State Codes and Statutes

Statutes > Texas > Natural-resources-code > Title-3-oil-and-gas > Chapter-92-mineral-use-of-subdivided-land

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE B. CONSERVATION AND REGULATION OF OIL AND GAS

CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND

Sec. 92.001. PURPOSE. It is the finding of the legislature that

the rapidly expanding population and development of the cities

and towns of this state and the concomitant need for adequate and

affordable housing and suitable job opportunities call for full

and efficient utilization and development of all the land

resources of this state, as well as the full development of all

the minerals of this state. In view of that finding, it is the

intent of the legislature that the mineral resources of this

state be fully and effectively exploited and that all land in

this state be maintained and utilized to its fullest and most

efficient use. It is the further finding of this legislature that

it is necessary to exercise the authority of the legislature

pursuant to Article XVI, Section 59, of the Constitution of the

State of Texas to assure proper and orderly development of both

the mineral and land resources of this state and that the

enactment of this chapter will protect the rights and welfare of

the citizens of this state.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.002. DEFINITIONS. In this chapter:

(1) "Operations site" means a surface area of two or more acres

located in whole or in part within a qualified subdivision,

designated on the subdivision plat, that an owner of a possessory

mineral interest may use to explore for and produce minerals.

(2) "Possessory mineral interest" means a mineral interest that

includes the right to use the land surface for exploration and

production of minerals.

(3) "Qualified subdivision" means a tract of land of not more

than 640 acres:

(A) that is located in a county having a population in excess of

400,000, or in a county having a population in excess of 140,000

that borders a county having a population in excess of 400,000 or

located on a barrier island;

(B) that has been subdivided in a manner authorized by law by

the surface owners for residential, commercial, or industrial

use; and

(C) that contains an operations site for each separate 80 acres

within the 640-acre tract and provisions for road and pipeline

easements to allow use of the operations site.

(4) "Barrier island" means an island bordering on the Gulf of

Mexico and entirely surrounded by water.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 1,

eff. June 11, 1987.

Sec. 92.003. CREATION OF SUBDIVISION. The surface owners of a

parcel of land may create a qualified subdivision 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.004. HEARING AND ORDER BY RAILROAD COMMISSION. (a) The

railroad commission shall adopt rules governing the contents of

an application for a qualified subdivision. 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.

(b) The railroad commission shall, on notice to the applicant

and owners of possessory mineral interests, hold a hearing on the

application at which the commission shall consider the adequacy

of the number and location of operations sites and road and

pipeline easements. At the hearing on the application, evidence

may be presented by the applicant and the owners of possessory

mineral interests. After considering the evidence, the commission

shall approve, reject, or amend the application to ensure that

the mineral resources of the subdivision are fully and

effectively exploited. The applicant or the owner of the

possessory mineral interest may appeal the order of the railroad

commission as provided by law.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 2,

eff. June 11, 1987.

Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a

possessory mineral interest within a qualified subdivision 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 under the surface of other

parts of the qualified subdivision if the operations do not

unreasonably interfere with the use of the surface of the

qualified subdivision outside the operations site.

(c) This section ceases to apply to a 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts, 1987, 70th Leg., ch. 274, Sec. 3,

eff. June 11, 1987.

Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any

portion of a qualified subdivision 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 of this code.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 4,

eff. June 11, 1987.

Sec. 92.007. MUNICIPAL AUTHORITY. This chapter does not affect

the authority of a municipality to require approval of

subdivision plats or the authority of a home-rule city to

regulate exploration and development of mineral interests within

its boundaries.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

State Codes and Statutes

Statutes > Texas > Natural-resources-code > Title-3-oil-and-gas > Chapter-92-mineral-use-of-subdivided-land

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE B. CONSERVATION AND REGULATION OF OIL AND GAS

CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND

Sec. 92.001. PURPOSE. It is the finding of the legislature that

the rapidly expanding population and development of the cities

and towns of this state and the concomitant need for adequate and

affordable housing and suitable job opportunities call for full

and efficient utilization and development of all the land

resources of this state, as well as the full development of all

the minerals of this state. In view of that finding, it is the

intent of the legislature that the mineral resources of this

state be fully and effectively exploited and that all land in

this state be maintained and utilized to its fullest and most

efficient use. It is the further finding of this legislature that

it is necessary to exercise the authority of the legislature

pursuant to Article XVI, Section 59, of the Constitution of the

State of Texas to assure proper and orderly development of both

the mineral and land resources of this state and that the

enactment of this chapter will protect the rights and welfare of

the citizens of this state.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.002. DEFINITIONS. In this chapter:

(1) "Operations site" means a surface area of two or more acres

located in whole or in part within a qualified subdivision,

designated on the subdivision plat, that an owner of a possessory

mineral interest may use to explore for and produce minerals.

(2) "Possessory mineral interest" means a mineral interest that

includes the right to use the land surface for exploration and

production of minerals.

(3) "Qualified subdivision" means a tract of land of not more

than 640 acres:

(A) that is located in a county having a population in excess of

400,000, or in a county having a population in excess of 140,000

that borders a county having a population in excess of 400,000 or

located on a barrier island;

(B) that has been subdivided in a manner authorized by law by

the surface owners for residential, commercial, or industrial

use; and

(C) that contains an operations site for each separate 80 acres

within the 640-acre tract and provisions for road and pipeline

easements to allow use of the operations site.

(4) "Barrier island" means an island bordering on the Gulf of

Mexico and entirely surrounded by water.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 1,

eff. June 11, 1987.

