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A BILL TO BE ENTITLED
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AN ACT
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relating to the allocation and use of payments received under oil |
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and gas leases of land owned by the state for a county road. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 32.201, Natural Resources |
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Code, is amended to read as follows: |
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Sec. 32.201. PREFERENTIAL RIGHT TO LEASE CERTAIN LAND BY |
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ADJOINING MINERAL OWNER; ALLOCATION AND USE OF PAYMENTS RECEIVED |
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FROM LEASING OF LAND OWNED FOR COUNTY ROAD. |
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SECTION 2. Section 32.201, Natural Resources Code, is |
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amended by adding Subsections (i) and (j) to read as follows: |
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(i) Subject to Subsection (j), any payment received from the |
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leasing of oil and gas under lands owned by the state that were or |
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may be acquired by a county to construct a county road shall be |
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deposited to the credit of the county road oil and gas fund as |
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provided by Section 32.2015. |
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(j) Notwithstanding any other provision of law, a lease of |
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oil and gas under land described by Subsection (i) that is entered |
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into on or after September 1, 2017, must require any payment under |
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the lease to be made directly to the county treasurer, or officer |
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performing the function of that office, in the county in which the |
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land is located, as determined by the commissioner and described in |
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the lease, for deposit to the credit of the county road and bridge |
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fund of the county to be used for the purposes described by Section |
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32.2015(d). A lessee's obligation to make a payment under this |
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subsection is satisfied by making that payment to the county |
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described in the lease. This subsection does not create a cause of |
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action for a county to pursue remedies under a lease described by |
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this subsection, and a county is not considered to be a party to |
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such a lease for the purpose of asserting a right granted by the |
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lease or under this subsection. |
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SECTION 3. Subchapter F, Chapter 32, Natural Resources |
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Code, is amended by adding Section 32.2015 to read as follows: |
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Sec. 32.2015. FUND. (a) The county road oil and gas fund is |
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a trust fund outside the state treasury to be held and administered |
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by the comptroller as trustee for the payment, without |
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appropriation, to counties of money received from the leasing of |
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oil and gas under lands owned by the state that were or may be |
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acquired by a county to construct a county road. |
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(b) The land office shall deposit to the credit of the fund |
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money received under Section 32.201(i) from the leasing of oil and |
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gas under lands owned by the state that were or may be acquired by a |
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county to construct a county road. |
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(c) Interest or other income from investment of the fund |
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shall be deposited to the credit of the fund. |
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(d) Money in the fund received from the leasing of oil and |
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gas under lands described by Subsection (b) located in a county, |
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together with the interest or other income from investment of that |
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money deposited to the credit of the fund, shall be disbursed at |
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least twice each fiscal year, without appropriation, to the county |
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treasurer or officer performing the function of that office. The |
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county treasurer or officer shall deposit amounts received under |
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this subsection to the credit of the county road and bridge fund of |
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the county. Money deposited to the credit of that fund under this |
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subsection may be used by the county only for road maintenance |
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purposes. |
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SECTION 4. Section 52.025, Natural Resources Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2017. |
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