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A BILL TO BE ENTITLED
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AN ACT
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relating to the mineral use of land that has been subdivided for |
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energy development resulting in the generation of electricity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.002, Natural Resources Code, is |
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amended by adding Subdivision (5) to read as follows: |
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(5) "Qualified subdivision for energy development" |
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means a tract of land of not more than 640 acres that: |
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(A) has been subdivided in a manner authorized by |
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law by the surface owners for energy development resulting in the |
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generation of electricity by a plant or industrial facility; and |
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(B) contains one or more operations sites within |
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the tract and provisions for road and pipeline easements to allow |
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use of the operations sites. |
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SECTION 2. Section 92.003, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 92.003. CREATION OF SUBDIVISION. The surface owners |
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of a parcel of land may create a qualified subdivision or a |
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qualified subdivision for energy development on the land if a plat |
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of the subdivision has been approved by the railroad commission and |
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filed with the clerk of the county in which the subdivision is to be |
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located. |
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SECTION 3. Section 92.004(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The railroad commission shall adopt rules governing the |
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contents of an application for a qualified subdivision or a |
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qualified subdivision for energy development. An application must |
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be accompanied by a plat of the subdivision showing the applicant's |
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proposed location of operations sites and road and pipeline |
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easements. |
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SECTION 4. Section 92.005, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a |
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possessory mineral interest within a qualified subdivision or a |
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qualified subdivision for energy development may use only the |
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surface contained in designated operations sites for exploration, |
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development, and production of minerals and the designated |
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easements only as necessary to adequately use the operations sites. |
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(b) The owner of the possessory mineral interest may drill |
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wells or extend well bores from an operations site or from a site |
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outside of the qualified subdivision or qualified subdivision for |
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energy development under the surface of other parts of the |
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qualified subdivision or qualified subdivision for energy |
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development if the operations do not unreasonably interfere with |
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the use of the surface of the qualified subdivision or qualified |
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subdivision for energy development outside the operations site. |
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(c) This section ceases to apply to a qualified subdivision |
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if, by the third anniversary of the date on which the order of the |
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commission becomes final: |
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(1) the surface owner has not commenced actual |
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construction of roads or utilities within the qualified |
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subdivision; and |
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(2) a lot within the qualified subdivision has not |
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been sold to a third party. |
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(d) This section ceases to apply to a qualified subdivision |
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for energy development if, by the third anniversary of the date on |
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which the order of the commission becomes final, the surface owner |
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has not commenced actual construction of roads or facilities for |
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use in generating electricity within the qualified subdivision for |
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energy development. |
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SECTION 5. Section 92.006, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any |
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portion of a qualified subdivision or qualified subdivision for |
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energy development may be amended, replatted, or abandoned by the |
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surface owner. An amendment or replat, however, may not alter, |
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diminish, or impair the usefulness of an operations site or |
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appurtenant road or pipeline easement unless the amendment or |
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replat is approved by the commission in accordance with Section |
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92.003 [of this code]. |
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SECTION 6. Not later than January 1, 2018, the Railroad |
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Commission of Texas shall adopt rules necessary to implement |
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Chapter 92, Natural Resources Code, as amended by this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |