title dispute as to the

 16-2    state's portion of the royalty or to that portion of the royalty in

 16-3    dispute as to fair market value.  Except as provided in Subsection

 16-4    (g), Section 66.68 of this code, royalty payments shall be made in

 16-5    cash, by a bank draft drawn on a state or national bank in Texas,

 16-6    by a post-office or express money order, or in any other form that

 16-7    the law may provide for making payments to the State Treasury and

 16-8    are payable to the Board of Regents of The University of Texas

 16-9    System.]

16-10                [(5)  Copies of contracts for the sale or processing of

16-11    gas and subsequent agreements and amendments to those contracts

16-12    shall be filed with the Board of Regents of The University of Texas

16-13    System within 30 days after the contracts, agreements, or

16-14    amendments are made.  These contracts and agreements received by

16-15    the Board of Regents of The University of Texas System shall be

16-16    held in confidence by the Board of Regents of The University of

16-17    Texas System unless otherwise authorized by the lessee.]

16-18                [(6)  Interest shall accrue on delinquent royalties

16-19    beginning 60 days after the due date.  The annual interest rate on

16-20    delinquent royalties is 12 percent.  Interest accrued under this

16-21    subdivision shall be in addition to any delinquency penalty accrued

16-22    under Subdivision (4) of this subsection.]

16-23                [(7)  The Board of Regents of The University of Texas

16-24    shall add a penalty of 25 percent to any delinquent royalties if

16-25    the delinquency is due to fraud or an intent to evade the

16-26    provisions of this subchapter on the part of the lessee or his

16-27    agents, employees, or assignees.]

16-28                [(8)  If any report, affidavit, supporting document, or

16-29    any other instrument required to be filed under this subsection is

16-30    not filed when due, a penalty accrues in the amount of $10 per

16-31    document or a higher amount established by the Board of Regents of

16-32    The University of Texas, for each 30-day period of delinquency or

16-33    fractional part of that period.]

16-34                [(9)  Collection of penalty and interest charges under

16-35    this subsection are in addition to any rights, including

16-36    forfeiture, that the board may exercise for failure to pay a

16-37    royalty or to submit a report or other instrument when due.]

16-38          [(b)  The books and accounts, receipt and discharges of all

16-39    wells, tanks, pools, meters, pipelines, and all contracts and other

16-40    records pertaining to the production, transportation, sale, and

16-41    marketing of the oil and gas shall at all times be subject to

16-42    inspection and examination by the commissioner of the general land

16-43    office, the attorney general, the governor, or any member of the

16-44    board of regents, or the representative of either.]

16-45          [(c)  For purposes of Section 66.74(a)(3) of this code, a

16-46    royalty payment is timely made if, before the applicable due date,

16-47    the payment is deposited in a postpaid, properly addressed wrapper,

16-48    with a post office or official depository under the care and

16-49    custody of the United States Postal Service.]

16-50          [Sec. 66.75.  PROTECTION FROM DRAINAGE.  In every case where

16-51    the area in which the oil and gas sold shall be contiguous or

16-52    adjacent to land not university land, the acceptance of the bid and

16-53    the sale made thereby shall constitute an obligation on the lessee

16-54    to adequately protect the land leased from drainage from adjacent

16-55    lands.  In cases where the area in which the oil and gas is sold is

16-56    contiguous to other university lands leased or sold, at a lesser

16-57    royalty, the lessee shall likewise protect the state from drainage

16-58    from the land so leased or sold for a lesser royalty.  On failure

16-59    to protect the land from drainage, the sale and all rights

16-60    thereunder may be forfeited by the board in the manner provided in

16-61    this subchapter for forfeitures.]

