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A BILL TO BE ENTITLED
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AN ACT
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relating to the state's statutory and contractual liens to secure |
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the payment of unpaid royalty and other amounts due under oil and |
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gas leases of state land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.136, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) By acceptance of a lease, the lessee grants to the state |
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an express contractual lien on and security interest in all oil and |
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gas in and extracted from the area covered by the lease, all |
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proceeds which may accrue to the lessee from the sale of the oil and |
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gas extracted from the area covered by the lease or from the area |
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covered by any other lease of state land or minerals held by the |
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lessee, whether the proceeds are held by the lessee or another |
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person, and all fixtures on and improvements to the area covered by |
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the lease used in connection with the production or processing of |
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the oil and gas, to secure the payment of royalties and other |
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amounts due or to become due under the lease or this subchapter and |
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to secure payment of damages or loss that the state may suffer by |
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reason of the lessee's breach of a covenant or condition of the |
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lease or of another lease of state land or minerals held by the |
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lessee, whether express or implied. |
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(d) The commissioner may temporarily suspend enforcement of |
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a lien established by Subsection (b) if the commissioner determines |
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that, because of extenuating circumstances beyond the control of |
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the lessee, the lessee did not receive payment from the first |
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purchaser of the oil or gas produced from the lease area. |
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SECTION 2. This Act takes effect September 1, 2009. |