Bill Text: TX HB1168 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the mineral use of land that has been subdivided for energy development resulting in the generation of electricity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-14 - Referred to Energy Resources [HB1168 Detail]
Download: Texas-2017-HB1168-Introduced.html
| 85R5032 JAM-F | ||
| By: Nevárez | H.B. No. 1168 | |
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| relating to the mineral use of land that has been subdivided for | ||
| energy development resulting in the generation of electricity. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 92.002, Natural Resources Code, is | ||
| amended by adding Subdivision (5) to read as follows: | ||
| (5) "Qualified subdivision for energy development" | ||
| means a tract of land of not more than 640 acres that: | ||
| (A) has been subdivided in a manner authorized by | ||
| law by the surface owners for energy development resulting in the | ||
| generation of electricity by a plant or industrial facility; and | ||
| (B) contains one or more operations sites within | ||
| the tract and provisions for road and pipeline easements to allow | ||
| use of the operations sites. | ||
| SECTION 2. Section 92.003, Natural Resources Code, is | ||
| amended to read as follows: | ||
| Sec. 92.003. CREATION OF SUBDIVISION. The surface owners | ||
| of a parcel of land may create a qualified subdivision or a | ||
| qualified subdivision for energy development on the land if a plat | ||
| of the subdivision has been approved by the railroad commission and | ||
| filed with the clerk of the county in which the subdivision is to be | ||
| located. | ||
| SECTION 3. Section 92.004(a), Natural Resources Code, is | ||
| amended to read as follows: | ||
| (a) The railroad commission shall adopt rules governing the | ||
| contents of an application for a qualified subdivision or a | ||
| qualified subdivision for energy development. An application must | ||
| be accompanied by a plat of the subdivision showing the applicant's | ||
| proposed location of operations sites and road and pipeline | ||
| easements. | ||
| SECTION 4. Section 92.005, Natural Resources Code, is | ||
| amended to read as follows: | ||
| Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a | ||
| possessory mineral interest within a qualified subdivision or a | ||
| qualified subdivision for energy development may use only the | ||
| surface contained in designated operations sites for exploration, | ||
| development, and production of minerals and the designated | ||
| easements only as necessary to adequately use the operations sites. | ||
| (b) The owner of the possessory mineral interest may drill | ||
| wells or extend well bores from an operations site or from a site | ||
| outside of the qualified subdivision or qualified subdivision for | ||
| energy development under the surface of other parts of the | ||
| qualified subdivision or qualified subdivision for energy | ||
| development if the operations do not unreasonably interfere with | ||
| the use of the surface of the qualified subdivision or qualified | ||
| subdivision for energy development outside the operations site. | ||
| (c) This section ceases to apply to a qualified subdivision | ||
| if, by the third anniversary of the date on which the order of the | ||
| commission becomes final: | ||
| (1) the surface owner has not commenced actual | ||
| construction of roads or utilities within the qualified | ||
| subdivision; and | ||
| (2) a lot within the qualified subdivision has not | ||
| been sold to a third party. | ||
| (d) This section ceases to apply to a qualified subdivision | ||
| for energy development if, by the third anniversary of the date on | ||
| which the order of the commission becomes final, the surface owner | ||
| has not commenced actual construction of roads or facilities for | ||
| use in generating electricity within the qualified subdivision for | ||
| energy development. | ||
| SECTION 5. Section 92.006, Natural Resources Code, is | ||
| amended to read as follows: | ||
| Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any | ||
| portion of a qualified subdivision or qualified subdivision for | ||
| energy development may be amended, replatted, or abandoned by the | ||
| surface owner. An amendment or replat, however, may not alter, | ||
| diminish, or impair the usefulness of an operations site or | ||
| appurtenant road or pipeline easement unless the amendment or | ||
| replat is approved by the commission in accordance with Section | ||
| 92.003 [ |
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| SECTION 6. Not later than January 1, 2018, the Railroad | ||
| Commission of Texas shall adopt rules necessary to implement | ||
| Chapter 92, Natural Resources Code, as amended by this Act. | ||
| SECTION 7. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