16-62          [Sec. 66.76.  FORFEITURE; OTHER REMEDIES; LIEN.  (a)  If the

16-63    owner of the rights acquired under this subchapter fails or refuses

16-64    to make the payment of any sum due thereon, either as rental or

16-65    royalty on the production, within 30 days after same becomes due,

16-66    or if the owner or his authorized agent makes any false return or

16-67    false report concerning production, royalty, or drilling, or if the

16-68    owner fails or refuses to drill any offset well or wells in good

16-69    faith, as required by his lease, or if the owner or his agent

 17-1    refuses the proper authority access to the records and other data

 17-2    pertaining to the operations under this subchapter, or if the owner

 17-3    or his authorized agent fails or refuses to give correct

 17-4    information to the proper authorities, or fails or refuses to

 17-5    furnish the log of any well within 30 days after production is

 17-6    found in paying quantities, or if any of the material terms of the

 17-7    lease are violated, the lease is subject to forfeiture by the board

 17-8    by an order entered upon the minutes of the board reciting the

 17-9    facts constituting the default and declaring the forfeiture.]

17-10          [(b)  The board may have suit instituted for forfeiture

17-11    through the attorney general.]

17-12          [(c)  On proper showing by the forfeiting owner, within 30

17-13    days after the declaration of forfeiture, the lease may, at the

17-14    discretion of the board and on such terms as it may prescribe, be

17-15    reinstated.]

17-16          [(d)  In case of violation by the owner of the lease

17-17    contract, the remedy of the state by forfeiture is not the

17-18    exclusive remedy, but suit for damages or specific performance, or

17-19    both, may be instituted.]

17-20          [(e)  The state shall have a first lien upon all oil and gas

17-21    produced upon the leased area and upon all rigs, tanks, pipeline,

17-22    telephone lines, and machinery and appliances used in the

17-23    production and handling of oil and gas produced thereon, to secure

17-24    any amount due from the owner of the lease.]

17-25          [Sec. 66.77.  FILING OF RECORDS.  All surveys, files,

17-26    records, copies of lease contracts, and all other records

17-27    pertaining to the leases hereby authorized, shall be filed in the

17-28    general land office and constitute archives thereof and copies of

17-29    any such documents shall also be filed with the Board of Regents of

17-30    The University of Texas System.  All existing documents now on file

17-31    in the general land office shall be transferred by copies to the

17-32    Board of Regents of The University of Texas System.]

17-33          [Sec. 66.78.  PAYMENTS; DISPOSITION.  Payments under this

17-34    subchapter shall be made to the Board of Regents of The University

17-35    of Texas System at Austin, Texas, who shall:]

17-36                [(1)  transmit to the state treasurer for deposit to

17-37    the credit of the permanent university fund all bonus, rental, and

17-38    royalty payments;]

17-39                [(2)  transmit to the state treasurer for deposit to

17-40    the credit of the available university fund all filing, assignment,

17-41    and relinquishment fees, and all other payments except those

17-42    described in Subdivision (3) of this section; and]

17-43                [(3)  retain the one percent fee payment prescribed by

17-44    Section 66.65(c) of this code, for disbursement by the comptroller

17-45    of The University of Texas System for the purposes authorized by

17-46    Section 66.65(c) of this code.]

17-47          [Sec. 66.79.  FORMS; CONTRACTS; REGULATIONS.  The board shall

17-48    adopt forms and contracts and shall promulgate rules and

17-49    regulations, not inconsistent with the terms of this subchapter,

17-50    that in its judgment will best effectuate the purpose of this

17-51    subchapter and will best protect the university, its lands, and the

17-52    income from the lands.]

17-53          [Sec. 66.80.  EXPENSES OF EXECUTING THIS SUBCHAPTER.  The

17-54    expenses of executing the provisions of this subchapter shall be

17-55    paid monthly by warrants drawn by the comptroller on the state

17-56    treasury.]

17-57          [Sec. 66.81.  FINANCIAL REPORT REQUIRED.  The board shall

17-58    file annually with the governor and the presiding officer of each

17-59    house of the legislature a complete and detailed written report

17-60    accounting for all funds received and disbursed by the board during

17-61    the preceding year.  The form of the annual report shall be that

17-62    provided in the General Appropriations Act.  The report shall be

17-63    distributed with the report required by Section 66.05 of this code.]

