reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.015. Bid to Lease

Sec. 52.015.  BID TO LEASE.  (a)  To apply to lease a tract, a bidder must submit a separate bid for each separate tract to be leased.
(b)  A bid must include a completed application to lease form, a payment to the commissioner in the amount of the actual bonus bid or set, and a separate payment to the commissioner in the amount of the special fee provided by Section 52.016 of this code.
(c)  A bid must be delivered to the land office on or before the date and time the board advertises that the bids will be opened.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 17, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.016. Special Fee

Sec. 52.016.  SPECIAL FEE.  Each bidder on a lease under this subchapter shall remit by separate check a special sale fee in the amount and in the manner provided in Section 32.110 of this code.
Acts 1977, 65th Leg., p. 2445, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 41, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.017. Keeping and Opening Bids

Sec. 52.017.  KEEPING AND OPENING BIDS.  Bids shall be kept secure and unopened by the commissioner or the commissioner's designee until opened on the date and at the time set as provided in Section 52.014 of this code.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 18, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.018. Void Application

Sec. 52.018.  VOID APPLICATION.  An application that includes two or more areas or that is for a price that is less than the fixed royalty and price per acre is void.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.019. Tie Bids

Sec. 52.019.  TIE BIDS.  (a)  If the highest bid for an area is made by more than one applicant, all applications shall be rejected and the board shall set a date for lease of the area that shall not be later than the 15th day of the following month.
(b)  The area will be subject to lease in the same manner as it was originally subject to lease.
(c)  No bids for a lease shall be considered if the price is less than the highest bid offered in the original application.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.020. Return of Payments on Rejected Applications

Sec. 52.020.  RETURN OF PAYMENTS ON REJECTED APPLICATIONS.  The comptroller or commissioner shall return all amounts paid on rejected applications.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 13, eff. Aug. 26, 1985;  Acts 1997, 75th Leg., ch. 1423, Sec. 14.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.021. Term of Lease

Sec. 52.021.  TERM OF LEASE.  A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as oil or gas is produced from the leased area.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5247, ch. 965, Sec. 9, eff. June 19, 1983;  Acts 1993, 73rd Leg., ch. 897, Sec. 19, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.022. Royalty Rate

Sec. 52.022.  ROYALTY RATE.  The board shall set the royalty rate on production of oil and gas from land leased under this subchapter.  The royalty rate set must be at least one-eighth of the gross production or the market value of the oil and gas produced.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 20, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.023. Lease Provisions for Drilling and Reworking

Sec. 52.023.  LEASE PROVISIONS FOR DRILLING AND REWORKING.  Each lease shall provide that:
(1)  if the production of oil or gas on premises leased under this subchapter ceases for any reason after the expiration of the primary term, the lease will not terminate if the lessee commences additional drilling or reworking operations within 60 days after the cessation of production;
(2)  the lease shall remain in effect as long as drilling or reworking operations continue in good faith and in a workmanlike manner without interruptions totaling more than 60 days;
(3)  if the drilling or reworking operations result in the production of oil or gas, the lease shall remain in effect so long as oil or gas is produced from the leased premises in paying quantities or payment of shut-in royalties or payment of compensatory royalties is made as provided by law;  and
(4)  if the drilling or reworking operations result in the completion of a well as a dry hole, the lease will not terminate if the lessee commences additional drilling or reworking operations within 60 days after the completion of the well as a dry hole, and the lease shall remain in effect so long as the lessee continues drilling or reworking operations in good faith and in a workmanlike manner without interruptions totaling more than 60 days.
Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2005, ch. 785, Sec. 6, eff. June 13, 1979;  Acts 1993, 73rd Leg., ch. 897, Sec. 21, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.026. Lease Transfer

