|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the state's statutory and contractual liens to secure |
|
the payment of unpaid royalty and other amounts due under oil and |
|
gas leases of state land. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 52.136, Natural Resources Code, is |
|
amended by amending Subsection (b) and adding Subsections (b-1), |
|
(b-2), (b-3), and (d) to read as follows: |
|
(b) By acceptance of a lease, the lessee grants to the state |
|
an express contractual lien on and security interest in all oil and |
|
gas in and extracted from the area covered by the lease, all |
|
proceeds which may accrue to the lessee from the sale of the oil and |
|
gas extracted from the area covered by the lease or from the area |
|
covered by any other lease of state land or minerals held by the |
|
lessee, whether the proceeds are held by the lessee or another |
|
person, and all fixtures on and improvements to the area covered by |
|
the lease used in connection with the production or processing of |
|
the oil and gas, to secure the payment of royalties and other |
|
amounts due or to become due under the lease or this subchapter and |
|
to secure payment of damages or loss that the state may suffer by |
|
reason of the lessee's breach of a covenant or condition of the |
|
lease or of another lease of state land or minerals held by the |
|
lessee, whether express or implied. |
|
(b-1) The commissioner shall determine whether to foreclose |
|
a lien established by Subsection (b) securing the payment of |
|
royalties and other amounts due or to become due under a lease or |
|
this subchapter and securing payment of damages or loss that the |
|
state may suffer by reason of the lessee's breach of a convenant or |
|
condition of the lease, whether express or implied, including the |
|
lien on all proceeds which may accrue to the lessee from the sale of |
|
the oil and gas extracted from the area covered by any other lease |
|
of state land or minerals held by the lessee. |
|
(b-2) The commissioner shall determine the amount of a lien |
|
established by Subsection (b). The amount shall be based on the |
|
final audit billing notice, or similar order or notice, sent to the |
|
lessee and any penalty and interest that may have accrued after the |
|
date the final billing notice, or similar order or notice, was sent. |
|
(b-3) The commissioner may adjust the amount of a lien |
|
established by Subsection (b) to account for the lessee's |
|
proportionate ownership interest in the lease. |
|
(d) The commissioner may temporarily suspend enforcement of |
|
a lien established by Subsection (b) if the commissioner determines |
|
that, because of extenuating circumstances beyond the control of |
|
the lessee, the lessee did not receive payment from the first |
|
purchaser of the oil or gas produced from the lease area. |
|
SECTION 2. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |