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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the management, sale, or lease of |
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certain state-owned real property and the management or collection |
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of related funds, including disputed oil and gas royalties owed to |
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the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.1573(d), Natural Resources Code, is |
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amended to read as follows: |
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(d) The grant of an interest in real property owned by the |
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state under this section must: |
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(1) comply with the requirements of Section 31.158 to |
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the extent the requirements do not conflict with a recommendation |
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in the governor's report under Section 31.1571; and |
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(2) be conveyed by an instrument signed by the |
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commissioner and, if the transaction was conducted under Section |
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31.158(c)(7) [governor's approval is required], by the governor. |
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SECTION 2. Section 31.167(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The special board of review must file a copy of the |
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development plan in the deed records of the county in which the real |
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property is located. Revisions to the development plan are |
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governed by local development policies and procedures if the |
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revisions [that] are requested after the later of: |
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(1) the 10th anniversary of the date on which the |
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development plan was promulgated by the special board of review; or |
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(2) the date on which the state no longer holds a |
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financial or property interest in the real property subject to the |
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plan [are governed by local development policies and procedures]. |
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SECTION 3. Section 32.106, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 32.106. DESCRIPTION OF LAND. The description of |
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public school land offered for sale, lease, or commitment to a |
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contract for development shall be in accord with the description |
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which may be found in the School Land Registry or other records in |
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the land office. |
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SECTION 4. Section 33.136(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) Within 30 days after the date the commissioner approves |
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a coastal boundary survey under this section, the commissioner |
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shall provide notice of that approval by: |
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(1) publication in the Texas Register; |
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(2) publication for two consecutive weeks on the |
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Internet website of the land office [in a newspaper of general
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circulation in the county or counties in which the land depicted in
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the survey is located]; and |
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(3) filing a copy of the approval in the archives and |
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records division of the land office. |
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SECTION 5. Subchapter C, Chapter 51, Natural Resources |
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Code, is amended by adding Section 51.068 to read as follows: |
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Sec. 51.068. FUND ACCOUNTS. (a) Payments of principal, |
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interest, and lease rental shall be accounted for in a similar form |
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but separate from first payments on land. |
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(b) The comptroller shall deposit 90 percent of the payments |
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on land received each month to the probable fund to which the |
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payments belong as indicated by the commissioner and shall hold the |
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remaining 10 percent of the payments in the suspense account until |
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the comptroller receives notice from the commissioner indicating |
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the proper fund for the payments. After notice is received, the |
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comptroller shall credit the full amount to the proper fund. |
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(c) The commissioner and comptroller shall keep an account |
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with each fund according to advices given by them and shall retain |
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the advices as permanent records. |
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SECTION 6. Section 51.3021(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) The notice required by Subsection (b) [of this section] |
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must be given: |
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(1) by service in person or by registered or certified |
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mail, return receipt requested; or |
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(2) if personal service cannot be obtained or the |
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address of the person responsible is unknown, by posting a copy of |
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the notice on the facility or structure and by publishing notice on |
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the Internet website of the land office and in the Texas Register |
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for [in a newspaper with general circulation in the county in which
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the facility or structure is located two times within] 10 |
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consecutive days. |
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SECTION 7. The heading to Section 52.137, Natural Resources |
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Code, is amended to read as follows: |
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Sec. 52.137. SUIT AFTER PROTEST [PAYMENT]. |
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SECTION 8. Sections 52.137(a) and (c), Natural Resources |
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Code, are amended to read as follows: |
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(a) If a lessee, who has received an audit deficiency |
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assessment and has waived the right to request a hearing before the |
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commissioner or who is required by final order of the commissioner |
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following a hearing to pay additional royalties, contends that such |
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audit deficiency assessment is unlawful or that the commissioner |
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may not legally demand or collect such royalties, and the lessee |
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[shall pay to the commissioner the amount claimed by the
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commissioner, and if the lessee] intends to bring suit under this |
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section, the lessee must submit [with the payment] a protest in |
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writing stating fully and in detail each reason why it contends such |
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royalty is not due. Such protest [payment] shall be made to the |
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commissioner within 30 days of the date of receipt of the audit |
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billing notice or of the date of receipt of the final order of the |
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commissioner following a hearing, as the case may be. All such |
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mailings shall be by certified mail, return receipt requested. |
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(c) [A suit may be brought under this section against the
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commissioner to recover the payment under protest.] A suit under |
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this section is barred unless brought in the district courts of |
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Travis County within 90 days after the date of the protest [payment] |
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or within 90 days after the date of the final order of the |
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commissioner following hearing, whichever is later. |
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SECTION 9. Section 52.139(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) If an audit billing notice has been issued under Section |
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52.135 and any outstanding audit deficiency assessment has been |
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paid either: |
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(1) voluntarily; |
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(2) after a hearing was requested and the commissioner |
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has entered a final non-appealable order concerning the assessment; |
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or |
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(3) after a final non-appealable judgment has been |
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rendered by a court after [payment of an audit assessment under
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protest and] filing of a suit [for refund] under Section 52.137 [of
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this code], then the commissioner may not issue another deficiency |
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assessment which covers the same issues, time periods, and leases |
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as those covered by the previous assessment. |
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SECTION 10. The following provisions of the Natural |
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Resources Code are repealed: |
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(1) Section 32.102; |
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(2) Section 52.137(b); and |
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(3) Section 52.138. |
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SECTION 11. The changes in law made by Sections 52.137 and |
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52.139(a), Natural Resources Code, as amended by this Act, and by |
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the repeal of Section 52.138, Natural Resources Code, apply only to |
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an audit billing notice or a final commissioner's order, as |
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applicable, received by a lessee on or after the effective date of |
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this Act. An audit billing notice or a final commissioner's order, |
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as applicable, received by a lessee before the effective date of |
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this Act is governed by the law in effect on the date the notice or |
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order was received, and the former law is continued in effect for |
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that purpose. |
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SECTION 12. This Act takes effect September 1, 2015. |