Sec. 52.026.  LEASE TRANSFER.  (a)  A lessee of an area under this subchapter may transfer the lease at any time.  The liability of the transferor to properly discharge its obligations under the lease, including properly plugging abandoned wells, removing platforms or pipelines, or remediation of contamination at drill sites shall pass to the transferee upon prior written consent of the commissioner.  The commissioner may not withhold the consent unreasonably.  The commissioner may require the transferee to demonstrate that it has the financial responsibility to properly discharge its obligations under the lease and may require the transferee to post a bond or provide other security to secure those obligations if the transferee is unable to demonstrate such financial responsibility to the satisfaction of the commissioner.
(b)  The transfer of the lease shall be recorded in any county in which all or part of the leased area is located.
(c)  Within 90 days after the execution of the transfer, the recorded transfer or a certified copy of the recorded transfer accompanied by a filing fee set by the commissioner in an amount not less than $5 shall be filed in the land office.
(d)  Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the state by the original lessee or any prior transferee of the lease, including any liabilities to the state for unpaid royalties.
(e)  This section does not relieve a person from the duty to comply with a rule adopted or order issued by the Railroad Commission of Texas under another provision of this code.
Acts 1977, 65th Leg., p. 2448, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 404, ch. 81, Sec. 21(i), eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 19, eff. Sept. 1, 1987;  Acts 1999, 76th Leg., ch. 1125, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1483, Sec. 2, eff. Aug. 30, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.027. Lease Relinquishment

Sec. 52.027.  LEASE RELINQUISHMENT.  (a)  A lessee may relinquish his lease to the state at any time by recording the relinquishment in each county in which all or part of the leased area is located.
(b)  Within 90 days after the execution of the relinquishment, the recorded relinquishment or a certified copy of the recorded relinquishment together with a filing fee set by the commissioner in an amount not less than $5 shall be filed in the land office.
(c)  After the lessee relinquishes the area, he is relieved of any further obligations to the state, but the relinquishment does not release the lessee from any obligations or liabilities previously accrued in favor of the state.
Acts 1977, 65th Leg., p. 2448, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 404, ch. 81, Sec. 21(j), eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.028. Suspension of Lease Because of Litigation

Sec. 52.028.  SUSPENSION OF LEASE BECAUSE OF LITIGATION.  (a)  If an oil and gas lease that has been issued by the commissioner is involved in litigation relating to the validity of the lease or to the authority of the commissioner to issue the lease, the lease and all of the conditions and covenants contained in the lease shall be suspended during the period of the litigation, except as otherwise provided by this section.
(b)  If the litigation is instituted during the primary term of the lease, then, after a final, nonappealable judgment is entered in the litigation, the primary term provided in the lease shall resume and the lease shall continue to run for the remainder of the period specified in the lease, and all conditions and covenants contained in the lease shall be operative.
(c)  If the litigation is instituted during the secondary term of the lease, then, after a final, nonappealable judgment is entered in the litigation, the lease and all the conditions and covenants contained in the lease shall be operative, and the lessee shall have 60 days from the date a final, nonappealable judgment is entered in the litigation to produce in paying quantities or to commence drilling or reworking operations on the lease as if production had ceased on that date under Section 52.023 of this code.
(d)  The lessee shall pay any royalties that accrue during the period of suspension of the lease in the same manner as they are to be paid under the terms of the lease.
Acts 1977, 65th Leg., p. 2448, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 20, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 897, Sec. 23, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.029. Forfeiture of Rights

Sec. 52.029.  FORFEITURE OF RIGHTS.  The provisions of Subchapter F  of this chapter governing the forfeiture and reinstatement of rights apply to forfeiture and reinstatement of leases issued under this subchapter, and on forfeiture of a lease, the area covered by the lease may be leased, after advertisement, by any other person.
Acts 1977, 65th Leg., p. 2448, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.030. Refund of Lease Money in Certain Situations

Sec. 52.030.  REFUND OF LEASE MONEY IN CERTAIN SITUATIONS.  (a)  If a lessee is prevented from exploring, developing, drilling, or producing oil and gas from the tract leased to him as a result of the action of any agency of the United States or of this state during the entire primary term of the lease, he is entitled to a refund of all money paid for bonus, delay rentals, and other fees under the lease as provided by legislative appropriation.
(b)  A refund shall be made only on verification of the claim by the board or on the judgment of a court of competent jurisdiction.
(c)  A lessee who has a claim under this section is given permission to bring suit against the state within two years after the expiration of the lease in any court of competent jurisdiction to recover the money paid.
Acts 1977, 65th Leg., p. 2448, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.031. Extension of Lease by Commissioner

