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Texas Natural Resources Code - Chapter 52 Oil And GasLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 52 Oil And Gas In this chapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Land office" means the General Land Office. (3) "Board" means the ... Under the provisions of this subchapter, the board may lease to any person for the production of oil and natural gas: (1) islands, saltwater lakes, ... Oil and gas shall only be leased together and shall be leased separately from other minerals. Acts 1977, 65th Leg., p. 2445, ch. 871, art. ... The board shall determine the price at which areas under this subchapter shall be leased and the amount of delay rentals that shall be charged. ... The date for opening bids to lease areas covered by this subchapter shall be set and notice of the date shall be given in the ... (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 ... 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 ... 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 ... 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 ... (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 ... The comptroller or commissioner shall return all amounts paid on rejected applications. Acts 1977, 65th Leg., p. 2446, ch. 871, art. I, § 1, eff. ... 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 ... 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 ... 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 ... (a) For purposes of this section, "well" means any well that has been assigned a well number by the state agency having jurisdiction over the ... The comptroller shall credit the permanent school fund with amounts received from unsurveyed school land and with two-thirds of the amount received from other areas ... (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 ... (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 ... (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 ... 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 ... (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 ... (a) If the lessee of a valid oil and gas lease granted by the state is unable to obtain access to the leased premises, or ... (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 ... (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 ... (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 ... (a) If oil or gas is produced in commercial quantities from a well located on a privately owned area or areas of state land leased ... (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 ... 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 ... (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 ... 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, ... 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 ... (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 ... 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 ... 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, ... 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 and gas shall only be leased together and separately from other minerals. Acts 1977, 65th Leg., p. 2451, ch. 871, art. I, § 1, ... 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, ... (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 ... 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 ... 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 ... 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, ... 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 ... 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 ... 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 ... (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 ... 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 ... 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 ... (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 ... (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 ... 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 ... 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 ... (a) Royalties due under a lease of state land or minerals that are required to be paid to the land office, including leases on land ... 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 ... (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 ... 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 ... (a) The books and accounts, receipts, and discharges of all lines, tanks, pools, and meters and all contracts and other records relating to the production, ... (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 ... (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 ... If a suit authorized by Section 52.137 of this code results in a final determination that all or part of the payment under protest was ... (a) If an audit billing notice has been issued under Section 52.135 and any outstanding audit deficiency assessment has been paid either: (1) voluntarily; (2) ... (a) All information secured, derived, or obtained during the course of an inspection or examination of books, accounts, reports, or other records, as provided in ... (a) The commissioner, on behalf of the state or any fund that belongs to the state, may execute agreements that provide for operating areas as ... (a) An agreement must be approved by the board and executed by the commissioner to be effective if the agreement commits: (1) a royalty interest ... (a) An agreement executed under this subchapter may include the following provisions: (1) that operations incident to drilling a well on any portion of a ... (a) The board may approve, by rule or order, a ratification or other agreement that includes in the benefits of production a mineral or royalty ... The state hereby constitutes the owner of the soil its agent for the purposes herein named, and in consideration therefor, relinquishes and vests in the ... The owner of said land is hereby authorized to sell or lease to any person, firm, or corporation the oil and gas that may be ... (a) If oil and/or gas should be produced in commercial quantities within 1,000 feet of land subject to this subchapter,or in any case where land ... If such persons fail or refuse to begin the drilling of such well or wells within the time required or to prosecute such drilling as ... When the relinquishment or agency right herein granted has been forfeited, the land shall be subject to lease for oil and gas under the procedure ... If any person, firm, or corporation operating under this law shall fail or refuse to make the payment of any sum within 30 days after ... If one acquires a valid right by permit or lease to the oil and gas in any unsold public free school or asylum land under ... The owner of a permit or combination of permits shall have 18 months from the date or average date thereof in which to begin drilling ... If oil or gas should be produced in paying quantities upon any land included in this law, the owner of the permit shall report the ... The owner of a permit or combination of permits who desires to avail himself of the terms of this law, shall pay the state 10 ... The owner of a permit or combination of permits may relinquish to the state a permit or combination of permits or any whole survey or ... The payment of delay rentals and the obligation to pay the owner of the soil one-sixteenth of the production and the payment of same when ... No mineral lease executed by the owner of the land or minerals under this subchapter is effective until a certified copy of the lease is ... No lease executed under this subchapter after September 17, 1939, is binding on the state unless it recites the actual and true consideration paid or ... The provisions of this subchapter relating to a combination of permits and extension of time for beginning development and time for development applies to permits ... (a) If an owner of the soil or of any undivided interest therein of any land subject to the terms of this subchapter or Subchapter ... (a) An owner of the soil may acquire by assignment a lease which he executed on land subject to the Relinquishment Act, Subchapter F, Chapter ... (a) Prohibition Against Self-Dealing. (1) The owner of the soil may not lease, either directly or indirectly, to himself or to a nominee, to any ... (a) An owner of the soil of lands covered by this subchapter may lease those lands for the purpose of exploring for and producing oil ... The following persons, agencies, and entities are subject to the provisions of Sections 52.292 through 52.293 of this code: (1) the commissioner; (2) the board; ... (a) Leases issued under Subchapter B of this chapter for unsold surveyed or unsurveyed school land, other than land included in islands, saltwater lakes, bays, ... In this subchapter: (1) "Geophysical exploration" means a survey or investigation conducted to discover or locate oil and gas prospects using magnetic, gravity, seismic, and/or ... (a) Except for a person who has a valid oil and gas lease on public school land authorized by this chapter, a person may not ... (a) The person responsible for conducting a geophysical or geochemical exploration is the person who must apply for a permit. (b) An application for a ... (a) The commissioner: (1) as a condition of issuing a permit, shall collect reasonable fees from the applicant in an amount determined by the commissioner; ... (a) If a permittee fails to restore land in accordance with Section 52.324(a)(3) of this code and the rules of the commissioner, the commissioner and ... Texas Lawyers
Last modified: August 10, 2007 |