17-64          [Sec. 66.82.  AUDIT.  The financial transactions of the board

17-65    are subject to audit by the state auditor in accordance with

17-66    Chapter 321, Government Code.]

17-67          [Sec. 66.83.  POLICIES ON PUBLIC HEARINGS.  The board shall

17-68    develop and implement policies which will provide the public with a

17-69    reasonable opportunity to appear before the board and to speak on

 18-1    any issue under the jurisdiction of the board.]

 18-2          [Sec. 66.84.  MARGINAL PROPERTY ROYALTY RATES.  (a)  In this

 18-3    section:]

 18-4                [(1)  "Barrel of oil equivalent" means 6,000 cubic feet

 18-5    of natural gas per 42-gallon barrel of crude oil or a volume of gas

 18-6    with a minimum heating value of 6,000,000 British thermal units

 18-7    (6,000 Mbtu), whichever is greater.]

 18-8                [(2)  "Lease" or "leases" means an oil and gas lease

 18-9    issued or approved by the state that is valid and in force on or

18-10    after the effective date of this section.]

18-11                [(3)  "Qualifying property" means land subject to a

18-12    lease issued under this subchapter.]

18-13                [(4)  "Qualifying reservoir" means a reservoir having

18-14    an average daily per well production equal to or less than 15

18-15    barrels of oil equivalent during a period established by the board

18-16    by rule and underlying either:]

18-17                      [(A)  a qualifying property; or]

18-18                      [(B)  a pooled unit including a qualifying

18-19    property.]

18-20                [(5)  "Reservoir" has the same meaning as "common

18-21    reservoir" as defined in Section 86.002, Natural Resources Code.]

18-22          [(b)  The board may provide by rule that the royalty rate for

18-23    qualifying reservoirs may be reduced to not less than one-sixteenth

18-24    (6.25 percent).  In determining whether to grant a reduction in the

18-25    royalty rate, the board may consider whether the qualifying

18-26    property is being operated efficiently, including whether the

18-27    property is pooled or has reasonable potential for the application

18-28    of secondary or tertiary recovery techniques.]

18-29          [(c)  If a qualifying reservoir for which royalty rate

18-30    reduction is sought under this section is included in a unit

18-31    subject to the authority of the board, the board may modify the

18-32    terms and conditions of the unit as a condition of approving a

18-33    reduction in the royalty rate.]

18-34          SECTION 2.  Subsection (d), Section 52.131, Natural Resources

18-35    Code, is amended to read as follows:

18-36          (d)  The lessee has the responsibility for paying royalties

18-37    or having royalties paid by the date provided for payment in this

18-38    section.  The commissioner may require the lessee and a person with

18-39    whom the lessee deals, including an affiliate, in connection with

18-40    the production, transportation, marketing, treatment, processing,

18-41    or sale of oil and gas, to provide reports or other information as

18-42    the commissioner may consider necessary to determine that royalty

18-43    has been correctly paid.  For purposes of this subsection,

18-44    "affiliate" includes the parent company or a subsidiary company, a

18-45    corporation having common ownership with another of 10 percent or

18-46    greater, a partner or joint venturer with a company with respect to

18-47    a business subject to this subchapter, or a relative within the

18-48    second degree of consanguinity or affinity.  For purposes of this

18-49    subsection, affiliates of a common entity are also affiliates of

18-50    each other.