Sec. 52.031.  EXTENSION OF LEASE BY COMMISSIONER.  (a)  At the expiration of the primary term of a lease made under the provisions of this subchapter, if production of oil or gas has not been obtained on the leased premises but drilling operations are being conducted in good faith and in good and workmanlike manner, the lessee may file in the land office on or before the expiration of the primary term a written application to the commissioner for a 30-day extension of the lease accompanied by $3,000 for 640 acres or less or $6,000 for more than 640 acres.
(b)  The commissioner shall extend the lease in writing for a 30-day period from the expiration of the primary term and as long after that time as oil or gas is produced in paying quantities.
(c)  As long as drilling operations are being conducted, the lessee may submit an application and payment during any 30-day extended period for an additional extension of 30 days.  On receiving the application and payment, the commissioner shall again extend the lease in writing so that it will remain effective for an additional 30-day period and as long after that time as oil or gas is produced in paying quantities.
(d)  No lease may be extended under this section for more than 390 days after the expiration of the primary term unless production is obtained in paying quantities.
Acts 1977, 65th Leg., p. 2449, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.032. Regulation of Development and Operations

Sec. 52.032.  REGULATION OF DEVELOPMENT AND OPERATIONS.  (a)  Development and operations on areas covered by this subchapter shall be done insofar as practicable in a manner that will prevent the pollution of water, destruction of fish, oysters, and other marine life, and obstruction of navigation.
(b)  The commissioner shall adopt and enforce rules that may be necessary for the purposes stated in Subsection (a) of this section.
(c)  Any rules and changes of rules adopted under this section shall be submitted to the attorney general for his written approval before the rules or their changes become effective.
Acts 1977, 65th Leg., p. 2449, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.033. Access to Land

Sec. 52.033.  ACCESS TO LAND.  (a)  If it is necessary for the lessee to enter the enclosed land of another person for the purpose of ingress and egress to and from the area leased from the state and if the lessee and the owner cannot agree on the place or the conditions of entry and exit, the lessee or his agent may petition the commissioners court of the county in which all or part of the enclosure is located to open the places of ingress and egress that may be necessary.
(b)  On filing the petition, the commissioners court shall delineate the roads necessary for the stated purpose in the manner provided for delineating third-class public roads.
Acts 1977, 65th Leg., p. 2449, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.034. Offset Wells

Sec. 52.034.  OFFSET WELLS.  (a)  In this section:
(1)  "Horizontal drainhole well" means a well with a horizontal drainhole that may produce oil or gas along at least 100 feet of the drainhole.
(2)  "Take point" means any point in a horizontal drainhole well where oil and gas can be produced from the reservoir or field interval recognized by the Railroad Commission of Texas.
(3)  "Unconventional fracture treated field" means an oil or gas field in which horizontal well development and hydraulic fracture treatment must be used to recover resources from all or part of the field.
(a-1)  Except as provided by Subsection (a-2), if oil or gas is produced in commercial quantities from a well located on a privately owned area or areas of state land leased at a lesser royalty and the well is located within 1,000 feet of an area leased under this subchapter or is draining an area leased under this subchapter, the lessee of the state area shall begin in good faith and prosecute diligently the drilling of an offset well or wells on the area leased from the state within 60 days after the initial production from the draining well or the well located within 1,000 feet of the leased state area.
(a-2)  If the well producing oil or gas in commercial quantities under Subsection (a-1) is a horizontal drainhole well located in an unconventional fracture treated field, a lessee of a state area is not required to drill an offset well as provided by Subsection (a-1) unless any take point in the horizontal drainhole well is located closer to the leased state area than the greater of:
(1)  the minimum distance established by the applicable lease-line spacing requirement of the Railroad Commission of Texas; or
(2)  a perpendicular distance of 330 feet.
(b)  An offset well shall be drilled to a depth and the means shall be employed which may be necessary to prevent undue drainage of oil or gas from beneath the state area.
(c)  Within 30 days after an offset well has been completed or abandoned, a log of each well shall be filed in the land office.
(d)  At the determination of the commissioner and with the commissioner's written approval, the payment of a compensatory royalty shall satisfy the obligation to drill an offset well or wells required by Subsection (a-1).  Such compensatory royalty shall be paid at the royalty rate provided by the state lease issued under this subchapter and shall be paid on the market value at the well of production from the well producing oil or gas in commercial quantities described by Subsection (a-1).
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 22, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 392 (S.B. 1258), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter B. Lease of Public School and Gulf Land › Section 52.035. Agreements With U