Sec. 92.003. CREATION OF SUBDIVISION. The surface owners of a

parcel of land may create a qualified subdivision 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.004. HEARING AND ORDER BY RAILROAD COMMISSION. (a) The

railroad commission shall adopt rules governing the contents of

an application for a qualified subdivision. 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.

(b) The railroad commission shall, on notice to the applicant

and owners of possessory mineral interests, hold a hearing on the

application at which the commission shall consider the adequacy

of the number and location of operations sites and road and

pipeline easements. At the hearing on the application, evidence

may be presented by the applicant and the owners of possessory

mineral interests. After considering the evidence, the commission

shall approve, reject, or amend the application to ensure that

the mineral resources of the subdivision are fully and

effectively exploited. The applicant or the owner of the

possessory mineral interest may appeal the order of the railroad

commission as provided by law.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 2,

eff. June 11, 1987.

Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a

possessory mineral interest within a qualified subdivision 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 under the surface of other

parts of the qualified subdivision if the operations do not

unreasonably interfere with the use of the surface of the

qualified subdivision outside the operations site.

(c) This section ceases to apply to a 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts, 1987, 70th Leg., ch. 274, Sec. 3,

eff. June 11, 1987.

Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any

portion of a qualified subdivision 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 of this code.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 4,

eff. June 11, 1987.

Sec. 92.007. MUNICIPAL AUTHORITY. This chapter does not affect

the authority of a municipality to require approval of

subdivision plats or the authority of a home-rule city to

regulate exploration and development of mineral interests within

its boundaries.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Natural-resources-code > Title-3-oil-and-gas > Chapter-92-mineral-use-of-subdivided-land

NATURAL RESOURCES CODE

TITLE 3. OIL AND GAS

SUBTITLE B. CONSERVATION AND REGULATION OF OIL AND GAS

CHAPTER 92. MINERAL USE OF SUBDIVIDED LAND

Sec. 92.001. PURPOSE. It is the finding of the legislature that

the rapidly expanding population and development of the cities

and towns of this state and the concomitant need for adequate and

affordable housing and suitable job opportunities call for full

and efficient utilization and development of all the land

resources of this state, as well as the full development of all

the minerals of this state. In view of that finding, it is the

intent of the legislature that the mineral resources of this

state be fully and effectively exploited and that all land in

this state be maintained and utilized to its fullest and most

efficient use. It is the further finding of this legislature that

it is necessary to exercise the authority of the legislature

pursuant to Article XVI, Section 59, of the Constitution of the

State of Texas to assure proper and orderly development of both

the mineral and land resources of this state and that the

enactment of this chapter will protect the rights and welfare of

the citizens of this state.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.002. DEFINITIONS. In this chapter:

(1) "Operations site" means a surface area of two or more acres

located in whole or in part within a qualified subdivision,

designated on the subdivision plat, that an owner of a possessory

mineral interest may use to explore for and produce minerals.

(2) "Possessory mineral interest" means a mineral interest that

includes the right to use the land surface for exploration and

production of minerals.

(3) "Qualified subdivision" means a tract of land of not more

than 640 acres:

(A) that is located in a county having a population in excess of

400,000, or in a county having a population in excess of 140,000

that borders a county having a population in excess of 400,000 or

located on a barrier island;

(B) that has been subdivided in a manner authorized by law by

the surface owners for residential, commercial, or industrial

use; and

(C) that contains an operations site for each separate 80 acres

within the 640-acre tract and provisions for road and pipeline

easements to allow use of the operations site.

(4) "Barrier island" means an island bordering on the Gulf of

Mexico and entirely surrounded by water.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 1,

eff. June 11, 1987.

Sec. 92.003. CREATION OF SUBDIVISION. The surface owners of a

parcel of land may create a qualified subdivision 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.

Sec. 92.004. HEARING AND ORDER BY RAILROAD COMMISSION. (a) The

railroad commission shall adopt rules governing the contents of

an application for a qualified subdivision. 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.

(b) The railroad commission shall, on notice to the applicant

and owners of possessory mineral interests, hold a hearing on the

application at which the commission shall consider the adequacy

of the number and location of operations sites and road and

pipeline easements. At the hearing on the application, evidence

may be presented by the applicant and the owners of possessory

mineral interests. After considering the evidence, the commission

shall approve, reject, or amend the application to ensure that

the mineral resources of the subdivision are fully and

effectively exploited. The applicant or the owner of the

possessory mineral interest may appeal the order of the railroad

commission as provided by law.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 2,

eff. June 11, 1987.

Sec. 92.005. USE OF OPERATIONS SITE. (a) An owner of a

possessory mineral interest within a qualified subdivision 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 under the surface of other

parts of the qualified subdivision if the operations do not

unreasonably interfere with the use of the surface of the

qualified subdivision outside the operations site.

(c) This section ceases to apply to a 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.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts, 1987, 70th Leg., ch. 274, Sec. 3,

eff. June 11, 1987.

Sec. 92.006. AMENDMENT, REPLAT, OR ABANDONMENT. All or any

portion of a qualified subdivision 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 of this code.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1987, 70th Leg., ch. 274, Sec. 4,

eff. June 11, 1987.

Sec. 92.007. MUNICIPAL AUTHORITY. This chapter does not affect

the authority of a municipality to require approval of

subdivision plats or the authority of a home-rule city to

regulate exploration and development of mineral interests within

its boundaries.

Added by Acts 1983, 68th Leg., p. 4009, ch. 624, Sec. 1, eff.

Aug. 29, 1983.


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