18-51          SECTION 3.  Subsection (a), Section 52.135, Natural Resources

18-52    Code, is amended to read as follows:

18-53          (a)  The books and accounts, receipts, and discharges of all

18-54    wells [lines], tanks, pools, [and] meters, and pipelines, and all

18-55    contracts and other records pertaining directly or indirectly

18-56    [relating] to the production, transportation, sale, treatment,

18-57    processing, or [and] marketing of [the] oil and gas from lands

18-58    subject to this chapter, or relevant to establishing the volume or

18-59    value of such production, whether such records are held by or are

18-60    in the possession of the lessee or a third party dealing with the

18-61    lessee, shall at all times be [are] subject [at any time] to

18-62    inspection and copying [examination] by the commissioner, [and] the

18-63    attorney general, the [and] governor, or the representative of any

18-64    of them.  The commissioner may, if necessary, compel the production

18-65    of such records by subpoena enforceable throughout the state [their

18-66    representatives].

18-67          SECTION 4.  Section 52.136, Natural Resources Code, is

18-68    amended to read as follows:

18-69          Sec. 52.136.  LIEN.  (a)  The state has a statutory first

 19-1    lien on all oil and gas produced on any lease area to secure

 19-2    payment of unpaid royalty and other amounts due.

 19-3          (b)  By acceptance of a lease, the lessee grants to the state

 19-4    an express contractual lien on and security interest in all oil and

 19-5    gas in and extracted from the area covered by the lease, all

 19-6    proceeds which may accrue to the lessee from the sale of the oil

 19-7    and gas, whether the proceeds are held by the lessee or another

 19-8    person, and all fixtures on and improvements to the area covered by

 19-9    the lease used in connection with the production or processing of

19-10    the oil and gas, to secure the payment of royalties and other

19-11    amounts due or to become due under the lease or this subchapter and

19-12    to secure payment of damages or loss that the state may suffer by

19-13    reason of the lessee's breach of a covenant or condition of the

19-14    lease, whether express or implied.

19-15          (c)  The statutory and contractual liens and security

19-16    interests described in this section may be foreclosed with or

19-17    without court proceedings in the manner provided under Chapter 9,

19-18    Business & Commerce Code.  The state may require the lessee to

19-19    execute and record instruments reasonably necessary to acknowledge,

19-20    attach, or perfect the liens.

19-21          SECTION 5.  Changes made by this Act to Sections 52.131(d),

19-22    52.135(a), and 52.136, Natural Resources Code, relate to the

19-23    administration of leases and, to the extent these changes do not

19-24    conflict with existing contractual rights, these changes in law

19-25    will apply to existing and future leases.

19-26          SECTION 6.  Sections 52.291, 52.292, 52.293, 52.294, 52.295,

19-27    and 52.296, Natural Resources Code, are repealed.

19-28          SECTION 7.  The terms of any oil and gas lease executed

19-29    before the effective date of this Act that impose the requirements

19-30    of Sections 52.291 through 52.296, Natural Resources Code, are of

19-31    no force and effect.

19-32          SECTION 8.  The changes in law made by this Act to Sections

19-33    66.66, 66.67, 66.69, 66.71, 66.72, 66.73, and 66.76(c), Education

19-34    Code, apply only to leases awarded on or after January 1, 1998,

19-35    except as provided by Section 66.70, Education Code.  Leases

19-36    awarded prior to that date shall be governed by the law in effect

19-37    when the lease was issued and the former law is continued in effect

19-38    for that purpose.  Changes in law made by this Act to Sections

19-39    66.65, 66.70, 66.74, 66.75, 66.76(a), (b), and (d), 66.77, 66.78,

19-40    66.79, 66.80, 66.81, 66.82, and 66.83, Education Code, relate to

19-41    the administration of leases and, to the extent that these changes

19-42    do not conflict with existing contractual rights, these changes in

19-43    law will apply to existing and future leases.

19-44          SECTION 9.  This Act takes effect January 1, 1998.

19-45          SECTION 10.  The importance of this legislation and the

19-46    crowded condition of the calendars in both houses create an

19-47    emergency and an imperative public necessity that the

19-48    constitutional rule requiring bills to be read on three several

19-49    days in each house be suspended, and this rule is hereby suspended.

19-50                                 * * * * *