Sec. 52.035.  AGREEMENTS WITH U.S. GOVERNMENT.  (a)  The governor may execute agreements on behalf of the state to obtain access to confidential and proprietary information from the secretary of the United States Department of the Interior regarding exploration, development, or production of oil, gas, or other minerals on the outer continental shelf.  The governor may agree to waive sovereign immunity and other defenses as prescribed by this section, and may agree to indemnify the United States government from unauthorized disclosure of the information obtained.
(b)  The information obtained from the Department of the Interior under an agreement executed under Subsection (a) of this section is confidential and may not be used publicly, opened to public inspection, or disclosed, except that the information may be examined and used by the governor and the commissioner of the General Land Office, or their designees, for the administration of their official duties and to assure a fair and equitable division of federal revenues derived from leasing lands adjacent to the boundaries of this state.
(c)  The state waives its right to claim sovereign immunity in any action commenced against the state for unauthorized disclosure of the confidential information obtained from the Department of the Interior under an agreement executed by the governor under Subsection (a) of this section, and waives its right to claim that an employee who revealed privileged information was acting outside the scope of employment by disclosing the information.
(d)  The state agrees to hold the United States government harmless from any actions or damages brought as a result of the acts or omissions of the state or its employees in releasing proprietary information obtained under an agreement executed under Subsection (a) of this section.
Added by Acts 1985, 69th Leg., ch. 923, Sec. 15, eff. Aug. 26, 1985.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 25, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.071. Authority Over Riverbeds and Channels

Sec. 52.071.  AUTHORITY OVER RIVERBEDS AND CHANNELS.  The riverbeds and channels belonging to the state are subject to development by the state and to lease or contract for recovery of oil and gas.
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.072. State Policy

Sec. 52.072.  STATE POLICY.  (a)  With regard to leases and contracts for the development of riverbeds and channels, it is the policy of the state that activities of the state and all lessees and contracting parties or their heirs, successors, or assigns under a lease or contract shall comply with laws of the state and rules and orders of any state agency that are applicable to development of oil and gas bearing land in the state by persons other than the state.
(b)  Each lease and contract issued under the provisions of this subchapter is subject to the provisions of Subsection (a) of this section.
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.073. Area Subject to Lease

Sec. 52.073.  AREA SUBJECT TO LEASE.  Riverbeds and channels that belong to the state may be leased to any person by the board under the provisions of this subchapter.
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.074. Size of Tract

Sec. 52.074.  SIZE OF TRACT.  Subject to the conditions in this subchapter, riverbeds and channels shall be leased in tracts of the size determined by the board.
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.076. Duty to Advertise

Sec. 52.076.  DUTY TO ADVERTISE.  (a)  The board may:
(1)  advertise for bids to lease riverbeds and channels for oil and gas development;
(2)  advertise for bids to contract to develop the oil or gas under riverbeds and channels on consideration involving compensation with oil and gas or money so that the state will receive a portion of the oil and gas as it is produced or advanced royalties paid in money;
(3)  advertise for bids to purchase oil and gas in place under riverbeds and channels without requiring mineral development;  and
(4)  pool or bring an action to force pool unleased riverbeds and channels.
(b)  The board shall advertise that the board will receive bids and award the right to lease, develop, or purchase under this section in the same manner as provided in Subchapter D, Chapter 32, of this code  and Subchapter B of this chapter.
Acts 1977, 65th Leg., p. 2450, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 16, eff. Aug. 26, 1985;  Acts 1993, 73rd Leg., ch. 897, Sec. 26, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.077. Special Fee

Sec. 52.077.  SPECIAL FEE.  Each bidder on a lease under this subchapter shall remit with each bid by separate payment a special sale fee in the amount and in the manner provided by Section 32.110 of this code.
Added by Acts 1993, 73rd Leg., ch. 897, Sec. 27, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.080. Forms for Lease and Contract

Sec. 52.080.  FORMS FOR LEASE AND CONTRACT.  Leases and contracts for the development of riverbeds and channels shall be executed on forms approved by the board.
Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 923, Sec. 17, eff. Aug. 26, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.082. Term of Lease

Sec. 52.082.  TERM OF LEASE.  A lease granted under this subchapter shall be for a primary term not to exceed 10 years and for as long after that time as oil or gas is produced from the leased area.
Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5248, ch. 965, Sec. 10, eff. June 19, 1983;  Acts 1993, 73rd Leg., ch. 897, Sec. 28, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.083. Conditions of Lease

Sec. 52.083.  CONDITIONS OF LEASE.  Oil and gas shall only be leased together and separately from other minerals.
Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.084. Special Lease Provisions

Sec. 52.084.  SPECIAL LEASE PROVISIONS.  Each lease shall include the provisions required by Sections 52.023 and 52.024 of this code.
Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.085. Prevention of Pollution

Sec. 52.085.  PREVENTION OF POLLUTION.  (a)  Each lease and contract shall require the lessee or contracting party or his successors or assigns to use the highest degree of care and all proper safeguards to prevent pollution of streams.
(b)  If the lessee or contracting party fails to meet the requirements in Subsection (a) of this section, the state is entitled to take charge of the property immediately and to cancel the lease.
Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.087. Determination of Lease Price and Delay Rentals

Sec. 52.087.  DETERMINATION OF LEASE PRICE AND DELAY RENTALS.  The board shall determine the price at which riverbeds and channels shall be leased and the amount of delay rentals that shall be charged.
Acts 1977, 65th Leg., p. 2452, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.088. Royalty Rate

Sec. 52.088.  ROYALTY RATE.  The board shall set the royalty rate on production of oil and gas from riverbeds and channels leased under this subchapter.  The royalty rate set must be at least one-eighth of the gross production or the market value of the oil and gas produced.
Acts 1977, 65th Leg., p. 2452, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 29, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.090. Extension of Lease

Sec. 52.090.  EXTENSION OF LEASE.  A lease may be extended in the manner provided in Section 52.031 of this code.
Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.091. Refund of Lease Money in Certain Situations

Sec. 52.091.  REFUND OF LEASE MONEY IN CERTAIN SITUATIONS.  A lessee under this subchapter is entitled to a refund of all money paid for bonus, delay rentals, and other fees for the reasons and in the manner provided in Section 52.030 of this code.
Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.092. Power of Eminent Domain

Sec. 52.092.  POWER OF EMINENT DOMAIN.  The board or any person including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources in riverbeds and channels may exercise the power of eminent domain to condemn land as provided in the general laws of this state for the purposes stated in Section 52.093 of this code.
Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.093. Eminent Domain Purposes

Sec. 52.093.  EMINENT DOMAIN PURPOSES.  The board and any person, including a leaseholder or assignee, who has a contract with the board for the development of oil and gas resources in riverbeds and channels may exercise the power of eminent domain for the following purposes:
(1)  to secure additional adjoining land that may be necessary to erect power machinery and to construct storage tanks and slush pits for the operation of the river or channel development and to prevent or lessen the dangers of pollution involved in the drilling of any well in the riverbed or channel;  and
(2)  to secure a right-of-way to and from any well that is drilled in the riverbed or channel so that the board or any of the leaseholders or contracting parties may go to and from the well and may transport any materials necessary to develop the riverbed or channel and to transport oil and gas away from the well.
Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.094. Drilling Offset Well on Condemned Land

Sec. 52.094.  DRILLING OFFSET WELL ON CONDEMNED LAND.  (a)  If the landowner or other interested party and the board or the lessee of the riverbed or channel cannot agree on the amount of damages, if any, and it is necessary to commence condemnation proceedings and if it is necessary for the landowner or other interested party to drill an offset well within the area to be condemned, the mineral rights of the condemned party are superior to the surface rights of the condemning party.
(b)  If there is any conflict surrounding the drilling of an offset well under a permit from the Railroad Commission of Texas, the condemning party is required to move any interference or hindrance or to go around any offset well, and if he fails or refuses to immediately move the interference or hindrance on demand, the owner of the mineral rights is entitled to do so immediately without liability.
Acts 1977, 65th Leg., p. 2453, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.095. Rights of Parties to Condemnation

Sec. 52.095.  RIGHTS OF PARTIES TO CONDEMNATION.  It is the intent of this subchapter that the mineral rights of the owner are superior to the surface rights of the condemning party.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.096. Exclusion From Damages in Condemnation

Sec. 52.096.  EXCLUSION FROM DAMAGES IN CONDEMNATION.  In determining the damages resulting from condemnation, the commissioners or any other tribunal shall not consider the value of oil or gas located beneath the rights-of-way of the condemned property.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.097. Injunction

Sec. 52.097.  INJUNCTION.  (a)  No injunction may be granted against the board, its agents, or persons with whom it has contracted, to restrain the board from enforcing its orders or contracts or from carrying out any development that has begun or was contemplated by the board until notice is given to the board and its agents or the contracting parties and a hearing is held.
(b)  Before an injunction or restraining order is issued or becomes effective, the court shall require the complaining party to execute a bond payable to the governor with good and sufficient sureties authorized to do business in this state in an amount determined by the court to be sufficient to protect the state from loss from drainage of the riverbed or channel, of lease or bonus or consideration, or from any other reason.  In determining the amount of the bond, the court shall consider the probable and possible loss to the state by granting the injunction.
(c)  The attorney general shall bring suit on the bond to recover any loss to the state caused by the suit for injunction.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.098. Appeal

Sec. 52.098.  APPEAL.  (a)  Either party to the suit for an injunction or restraining order is entitled to appeal from the final judgment.
(b)  The appeal shall be returnable to the appellate court at once and shall have precedence in that court over all pending cases, proceedings, and causes of a different character.
(c)  The court of appeals shall decide the questions involved in the appeal at as early a date as possible.
(d)  If any question is certified to the supreme court or if writ of error is requested or granted, the supreme court shall set the cause for hearing immediately, and the cause shall have precedence over all other cases, proceedings, and causes of a different character.  The supreme court shall decide the cause at as early a date as possible.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 799, ch. 291, Sec. 90, eff. Sept. 1, 1981.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.099. Venue

Sec. 52.099.  VENUE.  The venue for any suit arising from this subchapter either by or against the board and regardless of the kind or nature shall be in Travis County.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter C. Development of Riverbeds and Channels › Section 52.100. Effect of Subchapter

Sec. 52.100.  EFFECT OF SUBCHAPTER.  The provisions of this subchapter do not repeal or supersede Chapter 138, Acts of the 41st Legislature, Regular Session, 1929 (Article 5414a, Vernon's Texas Civil Statutes), which validated, relinquished, quitclaimed, and granted to patentees and awardees and their assignees land and minerals that are included in surveys lying across or partly across watercourses and navigable streams in the state and that have been patented or awarded as provided in that chapter.
Acts 1977, 65th Leg., p. 2454, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter D. Royalties › Section 52.132. Form of Payment

Sec. 52.132.  FORM OF PAYMENT.  Except as provided in Section 52.133 of this code, royalty payments shall be made in cash, by bank draft drawn on a state or national bank in Texas, by a post-office or express money order, or in any other form that the law may provide for making payments to the State Treasury and are payable to the commissioner in Austin.
Acts 1977, 65th Leg., p. 2455, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter D. Royalties › Section 52.133. Payment of Royalty in Kind

Sec. 52.133.  PAYMENT OF ROYALTY IN KIND.  (a)  Each oil or gas lease covering land leased by the board, by a board for lease, or by the surface owner of land under which the state owns the minerals, commonly referred to as Relinquishment Act land, which shall be subject to approval by the commissioner before it is effective, shall include a provision granting the board authorized to lease the land or the owner of the soil of Relinquishment Act land and the commissioner authority to take their royalty in kind, and the commissioner and the boards for lease may include any other reasonable provisions that are not inconsistent with this section.
(b)  The option to take the royalty in kind may be exercised at any time or from time to time on not less than 60 days' notice to the holder of the lease.
(c)  The commissioner, the owner of the soil under Subchapter F, or the commissioner acting on the behalf of and at the direction of an owner of the soil under Subchapter F, the board, or a board for lease, or at the direction of the Board for Lease of University Lands, may negotiate and execute contracts or any other instruments or agreements necessary to dispose of or enhance their portion of the royalty taken in kind, including contracts for sale, marketing, purchase, transportation, including purchase and exchange agreements necessary to transport gas, and storage and including insurance contracts or other agreements, to secure or guarantee payment.
(d)  The commissioner, the owner of the soil under Subchapter F, or the commissioner acting on behalf of and at the direction of an owner of the soil under Subchapter F, the board, or a board for lease may negotiate and execute contracts or any other instruments or agreements necessary to convert that portion of the royalty taken in kind into other forms of energy, other than electricity.
(e)  This section shall not be construed to surrender or in any way affect the right of the state or the owner of the soil under existing or future leases to receive royalty from its lessee on the basis of the market value of the production from state public land or land under the provisions of Subchapter F of this chapter.
(f)  For the purposes of this section, royalty taken in kind includes oil or gas sold or marketed by the commissioner that has been produced on state mineral lands or from the first three miles of federal waters adjacent to the state boundaries, also known as the 8g zone.
Acts 1977, 65th Leg., p. 2455, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 897, Sec. 31, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 427, Sec. 1, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 405, Sec. 49, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 53 (H.B. 2263), Sec. 1, eff. May 17, 2019.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter D. Royalties › Section 52.134. Filing Contracts and Agreements

Sec. 52.134.  FILING CONTRACTS AND AGREEMENTS.  Copies of contracts for the sale or processing of gas and subsequent agreements and amendments to those contracts shall be filed in the land office within 30 days after the contracts, agreements, or amendments are made.  These contracts and agreements received by the land office shall be held in confidence by the land office unless otherwise authorized by the lessee.
Acts 1977, 65th Leg., p. 2456, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter D. Royalties › Section 52.136. Lien

Sec. 52.136.  LIEN.  (a)  The state has a statutory first lien on all oil and gas produced on any lease area to secure payment of unpaid royalty and other amounts due.
(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, 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, whether express or implied.
(c)  The statutory and contractual liens and security interests described in this section may be foreclosed with or without court proceedings in the manner provided under Chapter 9, Business & Commerce Code.  The state may require the lessee to execute and record instruments reasonably necessary to acknowledge, attach, or perfect the liens.
Acts 1977, 65th Leg., p. 2456, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1324, Sec. 2, eff. Jan. 1, 1998.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle D - Disposition of the Public Domain › Chapter 52 - Oil and Gas › Subchapter D. Royalties › Section 52.137. Suit After Protest

Sec. 52.137.  SUIT AFTER PROTEST.  (a)  If a lessee, who has received an audit deficiency assessment and has waived the right to request a hearing before the commissioner or who is required by final order of the commissioner following a hearing to pay additional royalties, contends that such audit deficiency assessment is unlawful or that the commissioner may not legally demand or collect such royalties, and the lessee intends to bring suit under this section, the lessee must submit a protest in writing stating fully and in detail each reason why it contends such royalty is not due.  Such protest shall be made to the commissioner within 30 days of the date of receipt of the audit billing notice or of the date of receipt of the final order of the commissioner following a hearing, as the case may be.  All such mailings shall be by certified mail, return receipt requested.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 3 , Sec. 10(2), eff. September 1, 2015.
(c)  A suit under this section is barred unless brought in the district courts of Travis County within 90 days after the date of the protest or within 90 days after the date of the final order of the commissioner following hearing, whichever is later.
(d)  The issues to be determined in a suit under this section are limited to those arising from the reasons stated in the written protest as originally filed.
(e)  The trial of the issues in a suit under this section is de novo and the substantial evidence rule will not apply.
Added by Acts 1986, 69th Leg., 3rd C.S., ch. 5, Sec. 2, eff. Sept. 30, 1986.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 25, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1423, Sec. 14.13, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 328, Sec. 7.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 7, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 3 (S.B. 903), Sec. 10(2), eff. September 1, 2015.